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Construction Updates

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Real Estate Investment in Africa: Is the Honeymoon Over?

by DLA Piper on

The environment for real estate investment in Africa contains a perplexing mix of positive and negative factors. This is quite apart from the obvious fact that, in a continent of 54 countries and wide variations in levels...more

Development Rights and Responsibility Agreements: The Give and Take of Development

by Miles & Stockbridge P.C. on

Under Maryland law, the rights of a land developer to develop property for commercial or residential uses generally do not “vest” until there is some visible, lawful, construction on the property. Of course, development of a...more

Supreme Court Decides Murr v. Wisconsin, No. 15-214.

by Faegre Baker Daniels on

On June 23, 2017, the United States Supreme Court decided Murr v. Wisconsin, No. 15-214, holding that, in determining whether a regulatory taking has occurred under the Takings Clause of the Fifth Amendment, courts should...more

Department of Labor withdraws joint employer guidance

by McAfee & Taft on

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

Are We Ever Going to Get OSHA Guidance from the Trump Administration?

by Fisher Phillips on

No one thought that on June 22, we would still not know the Trump administration's enforcement position on the recordkeeping anti-retaliation requirements, including about automatic post-accident drug testing, the Silica...more

OSHA Seeks Feedback on Proposal to Revoke Certain Provisions of Beryllium Rule Applicable to the Construction and Shipyard Sectors

by Littler on

The Occupational Safety and Health Administration (OSHA) is reconsidering portions of a final rule setting standards for occupational exposure to beryllium. The rule, published January 9, 2017, was initially set to take...more

HVCRE: Busting Myths

by Dechert LLP on

The Trump administration and Congress have lots on the agenda: tax reform, financial regulation reform, job creation (think infrastructure spending, maybe?) and more. While it seems unlikely that much of anything “real” is...more

Blink and You'll Miss It - NSW Defect Bond Scheme Postponed and Email Service Gets the Green Light under the NSW SOP Act

by K&L Gates LLP on

The NSW Parliament has today passed the Electronic Transactions Legislation Amendment (Government Transactions) Bill 2017 (the Bill). The Bill has broad reaching implications for many participants in the building and...more

Small Business Payment For Performance Act Unanimously Leaves Committee – Will SBC Construction Contractors Be Able To Reduce...

Currently pending in the House of Representatives is H.R. 2594, the “Small Business Payment for Performance Act of 2017” (the “Bill”). This Bill unanimously passed the House Committee on Small Business earlier today. While...more

SB1025 Amending Section 12-820.03 Relating to Immunity for Public Entities

On May 1, 2017, Governor Ducey approved SB1025. This Bill amends A.R.S. § 12-820.03, which provides immunity to public entities and employees for claims arising from a plan or design for construction, maintenance, or...more

Ninth Circuit Holds That Despite ‘Known Damage’ Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor...

by Pepper Hamilton LLP on

Alkemade v. Quanta Indem. Co., 2017 U.S. App. LEXIS 6896 (9th Cir. Apr. 20, 2017) - In 1994, Adrianus and Rachelle Alkemade (the “Alkemades”) bought a house from Meltebeke Built Paradise Homes (“Meltebeke”). The home was...more

Consultation on personalised robo-advice

by DLA Piper on

As you will be aware from our previous updates on robo-advice, personalised financial advice in New Zealand must be given by a human being. This is limiting the development of robo-advice models in the New Zealand market and...more

Do Minnesota Municipalities Have the Authority to Source Public Works Contracts Using the Construction Manager at Risk Delivery...

by Dorsey & Whitney LLP on

Recently, at least two experienced attorneys, one who represents contractors and the other who primarily represents public authorities, have published position papers opining whether Minnesota municipalities have the power...more

Will It Soon Be Game over for Tax-Exempt Financing of Professional Sports Stadiums?

Public financing, including tax-exempt bond financing, of facilities used by professional sport teams has long been a controversial topic, with advocates and opponents disagreeing over whether the public benefits sufficiently...more

Crossing the line? Obtaining Building Permits for Decks in CIC’s

by Hellmuth & Johnson PLLC on

As summer gets into full swing, Minnesotans spend more time outdoors, and some community association members make plans to build or replace decks attached to their homes. In many cases, such decks extend beyond the unit...more

Amendment Adds Clarity to Florida's Construction Statutes of Limitations and Repose

by Rumberger Kirk & Caldwell on

On June 14, 2017, Florida’s Governor signed into law House Bill 377, which seeks to provide clarity to when Florida’s construction statutes of limitations and repose begin to run. The existing version of the statute, §...more

Financial Services Weekly News - June 2017 #2

by Goodwin on

Editor's Note - Financial Regulatory Reform Picks Up Speed. The Trump administration, which views burdensome and costly regulation as a significant impediment to lending and economic growth, has consistently maintained...more

A reminder why certainty in contracts is so important

by Dentons on

In the recent New South Wales Court of Appeal decision Port Macquarie-Hasting Council v Diveva, the Court considered the contractual interpretation of a renewal clause. The clause was phrased in general terms and did not...more

A strict enforcement of time bar provisions

by White & Case LLP on

Time bar provisions are a relatively common feature of construction contracts, but often arouse concern because they are seen to be "harsh". A recent case from Northern Ireland confirms that notwithstanding any "harsh"...more

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

by Fisher Phillips on

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

Mexico’s "Red Troncal" project - New telecom nationwide backbone network project to be launched in Mexico

by White & Case LLP on

The 2013 amendments to the Mexican Constitution and Mexico's new Telecom Law require Mexico's federal government to build a nationwide fiber optic backbone network, which will be called the Red Troncal....more

Arizona Lien, Payment Bond, and Stop Notice Summary Guidelines

by Jaburg Wilk on

Preliminary Lien Notices - “Prelims” should always be given (usually necessary for perfecting lien, bond and stop notice claims) Send within twenty (20) days of first day materials/labor furnished (“20-day...more

Rover pipeline HDD spill investigation

by PretiFlaherty on

Federal energy regulators overseeing the development of a new interstate natural gas pipeline have announced the opening of an investigation, following the inadvertent release of about 2 million gallons of drilling fluid from...more

Emergency Rule on School Construction Allows Planned Projects to Go Forward

by Clark Hill PLC on

The 2015 Michigan Building Code, which became effective in April 2017, requires public schools to construct storm shelters capable of accommodating every occupant of a school building in the event of high winds or a tornado....more

A License to Sue: Appellate Court Upholds Condition of Statute that a Contracting Party Must Hold a Valid Contractor’s License to...

California Business & Professions Code section 7031(a) requires a party to have contractor’s license in order to maintain an action for compensation for services performed for which a contractor’s license is needed. In...more

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