Construction Updates

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New York: Public Improvement Lien vs. Mechanic’s Lien

This is the first post in an ongoing series of posts on real estate and construction lending. Check back soon for more posts in our series. In New York, contractors must be careful to file the correct type of lien to...more

The Risky Business of Warranties

Owners and contractors beware! The warranty you get may not be what you bargained for. Many construction contracts, including widely used industry form contracts, contain two distinct warranties, a general warranty and a...more

CSLB Releases New Forms and Announces New Fees!

The California Contractors State License Board (CSLB”) has issued new application forms. Effective May 1, 2017, the CSLB will only accept forms with a revision date of October 2017 (Pro tip: see bottom of form to verify it...more

Indecent Exposure: New Decision Confirms Subcontractors Liability To CD Damages Is Expansive

How broad is a “broad-form” indemnity provision in a construction contract? A recent decision by the Arizona Court of Appeals has held such a provision allows a developer great latitude in recovering monies paid for...more

Maryland Sheriff’s Office Recovers Stolen Construction Goods Through Drones

Last week, Maryland’s Cecil County Sheriff’s Office used an unmanned aerial vehicle (UAV) to recover nearly $400,000 worth of stolen construction equipment, which also led to the arrest of the culprit. The New Jersey State...more

A Common Interest Agreement May Not Be Worth the Paper It’s Written On

It is a very common practice for counsel to co-defendants or co-plaintiffs to enter into agreements that shield their communications. The agreements are expressions of intent that the communications will be protected by the...more

Security of Payment and the rise of the contractual reference date

The recent Supreme Court of NSW decision by Ball J in Fairfield City Council v Abergeldie Contractors Pty Ltd1 (Abergeldie), provides another demonstration of how issues with reference dates2 can provide potent grounds for...more

Reading the Crystal Ball: Reservation of Rights Letters under South Carolina Law in the Wake of Harleysville Group Insurance v....

The South Carolina Supreme Court recently took a firm stance on what constitutes a sufficient reservation of rights letter in Harleysville Group Insurance v. Heritage Communities, Inc., et al., — S.E.2d — , No. 2013-001281,...more

Rhode Island Supreme Court Rules That Despite Deference Afforded Arbitrator, the Award Must Be Vacated Where Arbitrator’s Decision...

Nappa Constr. Mgmt., LLC v. Flynn, 2017 R.I. LEXIS 13 (R.I. Jan. 23, 2017) - Caroline and Vincent Flynn (the “Flynns”) contracted with Nappa Construction Management, LLC (“Nappa”) to construct an automobile repair...more

California Contractors Note CSLB’s “Easy-Fill” Forms And Fee Increases

The California Contractors State License Board (CSLB) recently announced that it has launched a series of interactive forms to help simplify the contractor license application process as well as the process that licensees are...more

Public-Private Partnerships in Puerto Rico - DLA Piper's handbook

Historically, there has been vigorous debate among the residents of Puerto Rico for and against the privatization of public property and public services. The public-private partnership (P3 or P3s) model established by the...more

Affordable Housing Bonus Program Takes Shape in San Francisco

The State Density Bonus law has been in effect for almost 40 years, but it has required a prolonged housing crisis to push San Francisco to adopt a local implementing ordinance. Last year the Board of Supervisors adopted the...more

Construction Lien Act reform and promptness of payment

On September 26, 2016, an expert review report titled, "Striking the Balance: Expert Review of Ontario's Construction Lien Act" (the Report) released findings on the problems associated with delinquent payments and the...more

Seventh Circuit Finds Faulty Work Not a Covered “Occurrence”

In Allied Prop. & Cas. Ins. Co. v. Metro North Condo. Ass’n, No. 16-1868, 2017 U.S. App. LEXIS 4107 (7th Cir. Mar. 8, 2017), the Seventh Circuit had occasion to consider whether claims of faulty workmanship could constitute...more

Hotels 101: Legal and Business Issues in Hotel Development and Ownership, a Beginner’s Guide [Video]

Carlton Fields presents a conversation between David W. Adams, Of Counsel, and Daniel Weede, Shareholder. It’s the goal of this podcast to give those who have never participated in the hospitality industry an introduction to...more

Under Construction - March 2017

Letter from the Editor - Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company. An issue that seems to commonly come up in cost-plus...more

East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems

The Town Board of the Town East Hampton (“Town Board”) is considering progressive new legislation that will require advanced nitrogen-reducing sanitary systems for all new commercial and residential construction and major...more

Construction Liens in Florida – The Timing and Manner of Perfection are Critical

Among the hottest and most relevant blog and article topics is the subject of construction liens. No matter the quantity or ubiquity of such articles, construction liens are and will always be among the most highly discussed...more

Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures

We’ve written before about the Right to Repair Act (Civil Code Sections 895 et seq.). The Act, also commonly known as SB 800 after the bill that established it, applies to newly constructed residential units including...more

Construction One-Minute Read: Trump Administration Increases Resources to Crack Down on Employers for I-9 Compliance

As part of his first-week initiatives, President Trump turned his focus toward immigration. These initiatives included dramatically expanding the resources of the U.S. Department of Homeland Security’s Immigration and Customs...more

Hot List – What’s Happening in the California Legislature 3/20-3/24

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Yellow is signalled

The second edition of FIDIC's Yellow Book (Conditions for Plant and Design Build) is due to be released in the coming months. It was pre-launched at the FIDIC annual conference in December, and review of a "conference...more

Safeguarding mental health: essential for your construction workers, good for your business

The UK's mental health is currently under scrutiny with high profile dignitaries, businessmen and organisations all helping to raise awareness of the problems it can cause in the workplace. Many campaigners come from the...more

Federal Court in California Rules That the Federal Arbitration Act Preempts California Statute That Requires Arbitrations Relating...

Bell Prods. v. Hosp. Bldg. & Equip. Co., 2017 U.S. Dist. LEXIS 9183 (ND of Cal. Jan. 23, 2017) - A Contractor, Hospital Building and Equipment Company (“HBE”) entered into a subcontract with a mechanical subcontractor,...more

(US) Payment and Performance Bonds vs Completion Bonds. What’s Best for Your Project?

Several types of bonds exist in the development world. So, which type of bond is best for your project? A payment and performance bond is a combination instrument. It’s first a payment bond that guarantees that the...more

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