Construction Updates

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.
News & Analysis as of

Legal issues for those running construction businesses

Insolvency issues - A review of the corporate insolvency regime: our Insolvency team recently responded to the government consultation on options for reform of the UK's corporate insolvency regime. It wants the UK to...more

UK construction industry news: our contracts, industry and regulatory round-up

Our construction news round-up includes our pick of industry news from the last three or four months as well as a range of contractual and regulatory issues that affect UK construction businesses....more

Resolving UK construction disputes – our round-up of practice and procedure

Our latest Resolving Construction Disputes newsletter reviews a broad range of litigation, alternative and international dispute resolution developments and is aimed at in-house lawyers in the construction industry....more

New York Court of Appeals Finds Question of Fact Where Plaintiff Sustained Electric Shock and Fell From Ladder

In Nazario v 222 Broadway, LLC, 2016 N.Y. LEXIS 3534 (N.Y. Nov. 21, 2016), plaintiff was performing electrical work as part of a retrofitting or renovation, and was reaching up while standing on the third or fourth rung of a...more

Construction One-Minute Read: Carefully Crafting Internal Reports

Contractors often prepare internal investigative reports concerning situations that could lead to future litigation. Like most other internal business records, internal reports are discoverable in litigation. Once disclosed...more

An update on payment issues on UK construction projects

Our Autumn 2016 update includes news on the Prompt Payment Code and the Construction Supply Chain Payment Charter as well as some guidance on the use of payment schedules....more

New Pre-Action Protocol for Construction and Engineering Disputes

The Pre-Action Protocol for Construction and Engineering Disputes (PAP) was introduced to encourage disputing parties to exchange information and meet to discuss, and hopefully narrow, the issues before starting court...more

https://www.dlapiper.com/en/us/insights/publications/2016/11/real-news-autumn-2016/

Today the internet could not be more central to everything we do. It is a prime example of the impact of technology on our lives and the best illustration that we ignore technology at our peril. That applies to the old...more

Brexit round-up (construction focus)

It's been five months since the UK voted to leave the EU. Whichever way you look at the vote's after-effects, whether in economic, political, legal or constitutional terms, we are entrenched in a period of uncertainty – a...more

How to enforce adjudication decisions and deal with insolvency

Adjudications on the increase - Anecdotal evidence suggests that adjudications are still on the increase. This increase is supported by the statistics in the Adjudication Society's 15th report, which shows a 5 per cent...more

Tokyo Dispute Resolution & Crisis Management Newsletter – November 2016

Negotiating An In-Project Construction Dispute - Introduction - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the...more

Modern slavery - an update and reminder about annual slavery and human trafficking statements

You might have missed "#AntiSlaveryDay" on 18 October but its very existence and the number of social media posts it generated are positive signs of the growing awareness of modern slavery as a global issue. Here in the UK,...more

Code Orange Moving to Green: New Building Code for Construction Sector

The passing of the Registered Organisations Bill on by the Senate on Tuesday 22 November 2016 and the passage of the Building and Construction Industry (Improving Productivity) Bill (ABCC Bill) on 30 November 2016 following...more

Cal CSLB Registrar of Contractors and Chief Deputy Registrar Announce Pending Retirement

On November 29, the California Contractors State License Board (CSLB) issued an Industry Bulletin via email announcing that Cindi A. Christenson, the CSLB’s current Registrar of Contractors, will be retiring effective May 1,...more

Court rejects contractor’s mechanic’s lien because of ‘intent’

The Illinois Court of Appeals’ recent decision in AUI Construction Group, LLC v. Vaessen highlights the need for careful planning in structuring development agreements, construction contracts, and the use of an easement as...more

Court Grants Default Judgment Confirming Arbitration Award, With A Lesson On Jurisdiction

Choice Hotels filed an application to confirm an arbitration award of over $247,000 for the alleged breach of a franchise agreement by two defendants, which failed to timely commence construction of a hotel. The defendants...more

Montana Supreme Court Holds Co-Insurer Breached Duty to Defend

In its recent decision in J & C Moodie Properties, LLC v. Deck, 2016 MT 301 (Mont. Nov. 22, 2016), the Supreme Court of Montana had occasion to consider what constitutes a breach of an insurer’s duty to defend in a...more

Construction Contract Clauses Only a Grinch Would Love – Part 4

Scope, time and cost provisions may be the most important clauses in your construction contract but they’re not the only ones which can impact your bottom line. The fourth and final part in a multi-part series, here are some...more

West Coast Real Estate Update: November 2016 #3

Owners, Developers Face Challenges Converting Parking to E-Commerce Delivery Space - Because millennials make up an increasing number of urban residents, owners and developers of apartment and condominium buildings are...more

Charter Cities: No Longer an Oasis From CA Prevailing Wage

The Number of Charter Cities Exempt from Prevailing Wage Has Dropped from 52 to Almost None in Less Than Two Years - A charter city is a city that governs itself by adopting a "charter" - sort of a municipal...more

Las colaboraciones público-privadas (P3) siguen ganando ímpetu

Si bien el modelo de colaboración público-privada (Public-Private Partnerships, P3) se usó para brindar la mayor parte de la infraestructura y los servicios hasta principios del siglo XX, en las últimas décadas, se vieron...more

Wow! OSHA Releases Massive Rule Updating General Industry Standards on Walking-Working Surfaces

Seyfarth Synopsis: Despite Congressional direction to the contrary, OSHA just adopted a significant 500+ page final rule on industry, and only provided employers sixty days to comply! Despite a Congressional “request”...more

Illinois Appellate Court Ruling Has Far-Reaching Implications for Construction Participants in Wind Energy Projects

A landmark opinion issued by the Second District Illinois Appellate Court on November 9, 2016, contains vital information for construction industry participants involved in Illinois wind energy projects. In AUI Construction...more

Illinois Appellate Court Ruling Provides (Another) Reason to Double-Check Your Payment Clauses

A recent ruling out of the First District Illinois Appellate Court makes one thing clear: contractors and subcontractors should pay close attention to payment clauses on all contract forms. In Beal Bank Nevada v. Northshore...more

Public Private Partnerships across the GCC – taking stock

Many long-term observers of the public private partnership (PPP) market in the GCC have developed a healthy degree of scepticism over the years. Too many false dawns have unsurprisingly led them to believe that the PPP model...more

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