Construction Updates

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

Illinois Appellate Court Affirms a Declaratory Judgment in Favor of the Insurer Where the Underlying Suit Did Not Allege an...

In Westfield Ins. Co. v. West Van Buren, LLC, the Appellate Court of Illinois, affirmed the trial court’s decision holding that the developer, West Van Buren, LLC (“Van Buren”), was not entitled to defense and indemnification...more

Status of Public Private Partnerships in Texas

In recent years, the state of Texas jumped headlong into public-private partnerships in a variety of different arenas. Often called PPP, 3P or P3, this delivery method has rapidly become the go-to avenue for delivering...more

3D Printing Quarterly Report: Q3 - 2016

Study offers plan to make Northeast Ohio region the Silicon Valley of 3D printing - A report from the Youngstown Business Incubator and America Makes in Youngstown and Team NEO and Magnet in Cleveland offers a plan to...more

California Debt Limit Allocation Committee Releases Proposed Regulations

This client alert discusses some of the more significant changes that could affect issuers and borrowers in connection with awards of volume cap if the proposed regulations were adopted in their current form. The...more

Fair Pay and Safe Workplaces Rules ‘Misguided,’ ‘Unlawful’ and Must be Blocked, Says Texas Lawsuit – TRO Hearing Scheduled for...

Several large construction and security industry groups have filed a lawsuit in the U.S. District Court for the Eastern District of Texas to block the heavily criticized Fair Pay and Safe Workplaces Executive Order 13673 and...more

District Court Refuses To Bind Surety To Subcontract Arbitration Clause

An engineering company was hired to perform work in connection with construction and renovation of the South African Embassy, and subcontracted for sheet metal work with a third party. The subcontract contained an arbitration...more

CSST Found to Be Ordinary Building Material under Virginia’s Statute of Repose – For a Second Time

In a recent decision, the Circuit Court for Spotsylvania County, Virginia, found that OmegaFlex, a manufacturer of corrugated stainless steel tubing (CSST), which is used in residential gas supply systems, was entitled to the...more

SOPA takes a backseat: The role of cross-demands in setting aside statutory demands issued pursuant to judgments made in terms of...

The High Court has ruled that a statutory demand based on a judgment pursuant to an adjudication determination made under the Building and Construction Industry Security of Payment Act (SOPA) can be set aside on the ground...more

The ILSA Condo Exemption – Not Out of the Woods Yet

The Interstate Land Sales Full Disclosure Act (ILSA) is a federal statute that aims to prevent land sales fraud and uninformed purchases of unimproved real property by requiring registration of subdivisions with the Consumer...more

Another First: CA Prevailing Wage Law Expanded to Cover Material Suppliers

AB 219 Expands Prevailing Wage To Include Deliveries of Ready-Mix Concrete - Since the 1930s, prevailing wages have applied only to construction work, not to the manufacture or delivery of construction supplies....more

CSLB’s Military Application Assistance Program

Who knew? I didn’t. Military Applicants, with Proper Forms, Move to Front of Line for Contractor License Processing - SACRAMENTO – The Contractors State License Board (CSLB) salutes U.S. military personnel for their...more

Premises Liability

Victor M. Regalado v. Jeffrey M. Callaghan - Court of Appeal, Fourth Appellate District (September 22, 2016) - Generally, when employees of independent contractors are injured in the workplace, they cannot sue the...more

Summer Tendering Update: Reasonable Expectations and Negative Contingencies

A recent decision from the Alberta Court of Queen’s Bench and Court of Appeal in Elan Construction considered and clarified two aspects of tendering law....more

What I Learned from My Kids About Delay Claims

This past week, I came to a complete mess in our backyard—it was littered with debris, trash, plates and utensils, and overturn patio furniture. My instruction to the kids yesterday morning was stern: “Clean up this mess by...more

California Coastal Act Takes Priority Over Housing Density Laws

Court Decision Provides Guidance for Affordable Housing Units within the Coastal Zone - The Second District Court of Appeal recently held that local agencies may be required to grant affordable housing density bonuses...more

Non-delegable duties of architects and main contractors in construction claims - A case study of MCST Plan No. 3322 v Tiong Aik...

In MCST Plan No. 3322 v Tiong Aik Construction Pte Ltd and Another [2016] SGCA 40, the Singapore Court of Appeal (CA) held that architects and main contractors are not subject to a non-delegable duty in tort to ensure that...more

OFCCP expands Mega Construction Project Program

The Bureau of Labor Statistics projects that employment in construction and extraction occupations will grow 10 percent from 2014 to 2024 – increasing from 6.5 million to 7.2 million jobs – the biggest increase in any...more

Pennsylvania is Back on the Clock with the Development Permit Extension Act

A government-approved “time-out” on commercial and residential development in Pennsylvania is ending, and could lead to a surge of development throughout the state. The sluggish economy of the recent recession spurred...more

Nevada Supreme Court Ruling Means Additional Liability for Owners, Contractors and Subcontractors

In a decision that will affect owners, contractors and subcontractors, the Nevada Supreme Court, in Cashman Equip. Co. v. W. Edna Assoc., Ltd, recently held that an unconditional release is void if the check does not clear...more

Energy Newsletter - October 2016

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

Renewable Energy Update - October 2016

Renewable Energy Focus - Power companies join EIM to save money, integrate renewables - Solar Industry Magazine - Oct 4 - After months of intensive testing, Phoenix-based Arizona Public Service (APS) and...more

Employment Law Letter - Fall 2016

Connecticut’s system of workers compensation has been in place for over a century with few major changes, and yet it seems we keep coming up with unique circumstances that raise new questions. We’d be surprised if our readers...more

UK Construction on the up whilst global property investment fall for the first time in 7 years

The UK’s construction industry surprisingly returned to growth in September buoying arguments that the UK economy has bounced back from the initial Brexit shockwaves. The Markit/ CIPS UK Construction Purchasing Managers’...more

West Coast Real Estate Update: October 2016

California Coastal Act Blocks Housing Project in Venice Despite Earlier Approvals - Judge James C. Chalfant of the California Court of Appeal on Sept. 29, 2016, affirmed a lower court ruling denying a developer’s...more

The Oman Update – October 2016

Regulations for registration of company trade names - Ministerial Decision No. 124/2016 came into force on 27 April 2016 and, in summary, prohibits the registration of company names that:...more

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