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Construction Updates

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

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

Missouri Repeals Prevailing Wage Law In Government Contracting

by Jackson Lewis P.C. on

Missouri Governor Eric Greitens has signed into law legislation generally forbidding public entities from requiring union wage rates be paid on public construction projects. The legislation, signed into law on May 30,...more

Projects Disputes in Australia: Recent Cases

by Jones Day on

Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries. Below, we provide a summary. Some...more

Risk is More Than Just a Board Game: A Guide to Performance Bonds

by Faegre Baker Daniels on

Although other forms of security are possible to secure performance of a construction contract, corporate surety performance bonds remain the construction contract guarantee of choice for owners in both public and private...more

Owners Beware: Washington Appellate Court Holds Playing ‘Gotcha’ With Project Submittal Review Could Breach the Duty of Good Faith...

by Pepper Hamilton LLP on

Nova Contr., Inc. v. City of Olympia, No. 48644-0-II, 2017 Wash. App. LEXIS 913 (Ct. App. Apr. 18, 2017) - This case arose out of a public project in which the City of Olympia (“City”) hired Nova Contracting, Inc. (“Nova”)...more

Developer bonds and defect inspection regime postponed again

by Dentons on

The NSW Government has again postponed the commencement of the new developer bond and defect inspection regime under Part 11 of the Strata Schemes Management Act 2015 (Act). The regime was proclaimed to commence on 1 July...more

Private Wealth - Chambers Global Practice Guide

by DLA Piper on

Since 2012, the transaction and building activity in the major cities of Denmark has been steadily increasing, and in 2016 this activity rose to the record levels seen before the financial crisis. Prices have also reached...more

2017 and the West Virginia Legislature - The Year of the Employer

The 2017 regular session of the West Virginia Legislature saw several changes in laws relevant to employers. Changes of interest to employers include the West Virginia Safer Workplace Act, Second Chance for Employment Act,...more

Minnesota Legislature Modifies its Condominium Construction Defect Law

by Faegre Baker Daniels on

Condominium construction in Minnesota has dramatically slowed since its peak from 2003 through 2006. Most developers have elected to build apartments instead of condominiums. This imbalance has been partly driven by the...more

SB-30 and its Implications for Doing Public Work Construction for the State of California – Another Risk to Manage

by Snell & Wilmer on

Summary of SB-30 - Senate Bill 30 California-Mexico Border: Federally Funded Infrastructure (“SB-30”) was introduced on December 5, 2016 by Democrat Senator Ricardo Lara, who is its primary sponsor. SB-30 is an act to add...more

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