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Confirmation That the Limitation Period for 'Building Actions' is 10 Years, Not Six

The recent Victorian Court of Appeal decision of Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd [2014] VSCA 165 (Brirek Case) has settled the appropriate time period, at least in Victoria, in which a...more

The Construction Advantage – Issue 6

In our sixth issue of The Construction Advantage, we provide you with an all New England edition, focusing on the increased employment in the construction sector in Maine, a large court award related to the Big Dig, and the...more

Oil & Gas, Mines & Minerals – Security under the Alberta Builders’ Lien Act

When registered in accordance with the Alberta Builders’ Lien Act (BLA), a builders’ lien provides security for unpaid contractors, labourers and suppliers who have “improved” lands. This includes those providing materials or...more

More Legal Developments for the Construction Industry in the Southeast

Alabama - The Alabama Supreme Court reversed itself and concluded that faulty workmanship can constitute an “occurrence” under a commercial general liability insurance policy which triggers coverage for the insured. In a...more

Iowa Court of Appeals Rejects Argument to Impose Implied Warranty upon Land Developers

On April 16, 2014, land developers and sellers breathed a sigh of relief after the Iowa Court of Appeals ruled that a purchaser of a residential building lot cannot sue the land developer for perceived deficiencies with the...more

Construction & Land Use Newsletter - June 2014

In This Issue: - Out of State... Out of Mind? Ensuring that Local and Out-of State Construction Companies Play by the Same Rules - Look! Up in the Sky! It’s a... Plane!: Proposed FAA Policy Could Affect...more

Managing Construction Risks: Strategies to avoid the Unexpected

Construction of Tenant Improvements and Alterations carry an inherent risk. There are several key issues a tenant may want to consider, including the following: - Permitting –Leases typically put two (2) construction...more

Pennsylvania’s City Revitalization and Improvement Zone (“CRIZ”)

Purpose of the CRIZ Program - Act 52 of 2013 created the City Revitalization and Improvement Zone (“CRIZ”) Program. The purpose of this program is stimulate economic development and job creation in Pennsylvania's...more

Developers Beware – Court of Appeal Clarifies the Effect of a Breach of the Sale of Land Act

In Barker v Midstyle Nominees Pty Ltd [2014] WASCA 75, the West Australian Court of Appeal has considered the legal consequences of a developer entering into off the plan contracts in breach of Section 13 of the Sale of Land...more

Construction & Land Use Newsletter - December 2013

In This Issue: - Five Major Terms Construction Contractors Need to Worry About - Handshakes to Hashtags: The Evolution of Deal-Making in the Construction Industry - Searching for the Escape Hatch: The...more

Changes of Note to Lenders From the 2013 Legislative Long Session

During the 2013 legislative session, several new laws were passed which directly affect the banking and financial services industries. While most of these changes are relatively minor, they are certainly worth noting. Below...more

Who’s On First? Secured Party Not a Third-Party Beneficiary Under Improvement Agreements

It’s fairly common, particularly for new developments on previously undeveloped property, for public entities to require that the developer agree to construct, install or pay for improvements such as roads, sewage, storm...more

Lenders Versus Mechanics’ Liens in West Virginia: A Question of Priorities

Finally! After days, weeks, sometimes even months of waiting, you as the lending officer received approval from corporate that underwriting has just approved your borrower and you can proceed with the term sheet. Time to put...more

Construction & Land Use Newsletter - Volume 5, Issue 3 - September 2013

In This Issue: - When Do Virginia Contractors Need a License? - Newberry Station: Political Contributions & Political Realities - Excerpt from Newberry Station: Political Contributions & Political Realities:...more

Major New Jersey Economic Incentive Legislation Advances

Legislation that will significantly expand economic development incentive programs will soon become law. The legislation merges five existing economic development incentive programs into two economic development incentive...more

When Do Virginia Contractors Need a License?

The question of exactly what triggers a requirement for a contractor’s license comes up frequently in my practice. Like many other things in the law, the answer is not particularly clear and can be somewhat circular. Still,...more

Amendments to Pennsylvania’s Uniform Condominium Act and Uniform Planned Communities Act

Recently, Pennsylvania Governor Tom Corbett signed into law House Bill 1122 (the "Amendment"), which amends the Uniform Condominium Act and the Uniform Planned Community Act (together the "Acts") by extending the time period...more

New Jersey Board of Public Utilities Rejects Agreement on Offshore Wind Project

On July 19, 2013, the New Jersey Board of Utilities (the Board) rejected a stipulated agreement that would have allowed New Jersey’s first offshore wind energy project to move forward. The Board’s failure to approve the...more

The Construct - Your Guide to Law in the Construction Industry - June 2013

In This Issue: - Simplifying the Mechanic's Lien Agent Process: NC's New Online Clearinghouse - The Complexities of Mechanic's Liens in West Virginia - I Did The Work -- Where Is My Check? - So, You're Having...more

Unwelcome Outcomes For Organisations That Fail To Take Into Account Climate Legal Risk (Australia)

We recently provided a client update on the Queensland Planning and Environment Court decision of Rainbow Shores P/L v Gympie Regional Council & Ors1 (view here). The decision in Rainbow Shores provides an example of what...more

Construction & Land Use Newsletter - June 2013

In This Issue: - Lien Filing Update: Virginia Mechanic’s Liens Get Even Harder - Arlington County Reconsiders Parking Ratios for Commercial Site Plans - Zoning Ordinance Revisions Affecting Arlington...more

2013 Maryland General Assembly Passes Bills Affecting Construction Industry

A number of bills were passed during the Maryland General Assembly's 2013 legislative session that will impact certain sectors of the construction industry. Ober|Kaler has put together brief summaries of certain bills from...more

TRANSACTIONAL: Bankruptcy: Contractor Insolvency Issues in Large Project Transactions

An issue that is often overlooked, but should be considered in the context of large project transactions, is the potential insolvency of contractors and subcontractors. A bankruptcy proceeding involving a key contractor can...more

Simplifying the Mechanic's Lien Agent Process: N.C.'s New Online Clearinghouse

As I have discussed in the past, North Carolina’s General Assembly recently introduced the concept of Mechanic’s Lien Agent (MLA) into our state’s lien laws to address so-called “hidden liens” that have long been a thorn in...more

Construction & Land Use Newsletter - March 2013

In This Issue: - Complete Overhaul of Arlington County Zoning Ordinance - Construction Contracts: Avoiding Clashes and Irreconcilable Differences - Proposed Update to Arlington County’s Noise Control...more

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