Most contract negotiations boil down to several key terms. For construction contractors, these are five critical items that you need to carefully consider and negotiate in each of your agreements....more
As we predicted in October, the United States Supreme Court has issued a unanimous decision upholding a general contractor’s ability to require its subcontractors to litigate disputes in the state or federal court of its...more
The OFCCP has released its semiannual regulatory agenda, in which the agency discusses the issues it plans to address in 2014. According to the agenda, the OFCCP will be issuing proposed rules on pay data collection, revised...more
Ask anyone who has several years of experience in construction if they ever engaged in a handshake deal and the answer will be a resounding “yes.” For those unfamiliar with the term, a handshake deal is essentially a verbal...more
Approximately 2,000 bills were introduced in the California State Legislature during the 2013-2014 legislative session. Of these, 896 bills made it to Governor Brown’s desk and 800 were signed into law....more
Nearly every estimate submitted on behalf of a Texas building owner for the replacement of a commercial roof includes the same last two line items...
Originally published in Texas Law360 on December 2, 2013....more
After the revelations of corruption and collusion in the awarding of public contracts in the construction industry, most notably heard at the Charbonneau inquiry, the Government of Quebec announced its intention to table a...more
Occasionally, old news is new news. The topic of notice by subcontractors and suppliers to preserve their lien and bond payment rights is discussed more often than may be necessary, but inattention or carelessness in regard...more
In This Issue:
- Contractor Alert: Help Available for Small Businesses in the HUB Zone Program:
Recognizing that our country -- our "team," if you will -- is stronger when all our players are on the field and...more
Construction mediator Christopher Hill, LEED AP discusses the expense of construction litigation and alternatives to that process.
Construction litigation is an expensive proposition that is generally unplanned for in any...more
Virginia construction attorney, Christopher Hill, discusses his thoughts on construction lawyers and necessary evils at Construction Law Musings. Construction attorneys can be a helpful resource to contractors and...more
Governor Brown signed into law Senate Bill 743 (“SB 743”) on September 27, 2013. The bill amends the Public Resources Code to streamline the environmental review for the new downtown arena in Sacramento and eliminate...more
A few years ago, when condo developers began requiring significant up-front deposits from buyers prior to the finish of a project, it was a work-around for a lack of financing in the market.
In the last year, lenders...more
A variety of standardized contracts exist for construction projects. The most widely used form agreements are published by the American Institute of Architects (AIA), the Association of General Contractors (AGC) and the...more
In This Issue:
QnA with the JAMS Global Engineering and Construction Group; Engineering Mediations for Success; Who's in charge of this arbitration anyways?; and Notices & Events.
Excerpt from QnA with the JAMS...more
In HM DG, Inc. v. Amini, Case No. B242540 (September 20, 2013), general contractor HM DG, Inc. (“HMDG”) sued homeowners Farzad Etemad Amini and Pouneh Beizai in the Superior Court after they weren’t paid.
What do a church, comedy club and bingo parlor have in common? It turns out, construction. To be more specific, a lot of electrical work. It starts with the recent decision of the South Carolina Court of Appeals in Boykin...more
The ability of the states to impose a tax upon transactions occurring on an Indian reservation has evolved substantially in the past 50 years. After numerous court decisions, the Indian preemption...more
In This Issue:
- Burr Appellate Victory Featured in Constructor Magazine
- Fifth Circuit Expected to Soon Rule on Constitutionality of Mississippi’s Stop Notice Statute
- No Choice in the Matter
On September 30, 2013, the United States District Court for the District of Maryland issued its decision in PPL Energyplus, LLC v. Nazarian. The case has been watched by many for its potential implications with respect to...more
For decades, contractors and consultants have been giving collateral warranties to relevant third parties on UK construction projects. However, in a recent unexpected development, in the case of Parkwood Leisure Limited v...more
The IRS has released additional guidance (IRS Notice 2013-60) on satisfying the new “beginning of construction” requirement for the renewable energy production tax credit under Code Section 45 (PTC) and energy investment tax...more
On September 20, 2013, the U.S. Department of the Treasury (“Treasury”) released Notice 2013-60, which clarifies in important ways the eligibility rules applicable to the investment tax credit (“ITC”) and production tax...more
On September 20, 2013, the IRS released Notice 2013-60, which clarified Notice 2013-29. Each Notice addresses the requirement that construction of a qualified facility must begin before January 1, 2014, in order to be...more
Production tax credits ("PTCs") are available for wind, biomass, geothermal, landfill gas, trash, hydropower, and marine and hydrokinetic facilities, if construction of the facility begins before January 1, 2014....more