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Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 12, December 2022

Welcome to the 12th and final issue of the year for The Site Report. Top Three Construction Disputes and How to Avoid Them - Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they...more

Cozen O'Connor

New Virginia Law Prohibits Pay-If-Paid Clauses in Construction Contracts

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On April 27, 2022, Virginia Governor Glenn Youngkin signed Senate Bill 550 into law, amending a portion of the Virginia Prompt Payment Act and a component of the Virginia wage theft statute. Va. Code § 2.2-4354 and VA. Code §...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - Q1 2022

Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more

White & Case LLP

Managing construction risks in Asia-Pacific: Philippines

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The Philippines construction industry is expected to grow with the introduction of the "Build, Build, Build" initiative and the amendment of a number of laws that would loosen restrictions on foreign investment. The...more

TransPerfect Legal

Using Legal Technology to Navigate Complex Data in Construction Arbitration

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Technology is constantly evolving the construction and engineering industries. Recent trends include:   - Big Data – using historical big data to improve efficiency - Artificial Intelligence (AI) – leveraging automation to...more

ArentFox Schiff

The Effects of COVID-19 on Construction Project Completion and Mechanic Lien Filing Deadlines

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Over the past month, states and municipalities have been issuing stay-at-home orders to slow the spread of COVID-19. Depending upon the locality, certain types of construction projects have been deemed “essential” and...more

Eversheds Sutherland (US) LLP

COVID-19 checklist for real estate and construction projects

With each passing day, the number of COVID-19 cases continues to rise and jurisdictions across the world are working hard to contain the contagion. People are rightly concerned about the impact that COVID-19 will have on...more

White and Williams LLP

Northern District of Mississippi Finds That Non-Work Property Damages Are Not Subject to AIA’s Waiver of Subrogation Clause

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In recent months, the Northern District of Mississippi has grappled with how to interpret waivers of subrogation in American Institute of Architects (AIA) construction industry contracts and, specifically, how they apply to...more

Jones Day

Australia: Adjudicators’ Security of Payment Determinations Not Reviewable for Errors of Law

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The Situation: The High Court of Australia has, for the first time, confirmed that determinations by adjudicators appointed under security of payment legislation are not reviewable for errors of law alone. The Result: The...more

Pillsbury - Gravel2Gavel Construction & Real...

Prime Contractors Take Note of New California Law Imposing Liability for Subcontractors’ Employees’ Unpaid Wages

California is imposing greater responsibilities on prime contractors for nonpayment of wages and benefits by their subcontractors. On October 14, Governor Jerry Brown signed into law Assembly Bill 1701 (Thurmond), adding...more

Dorsey & Whitney LLP

Avoiding the Storm After the Storm - 10 Things the Construction Industry Should Do Right Now to Move Projects Forward After Harvey...

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Hurricanes Harvey and Irma once again have forced the construction industry to focus on best practices for responding to force majeure events. Now is the time to put into action an effective recovery plan with the aim of...more

Bradley Arant Boult Cummings LLP

Obama Trumped? Top Five Trump Targets Among Obama’s Executive Orders

The election of Donald Trump will significantly affect companies that contract with the federal government. Trump’s business background and campaign promises suggest many upcoming changes in the way the federal government...more

Carlton Fields

Subcontractor Exception Torpedoes Insurers’ Defense To Faulty Workmanship Claim

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As this blog has reported, a line of cases deciding coverage disputes over faulty workmanship runs against (or, at least, around) a basic rule for interpreting insurance policies. Under that rule, the scope of coverage is...more

Proskauer - Corporate Defense and Disputes

Louis Berger International Pays $17 Million Penalty for FCPA Violation

On July 17, 2015, Louis Berger International, Inc., a New Jersey-based construction management company, entered into a deferred prosecution agreement (DPA) with the Department of Justice under which it agreed to pay a $17.1...more

Allen Matkins

Allen Matkins/UCLA Anderson Forecast Winter/Spring 2015: It's a Perfect Storm for California's Commercial Real Estate Market

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California commercial real estate is booming once again. During the past six months the average value of newly issued permits for non-residential construction after adjusting for inflation was the highest it had been since...more

Carlton Fields

Fifth Circuit Holding Breathes Life Back Into the Contractual Liability Exclusion

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Liability insurance policies typically exclude coverage for obligations arising out of the insured’s “assumption of liability in a contract or agreement.” Earlier this year, the Texas Supreme Court took a narrow view of this...more

Levenfeld Pearlstein, LLC

10 Development Due Diligence Considerations

New development projects are on the rise again. Here is a quick checklist of 10 issues to consider before getting started on any development project...more

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