News & Analysis as of

Construction Industry

The Eclipse, Worker Safety and Triffids.

by Fisher Phillips on

The Eclipse, Workers Safety and Triffids. Tomorrow is the much-awaited Eclipse and employers are beginning to worry that they may not have taken all appropriate steps to protect their employees. Shockingly, OSHA does not...more

Claim Barred by Florida's Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read The Construction...

Claim professionals are often reminded that even the most meritorious claim is worthless if not filed within the applicable statute of limitations or statute of repose. In the world of construction defect claims, Florida law...more

North Carolina Governor Signs Law Creating Division to Investigate and Prosecute Employee Misclassification Claims

In 2015, a Raleigh newspaper ran a series of investigative articles focused on construction industry members that classified a large portion of their workers as independent contractors instead of employees. The articles...more

5th Circuit Asked to Review ALJ Decision to Vacate “Controlling Employer” Doctrine Citation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As expected, OSHA has appealed an ALJ ruling that severely limits OSHA’s “controlling employer” enforcement policy. Acosta v. Hensel Phelps Constr. Co., No. 17-60543 (5th Cir. 8/4/17)....more

Denver City Council Approves Great Hall Project Development Agreement

by Nossaman LLP on

In the early hours of August 15, 2017, the Denver City Council approved a $1.8 billion development agreement between the City and County of Denver’s Department of Aviation and Denver Great Hall, LLC, a consortium led by...more

Ontario Court Upholds Ruling Reducing Exaggerated Lien

The Ontario Superior Court of Justice (Divisional Court) recently released its decision in HMI Construction Inc. v. Index Energy Mills Road Corp., upholding a motion decision that reduces the security required to vacate liens...more

OSHA and Workplace Violence: What Contractors Need to Know

Although most contractors go to great lengths to promote jobsite safety, the fatal injury rate in the construction industry – which employs almost 6.5 million people – still exceeds that of any other U.S. industry. The...more

New Requirements for Planned Developments in Chicago

by Foley & Lardner LLP on

Yesterday, Mayor Rahm Emanuel issued an executive order requiring all applicants seeking Planned Development (PD) approval to report intended and actual employment of Minority and Women-Owned Business Enterprises (M/WBEs) as...more

Breaking news in NSW planning law - Greater Sydney and Wollongong Councillors to be excluded from all development decisions, and...

by Dentons on

The Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017 (NSW) (the Local Planning Panel Act) and the Environmental Planning and Assessment Amendment (Staged...more

Connecticut Appellate Court Holds That Owner’s Loss in Arbitration to General Contractor on Claims of Defective Work Operates as...

by Pepper Hamilton LLP on

Girolametti v. Michael Horton Assoc., 2017 Conn. App. Lexis 228 (June 6, 2017) - A General Contractor brought claims for unpaid added work, via mandatory arbitration, against a building owner who asserted defective work...more

When is an Unforeseen Condition a “Differing Site Condition”?

by Gray Reed & McGraw on

Many construction contracts contain some version of a “differing site conditions” clause. It is found in the current version of AIA’s A201 general conditions, as well as in the EJCDC equivalent. It also appears in most...more

Arrested Development? After year of defeating development, could LI be the ‘Land of No’ no longer?

by Farrell Fritz, P.C. on

This Long Island Business News Article quotes Farrel Fritz' Attorney Anthony Guardino. Long Island has long been a tapestry of small towns from Manhasset to Montauk, with local regulations that seem designed to help keep...more

Legislature Authorizes, But Limits, Water and Sewer Impact Fees

by Smith Anderson on

Controversy and litigation have erupted in North Carolina in recent years with regard to water and sewer impact fees levied by cities and counties on new real estate development. The fees are authorized in "local bill" State...more

Lease-Leaseback Battle Continues as First District Court of Appeals Sides with Contractor and School District

Earlier, we wrote about Davis v. Fresno United School District (2015) 237 Cal.App.4th 261, a Fifth District California Court of Appeals decision that sent shock waves through the school construction industry and raised...more

After a House Fire: Restoring your Home Without Losing Your Mind.

June 25, 2015: Lighting struck the roof of our home. The firefighters arrived seven minutes after the 911 call. After 30 minutes, the fire was out, and we were soaked and without a home. Thirteen months later, we’re back in...more

New AIA 2017 Construction Contracts, Part II: General Conditions of the Contract

by Miller Canfield on

[This is Part II of a four-part series discussing the new AIA 2017 forms. Part I discussed the agreements between the Owner and Contractor (A101-2017 and A102-2017); Part III will discuss the Owner—Architect forms (B101-2017,...more

New Definition for Term "Completion" in Florida for Construction Defect Lawsuits

by Miller & Martin PLLC on

For those that perform work in Florida, the Florida legislature updated the law pertaining to when construction defect lawsuits must be brought. While the Statute of Limitations for construction defect cases is four years,...more

A new biodiversity regime for development in NSW: in a nutshell

by Dentons on

A new regime for biodiversity assessment will commence on 25 August 2017, changing the way in which biodiversity impacts are both assessed and addressed in the development and use of land throughout the State....more

SEQRA Permits Lead Agency To Remove Conditions from Conditional Declarations

by Farrell Fritz, P.C. on

Petitioners, residents and nearby occupants (“Petitioners”), commenced a hybrid Article 78 proceeding and declaratory judgment action against the Planning Board of the Village of Tuckahoe (“Board”) and others in Murphy v....more

Public, Private Must Link to Fund Project

by K&L Gates LLP on

There has been a recent flurry of activity by the Commonwealth regarding the planned construction and operations for the proposed Western Sydney Airport. Originally published in The Australian - August 11th, 2017....more

Cross claims, counterclaims and set-offs from another construction contract - Permissible in an adjudication?

by Dentons on

It is commonplace in our local building and construction market for the same parties to enter into multiple contracts for different projects. However, what happens if a main contractor has valid backcharges under Project A...more

Las P3 para el impacto social

by Bilzin Sumberg on

Las agencias gubernamentales en todos los niveles están recurriendo cada vez más a las colaboraciones público-privadas (public-private partnerships, P3) para la entrega de nueva infraestructura pública. Sin embargo, la...more

Project Documentation: The Bad Little Email That Got Produced

by Burr & Forman on

Believe it or not, there are always a wealth of emails and other documents produced in litigation that help “make the case” for the other side. Take, for the example, the e-mail I found in the files of one superintendent...more

Ontario's Construction Lien Act reform Modernization of old tools to secure payment

by Dentons on

On Wednesday May 31, 2017, Bill 142 An Act to Amend the Construction Lien Act (Bill 142) was introduced in the Legislative Assembly of Ontario. The changes incorporate the recommendations of a broad range of stakeholders...more

Supreme Court of Wyoming Strictly Interprets a Conditional Payment Provision to Trigger Payment Only After GC and All of its Subs...

by Pepper Hamilton LLP on

P&N Invs. v. Frontier Mall Assocs., 2017 Wyo. LEXIS 62 (Wyo. 2017) - This payment dispute arose over conditional language in a lease agreement between a mall and a restaurant operator. P&N Investments (“P&N”) leased space...more

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