Construction Site

News & Analysis as of

Bats, Water, Soil, and Bridges- an Engineer’s dream

Want to know how bats may effect your engineering plans? Want to hear about cool new bridges? Read on. Over the past month, I’ve had the pleasure of attending two events hosted by the North Carolina Chapter of the...more

Q&A: Land Remediation - What You Need to Know

Whether it’s for condos, office buildings or industrial properties, raw land is becoming more and more scarce in Miami. That means land remediation is becoming a bigger issue. It also means developers have to face new...more

CEQA Lead Agencies Do Not Waive Defense that CEQA Did Not Apply Despite Proceeding under CEQA

Recently, the court in Rominger v. County of Colusa found that a lead agency which approved a mitigated negative declaration for a project, can take the seemingly inconsistent position that the proposed project was not a...more

Saskatchewan Prime Contractor Regulations Coming into Force January 1, 2015

On January 1, 2015, The Occupational Health and Safety (Prime Contractor) Regulations will come into force in Saskatchewan (the Prime Contractor Regulations). If you are doing business in Saskatchewan, you should...more

No Damage for Delay Clauses Have Limits on Louisiana Public Works Projects

The Louisiana Public Works Act prohibits “no damage for delay” clauses in contracts for publicly bid projects. Recently, the State of Louisiana tested the boundaries of that prohibition by including a provision in a public...more

Illinois Court Holds Insurer Estopped from Relying on Coverage Defenses

In its recent decision in Mt. Hawley Ins. Co v. Certain Underwriters at Lloyd’s, 2014 Ill. App. LEXIS 655 (Ill. App. Ct. Sept. 9, 2014), the Appellate Court of Illinois, First District, had occasion to consider whether...more

Insurance Recovery Law -- Oct 2014

Lack of Direct Contractual Relationship Doesn’t Doom Coverage - Why it matters: The companies involved in a workplace accident are additional insureds pursuant to a sub-subcontractor’s policy and the insurer...more

Decree “Sblocca Italia”: News On The Matter Of Lease

Following its publication in the Official Gazette on September 13, 2014, the Law Decree September 12, 2014 no. 133 “Urgent actions for the opening of construction sites, the realization of public infrastructures, the digital...more

Federal OSHA Proposes to Take Over Enforcement of Construction Standards in Arizona

On August 21, 2014, the federal Occupational Safety and Health Administration (OSHA) proposed to revoke its approval of Arizona’s state occupational health and safety plan with respect to construction. If OSHA follows through...more

IRS Clarifies and Expands "Beginning Construction" Tests for Production Tax Credit and Investment Tax Credit

In 2013, the Internal Revenue Service established two “beginning construction” tests – a physical work test and a 5% safe harbor test – to determine eligibility for the production tax credit (PTC) and investment tax credit...more

Talk is Cheap – Promises to Pay Are a Poor Substitute for Adherence to Contractual Notice Provisions

A recent Wyoming case – JEM Contracting, Inc. v. Morrison – Maierle, Inc. – serves as a reminder to contractors and subcontractors of the importance of following the contractual requirements for notice when differing site...more

IRS Finally Releases Clarifications to PTC “Start of Construction” Guidance

On Friday, the Internal Revenue Service (IRS) issued Notice 2014-46, which clarifies the rules for a wind project to be deemed to have started construction in 2013 as is necessary to be eligible for production tax credits...more

Alabama Joins Recent Trend of States Finding Defective Work May Be Covered Under a Commercial General Liability Policy

The Supreme Court of Alabama recently held in Owners Ins. Co. v. Jim Carr Homebuilder, LLC that a contractor’s commercial general liability (“CGL”) policy provided coverage for property damage caused by the defective work of...more

Ministry of Labour sued for hiring allegedly incompetent inspector

The Ontario Ministry of Labour is facing a negligence suit by the lone survivor of the Christmas Eve, 2009 scaffold collapse that resulted in Metron Construction being fined $750,000.00 for safety violations....more

Changes Made to the Pennsylvania Mechanics’ Lien Law to Protect Holders of Open-End Mortgages and Residential Property Owners

Mechanics’ liens grant contractors and subcontractors an interest in improvements made to real property to secure the payment obligations of owners to contractors, and of contractors to subcontractors. While these liens...more

Alabama Supreme Court Reverses Course, Finds Insurance Coverage for Faulty Workmanship Claims

Companies such as homebuilders, construction companies and contractors face significant financial risk from bodily injury and property damage claims arising from allegedly faulty workmanship or construction defects. Although...more

Building Confidence: Consult an Attorney Before Starting the Construction Process

With high-end residential construction again on the rise in Southwest Florida, owners, contractors, subcontractors, design professionals and others should be proactive and mindful of the various statutory requirements and...more

The Alabama Supreme Court Changes Its Mind on Coverage Under CGL Policy

Last September the Alabama Supreme Court issued an opinion addressing the applicability of the “own work” exclusion to claims against a contractor for defective construction. However, on March 28, 2014, the Alabama Supreme...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

Illinois Court Holds Insured Cannot Deselect Insurer In Connection With Underlying Settlement

In its recent decision in AMCO Ins. Co. v. Cincinnati Ins. Co., 2014 Ill. App. LEXIS 296 (May 5, 2014), the Appellate Court of Illinois, First District, had occasion to consider whether an insurer selected by an insured’s...more

EPA Revises Construction And Development Stormwater

In March, EPA published a new Final Rule that revised a 2009 Final Rule addressing stormwater discharges from its Construction and Development (C&D) point source category. The March revision withdrew the numeric turbidity...more

Federal Circuit’s Metcalf Decision a Big Win for Contractors

In a recent decision, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) the supervising court for the Court of Federal Claims and the Boards of Contract Appeals, among others) clarified important legal principles...more

Finally - A Different Result for a Government Contractor's Differing Site Condition Claim

For any government contractor that has had a differing site condition claim denied despite relying on a government geotechnical report about the subsurface conditions of the project site, the U.S. Court of Appeals for the...more

Construction and Land Use Newsletter - March 2014

Please see full newsletter below for more information. - Lorton Landfill Dispute Nearing Board of Supervisors’ Review - I Know My (Vested) Rights! Developing a Project in a Changing Climate - Excerpt from...more

EPA Requiring Best Practices at Construction Sites to Control Erosion

The EPA published a final rule on March 6th that clarifies the requirements for the construction industry to use best management practices (BMPs) to control stormwater and minimize soil erosion and pollutant discharges. The...more

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