Contractors

News & Analysis as of

The Construction Advantage – Issue 17

Welcome to the seventeenth edition of The Construction Advantage! In this issue, we bring you a recap of our recent networking event for women in construction and project development, Mike Bosse shares a housing market update...more

OSHA Announces New Rules for Confined Spaces (Effective August 3, 2015)

On May 4, 2015, the United States Occupational Safety and Health Administration (OSHA) published a new final rule in the Federal Register intended to increase protection for construction workers in confined spaces (e.g.,...more

Construction Corner: Preparing RFQs and RFPs for Design Services for Your School Construction Project

Last week, we discussed the requirements of the selection process for the architect of a state-assisted school construction project as well as the importance of procurement protocols for all projects regardless of the source...more

Michigan Court of Appeals Reverses Lower Court, Finds An Express Contract

The Michigan Court of Appeals recently reversed a lower court in a contractor-subcontractor dispute, requiring analysis of the contract and unjust enrichment doctrines. In the unpublished decision, Lawrence M. Clarke, Inc. v....more

Federal Court Determines that General Contractor’s Unreasonable Exercise of its Broad Discretion over Scheduling and Sequencing of...

In a recent decision, Elec. Contractors, Inc. v. Fid. & Deposit Co. of Maryland, No. 3:13-CV-00514 MPS, 2015 WL 1444481 (D. Conn. Mar. 30, 2015), the United States District Court for the District of Connecticut dismissed on...more

Construction Case Law Update - May 2015

Contractor/Employee Injury Exclusion under Commercial General Liability Policy - After a worker suffered serious injury at construction site, insurer brought declaratory action seeking judgment that the...more

Letters of Intent: What Do They Really Do?

A construction project usually contains a web of contractual relationships, such as between owner-contractor, contractor-subcontractor, subcontractor-supplier, owner-architect, architect-engineer, and so forth. To make things...more

PHMSA Steps Up Review of Pipeline Construction

Enforcement Focus on 60-Day Notification Requirement - The Pipeline and Hazardous Materials Safety Administration (PHMSA) has stepped up enforcement efforts concerning pipeline and LNG terminal construction....more

Litigation Alert: "Texas Supreme Court Affirms Protection for Business Property Owners"

The Supreme Court of Texas, interpreting Chapter 95 of the Texas Civil Practices & Remedies Code, affirmed that business property owners have broad protections against suits for injuries claimed by contractors, subcontractors...more

Food for Thought – Ten Post ADCNC Construction Defect meeting comments on “the system” by CD practitioners

The process still works if everyone cooperates. That means plaintiffs, developers, subcontractors and insurance companies. A breakdown exists in the following areas: Plaintiffs are not being uniformly required to...more

Court of Appeals Ruling Favors Arbitration of Construction Defect Claims

Finally—there is some good news for developers and general contractors regarding condominium construction defect claims. In a decision issued May 7, 2015, the Colorado Court of Appeals held that construction defect claims by...more

New “Directional Sign” Policy for Baltimore County Homebuilders

The Baltimore County Department of Permits, Approvals, and Inspections has adopted a new administrative policy allowing homebuilders to place temporary “Directional Signs” on their new developments. Homebuilders often rely...more

[Event] Breakfast With Your Labor Lawyer - May 19, San Francisco, CA

Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more

OSHA Issues Final Rule on Confined Spaces in Construction

The Occupational Safety and Health Administration (OSHA) has issued its long-awaited final rule on construction work in confined spaces. Beginning August 3, 2015, the new confined spaces in construction standard will replace...more

How Construction Lenders Can Avoid Title Insurance Coverage Denial for Mechanics Liens

A title insurance company can deny a construction lender’s coverage against mechanics liens that were asserted after the lender stopped funding the construction escrow, even though the lender was entitled to do so under the...more

New Jersey Court Applies Continuous Trigger Theory and Finds That No Coverage Is Available Because Damage Manifested Prior to...

In Cypress Point Condo. Ass’n. v. Selective Way Ins. Co., 2015 N.J. Super. Unpub. LEXIS 721 (March 30, 2015), the New Jersey Law Division dismissed a declaratory judgment action filed against an insurer for a framing...more

Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding...more

The Construction Advantage – Issue 16

Welcome to the sixteenth edition of The Construction Advantage! In our latest issue, we thought we would throw a curve ball, in honor of the beginning of baseball season. Construction Law Group Chair Michael Bosse highlights...more

Tennessee Court of Appeals Determines Homeowners’ Action Against Contractor Barred by Statute of Repose

In Hayes v. Coopertown’s Mastersweep, Inc. 2015 Tenn. App. LEXIS 2224 (Tenn. Ct. App. 2015), plaintiff homeowners contracted with defendant Mastersweep to inspect the home’s fireplace due to consistent “smoke trouble.”...more

Top Ten Construction Clauses - The Differing Site Conditions Clause

This clause is intended to address equitable adjustments to contract clauses when site conditions are different than anticipated under the contract terms. AIA Document A201-2007, General Conditions ¶3.7.4 provides that if the...more

Federal Arbitration Case Update | Bound and Determined

Owner Not Bound by Arbitration Clause in Engagement Agreement between Contractor and Law Firm - Auto Parts Manufacturing Mississippi v. King Construction - 2015 WL 1379980 - United States Court of Appeals, Fifth...more

Real Property, Financial Services & Title Insurance Update: Week Ending April 17 & 24, 2015

Statute of Limitations/Liens: one year statute of limitations to enforce equitable lien under Fla. Stat. sec. 95.11(5)(b) runs from last furnishing of labor, services, or material for improvement of real property; Fla. Stat....more

OFCCP Drops the Annual Veterans Hiring Benchmark to 7 Percent

On April 21, 2015, the Office of Federal Contract Compliance Programs (OFCCP) announced that it had updated the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark Database on its website. The VEVRAA...more

Security on Large Construction Projects. The Payment Remedy You Probably Never Heard of

California has a number of statutory payment remedies available on construction projects. Some, such as the mechanics lien, are relatively well known and often utilized. Others, such as the stop payment notice, are somewhat...more

Privity Of Contract Is Still The Rule For Breach-Of-Implied-Warranty Claims Against Subcontractors, Even For New Home Construction

Arizona has long recognized the existence of an implied warranty arising out of new home construction. In Columbia Western Corp. v. Vela., the Arizona Court of Appeals expanded implied warranty liability to cover...more

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