News & Analysis as of

Negligent Misrepresentation Standard Shifts in Contractor’s Favor with Pennsylvania Appellate Ruling

Contractors and subcontractors who are aggrieved by erroneous information on construction documents may have an easier time proving an architect or other design professional made a negligent misrepresentation that harmed them...more

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more

Construction Defect – Pre-Litigation Procedures of the “Right to Repair Act”

McMillin Albany LLC, et al. v. The Superior Court of Kern County - California Court of Appeal, Fifth Appellate District (August 26, 2015) - Civil Code section 896 (§ 896) is part of a statutory scheme commonly...more

Fixing Your Mistakes: Henia Investments v Beck Interiors

Since 2011, Employer and Contractors have been living with the payment regime prescribed by the updated Housing Grants, Construction and Regeneration Act 1996. This regime amounts to strict liability for the payer – if...more

A Brief Look At Common Construction Loan Credit Enhancements

As the competition for construction loan projects remains at unprecedented levels in much of the country, lenders are frequently being asked to waive, modify or re-visit their standard construction loan credit enhancement...more

Construction Briefing - Legal changes affecting construction businesses from 1 October 2015

1 October 2015 ushers in a number of legal changes which affect construction businesses operating in the UK. We have provided brief highlights of some of the changes below. If you need further information, please contact us...more

CDM Regulations 2015: Have you appointed your principal designer yet?

In April 2015, the new Construction (Design and Management) Regulations (the Regulations) came into force and the transition period is about to come to an end. Are you ready?...more

The Right to Repair Act Isn’t Out for the Count, Yet. Homebuilders Fight Back

The Little Case That Roared - Two years ago we wrote about a case that caused an uproar in the homebuilding industry – Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC, 219 Cal.App.4th 98 (2013) – in...more

CSLB Reminds California Public Works Contractors to Renew Their Public Works Registration

A friendly reminder from the Contractors State License Board . . .   CSLB Urges Public Works Contractors to Renew Dept. of Industrial Relations Registration before October 1 to Avoid Hefty Penalty...more

OSHA Says You Should Train Employees on How to Do Their Laundry

On June 1, 2015, federal OSHA released an Interpretation Letter requiring that employers train employees on the laundering requirements of fire retarding (FR) and arc-rated clothing....more

NLRB Ruling Expands Contractors’ Liability for the Actions of Subcontractors

In an August 27, 2015 split decision, the National Labor Relations Board (“NLRB”) announced a new standard for determining when businesses will be considered to be “joint employers,” significantly expanding the scope of joint...more

Flag on the Play! Expired Contractor’s License!

It’s football season again. Which means, of course, that in addition to touch downs and field goals, you’ll also see hooting and hollering when the ref throws down a yellow flag signaling that a foul has been committed....more

Unpaid Subcontractors Gain Protection: the Supreme Court of Canada Clarifies the Builders’ Liens Act

An unpaid subcontractor has both a builder’s lien and a trust remedy, the Supreme Court of Canada (SCC) just determined in Stuart Olson Dominion Construction Ltd v Structal Heavy Steel, 2015 SCC 43. In a unanimous decision,...more

Louisiana Fourth Circuit Holds Public Bid Invalid Absent Written Evidence of Authority to Sign Bid

Contractors that bid public projects in Louisiana are familiar with the Public Bid Law's requirement that "[w]ritten evidence of authority of the person signing the bid for public works shall be submitted at the time of...more

Les 100 mots-clés de la loi Macron à l’usage des entrepreneurs

La loi dite « Macron » a soulevé d’innombrables critiques. Celles-ci ne sont pas toutes imméritées. Il importe cependant de faire la part des choses et de distinguer les plans sous lesquels elle peut être appréciée. Les...more

Construction Case Law Update - September 15, 2015

Home Sales, Disclosing Defects - Home purchasers appealed summary judgment granted in favor of sellers regarding claims of defects that had a material adverse effect on the property’s value pursuant to Johnson v. Davis, 480...more

All Over But the Penning: the California Legislature Completes its Work for 2015

The California Legislature adjourned its 2015 regular session early last Saturday morning.  It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product.  He has until Sunday, October 11, to...more

California Court of Appeal affirms vitality of California’s Right to Repair Act (SB 800) against construction defect claims

The California Court of Appeal, Fifth District, issued a published opinion last week holding that California’s Right to Repair Act (Act, commonly known in the homebuilding industry as SB 800, applies to all claims by...more

Bill Seeks to Overturn NLRB's New Joint Employment Standard

After returning from the August congressional recess, lawmakers were quick to introduce a bill that would negate the National Labor Relations Board's recent decision in Browning-Ferris. In this controversial decision, the...more

Federal Contractor News Roundup: Paid Sick Leave, Pay Secrecy, Posters, Plus More

This year continues to be an active one for employers who are federal contractors or subcontractors. Most recently, yesterday President Obama continued the trend of using Executive Orders where legislative solutions have...more

Under Construction - September 2015

Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint...more

Understanding CIPs, Builder’s Risk, and Inland Marine Insurance Policies

Part of Bradley Arant’s Policyholder Insurance Coverage Team’s six-part Maximize Your Company's Insurance Coverage Webinar Series, the “Understanding CIPs, Builder’s Risk, and Inland Marine Insurance Policies” webinar, led by...more

Managing redundancy entitlements in loss of contract situations

Employers who lose contracts to a competitor or outsource work can lessen the impact of redundancies if they plan ahead and engage with incoming contractors....more

Construction and Engineering Toolkit: Insuring Existing Buildings in Which and Next to Which Construction Work is to Take Place

This construction guide covers: -JCT contracts in real estate development -Minimum energy standards for letting buildings -Construction work adjacent to existing structures -Insuring the existing...more

Letters of the Law: 'R' is for Retention

Contractors in Qatar are usually required to stump up an enormous 30% of the contract sum in security to the employer. This is more onerous than in most jurisdictions, and reflects the buying power of the client but also the...more

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