News & Analysis as of

Contractors

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

UK Supreme Court upholds fitness for purpose warranty

by White & Case LLP on

Earlier this month the UK Supreme Court in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59 held that a contractor had warranted a twenty year service life, via a fitness for purpose...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

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

Missouri Law Prohibits Costly Public Project Labor Agreements

by Jackson Lewis P.C. on

On May 30, 2017, Missouri Governor Eric Greitens signed legislation generally barring public entities from requiring job-specific union contracts called “project labor agreements” on public construction projects. The...more

Three Needless Deaths: Recognize Confined Space Dangers On Your Job Sites

by SmithAmundsen LLC on

On July 14, 2017, the U.S. Department of Labor’s Occupational Safety and Health Administration cited a contractor for 10 serious violations after the deaths of three workers who succumbed to toxic gases in a manhole on...more

KY Contractors Can Now Assert Claims for Negligent Misrepresentation Against an Architect Despite Absence of a Contract

Design professionals doing business in Kentucky beware: the Kentucky Court of Appeals recently held that a contractor may pursue a negligent misrepresentation claim against an architect for delays to a project resulting from...more

The Other Shoe Drops: An Update on DOLI Enforcement of Contractor Registration Requirements

by Stinson Leonard Street on

In a move of interest to residential or commercial contractors working in Minnesota, the Minnesota Department of Labor & Industry (DOLI) recently began enforcing a 2012 requirement that all unlicensed contractors register...more

Client Update: The 2017 Changes to the AIA Contract Documents: A Summary of the Relevant Changes to the Owner-Contractor Forms

by Reed Smith on

The American Institute of Architects (AIA) contracts are the most commonly used set of construction contract forms on commercial projects in the United States. In late April 2017, AIA issued its once-in-a-decade updates to...more

The A, B and C’s of Contracting and Self-Performing Work Under California’s Contractor’s License Law

The California Contractors State License Board issues licenses in three general classifications: 1. Class A – General Engineering Contractors; 2. Class B – General Building Contractors; and 3. Class C – Specialty...more

NEC4 - The Next Generation

by K&L Gates LLP on

NEC4, the next generation of the NEC suite of contracts, was released on 22 June 2017. It includes significant developments and reflects current best practice throughout the construction industry. During this breakfast...more

Southern Oregon University Victim of Phishing Scheme

Last month, Southern Oregon University (SOU) announced that it was the victim of a $1.9 million phishing scheme. SOU received an email purportedly from their contractor, Anderson Construction, requesting the April payment for...more

AIA Releases Decennial 2017 Updates to its Contracts Suites

The American Institute of Architect’s (AIA) suite of design and construction documents are among the most popular industry form contracts. Every ten years the AIA reviews and updates its core documents, and early this Spring,...more

A License to Sue: Appellate Court Upholds Condition of Statute that a Contracting Party Must Hold a Valid Contractor’s License to...

California Business & Professions Code section 7031(a) requires a party to have contractor’s license in order to maintain an action for compensation for services performed for which a contractor’s license is needed. In...more

Risk is More Than Just a Board Game: A Guide to Performance Bonds

by Faegre Baker Daniels on

Although other forms of security are possible to secure performance of a construction contract, corporate surety performance bonds remain the construction contract guarantee of choice for owners in both public and private...more

Construction Advisory: Colorado Supreme Court Affirms Developer’s Right to Consent to Removal of Mandatory Arbitration Provision...

by Sherman & Howard L.L.C. on

On June 5, 2017, the Colorado Supreme Court gave developers and contractors another reason to consider jumping back into the condominium construction market. By upholding the Colorado Court of Appeals decision in the Vallagio...more

Courts Misunderstand the Meaning of “That Particular Part”

This is part one of a two-part series looking at how court decisions in recent years have thwarted general contractors’ reasonable expectation of coverage under their general liability policies....more

Unique Aspects Of Practice Before The Boards Of Contract Appeals – No Interlocutory Appeals

Litigation before the Armed Services and Civilian Boards of Contract Appeals (ASBCA and CBCA, or Boards) involves some unique aspects not found in typical civil cases in federal courts. The differences begin with the ease of...more

2017 AIA Documents – They Are A-Changin’: What You Need to Know About the AIA’s Revisions to the A201 “General Conditions of the...

The American Institute of Architects (AIA) published its first contract document in 1888 when it published its Uniform Contract between Owner and Contractor. Since then, the AIA has significantly updated and expanded its...more

Littler Global Guide - Philippines - Q1 2017

by Littler on

Persons With Disabilities May Now Be Declared as Dependents for Tax Purposes - Enacted Legislation - Republic Act No. 10754, enacted on March 23, 2016 and effective on December 23, 2016, expanded the benefits of...more

Tokyo Dispute Resolution & Crisis Management Newsletter – April 2017

by King & Spalding on

Building a Favorable Project Record During Construction Disputes - The value and importance of the written record in a dispute arising from a major construction project cannot be overstated. Even when project personnel are...more

AIA Releases 2017 Construction and Design Agreements

by Dickinson Wright on

At the end of last month, the American Institute of Architects (“AIA”) released several revised documents including the primary agreements between the owner and contractor and the owner and architect. Many of the revisions...more

Subcontractors’ Strongest Protections Don’t Always Apply

Several years ago, Ohio’s legislature passed a law to provide subcontractors and material suppliers with a formidable weapon to protect their payment rights – the Ohio Prompt Payment Act. ORC 4113.62 requires that...more

California Contractors State License Board To Discuss Legislative Developments May 19

This meeting will be open to the public except when specifically noticed otherwise. Members of the public are permitted to address the Committee during the public comment session; however, the total time allocated for public...more

Two Massachusetts Companies Operated As Single Employer, OSHA Judge Finds, Upholds Citations

by Jackson Lewis P.C. on

Two Massachusetts contractors were operating as a single employer at a worksite in Massachusetts when at least two employees of a roofing crew fell from a wooden plank in October 2014, an Occupational Safety and Health Review...more

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