Winning Formula for Construction Litigation – Lessons Learned from a Recent Trial Win
Homebuilder Series Webinar: Joint Ventures Solutions, Steve Lear
Common Employment Law Mistakes for Small, Start-Up and Growing Companies
On January 13, 2015, the Missouri Supreme Court issued three decisions on sales and use tax that have limited the construction industry's ability to utilize certain exemptions in those areas. Companies that utilize such...more
Businesses that enter into contracts with state or local government entities in Pennsylvania need to be aware of a new liability threat – lawsuits from employees alleging waste or wrongdoing in connection with the award of...more
FLORIDA STATE CASES -
Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car...more
While ethics and compliance scandals that implicate brand name companies tend to grab the headlines, smaller organizations have always borne the brunt of regulatory enforcement. Over the years, U.S. Sentencing Commission data...more
While a contractor generally has a right to a time extension and damages stemming from a delay caused by the owner, the owner (or general contractor if the harmed party is a subcontractor) may be able to assert several...more
Construction projects are complex, multi-partied, multi-disciplinary endeavors, in which subcontracting all or a portion of the work to be performed is not uncommon.
When subcontracting work, parties usually make it...more
When preparing or negotiating the terms of construction contracts, parties often indicate where any dispute that may arise between the parties must be litigated. Courts will generally enforce such “venue” or “forum selection”...more
Recently, in Carnell Constr. Corp. v. Danville Redevelopment & Housing Auth., the federal appellate court covering West Virginia, Virginia and the Carolinas upheld a trial court’s determination that a Virginia statute places...more
To meet the demands of an aging population and health care reform, many new hospitals and other health care facilities are being built. These projects are typically large, costly and complex and, therefore, merit careful...more
New Year’s resolutions are hard to keep.
In fact, studies (which I have a sneaking suspicion may have been paid for by the tobacco, donut and vacation timeshare lobbies) have found that only 8% of New Year’s...more
In 2014 Barack Obama issued over 30 executive orders as promised in his State of the Union Address. At least three of these orders are notable and will impact federal contractors and workers performing construction and...more
Scungio Borst & Assocs. v. 410 Shurs Lane Developers, LLC et al., 2014 Pa. Super. LEXIS 4527 (Pa. Super. Ct. 2014). On reconsideration of an earlier panel decision of the Pennsylvania Superior Court, the Court en banc...more
Over the past decade, courts in Ohio have confirmed time and time again that they will strictly enforce notice requirements in construction contracts where a contractor or subcontractor seeks additional time or compensation. ...more
During and immediately after the most recent recession, construction litigation seemed to hit an apex. New pre-litigation matters to resolve monetary disputes from recession-era construction projects continue to keep many...more
More than 20 years ago, the Watergate scandal taught us “it’s not the crime, it’s the cover-up” that does the damage. The ensuing decades have brought a steady stream of individuals and companies that had to learn the truth...more
Contractors should prepare for Minnesota's Responsible Contractor Law, which will apply to most bid solicitations for state and local construction contracts in Minnesota issued after December 31, 2015. The law will apply to...more
I was at the Construction SuperConference in Las Vegas this past week.
It was good. Heard former Los Angeles Mayor, Antonio Villaraigosa, the self proclaimed “Transportation Mayor,” talk about Los Angeles’ mass transit...more
Frontier Contr. Inc. v. Allen Eng’g Contr., Inc., 2014 U.S. Dist. LEXIS 136474 (E.D. Cal. Sept. 2014) -
Frontier Contracting Inc. (Frontier) entered into a teaming agreement with Allen Engineering Contractor, Inc....more
I’ve been good this year.
Not great mind you, but good, and good is the standard, right?
So, here’s my construction law wish list this holiday season...more
On November 13, 2014, the President gave the Administrator of the U.S. Agency for International Development (USAID) authorization to exercise authority under Public Law 85-804, as amended (50 U.S.C. 1431 et seq.), to the same...more
On December 3, 2014, Texas Governor Rick Perry issued Executive Order No. RP-80, which requires state agencies and state contractors to use E-Verify. The Order imposes, as a condition of all state contracts for service, a...more
Hot Button Issues in Colorado Construction -
Liability for owners, developers, contractors and design professionals -
A construction defects measure, which was introduced to the state legislature in the 2014...more
December 3 Gov. Perry Executive Order Mandates Use of E-Verify by State Agencies and their Contractors and Subcontractors.
What: Gov Perry Signed Executive Order on Dec. 3. To Impose Use of Federal E-Verify...more
Notable 2014 Case Law -
Liability for owners, developers, contractors, subcontractors, suppliers and design professionals -
This year, California courts decided a variety of cases with important relevance to...more
On November 12, 2014, the U.S. Court of Appeals, Second Circuit, ruled on the Northern District of New York’s sentencing of an air monitoring contractor criminally prosecuted for “rip & run” asbestos abatement projects, i.e.,...more
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