Engineering

News & Analysis as of

Pennsylvania Commonwealth Court Holds Owner Which Relied Upon Engineer in Withholding Payment May Obtain Indemnity from Engineer...

Klipper Constr. Assocs., Inc. v. Warwick Twp. Water and Sewer Auth., 2014 Pa. Commw. Unpub. LEXIS 718 (Pa. Commw. Ct. Dec. 16, 2014) - Warwick Township Water and Sewer Authority (“Owner”) hired Carroll Engineering...more

How the Real Estate Industry Can Use the R&D Tax Credit

When most people think of the research and development (R&D) tax credit, they think of manufacturing. However, other industries can also benefit from this credit. In my August 5th post, we discussed the basics of the R&D...more

Florida May Create New License for Structural Engineers

New legislation may soon create a separate structural engineering license in the State of Florida. The move toward structural licensure is well underway due to House Bill 217 and Senate Bill 338. Under the proposed...more

Florida Appeals Court Holds Contractor and Engineering Firm Entitled to Summary Judgment on Personal Injury Claim Where Owner...

The Florida Department of Transportation (“DOT”) hired Transportation Engineering, Inc. (“TEI”) to design, and D.A.B. Constructors, Inc. (“DAB”) to install, median guardrails along the Florida Turnpike. After the...more

Construction and Engineering Alert: CDM 2015 - The Biggest Health And Safety Change For Construction In A Decade

The Construction (Design and Management) Regulations 2015 have finally been laid before Parliament and will come into force on Easter Monday 6 April. The new regulations ("CDM 2015") need to be on your radar if you are...more

California Court of Appeals Determines Subcontractor is Unable to Maintain Cross-Claims for Equitable Indemnity and Contribution...

In State Ready Mix, Inc. v. Moffatt & Nichol, 232 Cal. App. 4th 1227 (2015), the California Court of Appeals considered whether a subcontractor could maintain cross-claims for equitable indemnity and contribution against the...more

Ober|Kaler Construction Attorneys Author Maryland Section of 50-State Survey of Licensure Requirements for Architectural and...

Joseph C. Kovars and Christopher C. Dahl of Ober|Kaler's Construction Group recently authored the Maryland section of a 50-state survey of licensure requirements for architectural and engineering firms. The survey has been...more

A Commitment to Diversity in Practice Versus in Theory—Interview of Mel Jones, Skanska

Mel Jones is Northwest Diversity Manager for Skanska USA, a multibillion dollar international building and development company. Before joining Skanska, Jones was a civil engineer and owned his own engineering design company....more

New York State Court Dismisses Construction Manager’s Third Party Claims Against Subcontracting Geotechnical Engineer

In Board of Mgrs. of the A Bldg. Condo. v. 13th & 14th St. Realty, LLC, 2014 N.Y. Misc. LEXIS 5632; 2014 NY Slip Op 33353(U) (New York Cty. Sup. Ct. Dec. 18, 2014), Hudson Meridian Construction Group, LLC, s/h/a Hudson...more

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

Red Notice Newsletter - October 2014

Welcome to the October 2014 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. - This month on the anticorruption front, a Texas company agrees to pay more than $5 million to settle allegations...more

Patent Rights in Government Contracts

Patents are often a company’s most important asset. Thus, when a company is contracting with the federal government, that company needs to proceed with caution to avoid loss of patent rights. Government contracts can cover...more

Client Q&A: Jim Hutcherson, Chief Legal Officer/VP Human Resources, Bahnson, Inc. An EMCOR Company

Bahnson is one of the largest specialty engineering, manufacturing and mechanical contracting firms in the United States specializing in ultra-low freezers and environmental chambers. They provide infrastructure and...more

Court Upholds Rights of Small Business Dredging Contractors

In a bid protest argued by our firm before the United States Court of Federal Claims on September 23, 2014, the Court ruled in favor of our client, RLB Contracting, Inc., (RLB) in a matter involving the designation of the...more

North Carolina Supreme Court Allows Termination of TTD Benefits on General Economic Conditions

Employees injured on the job who are terminated by their employer are generally entitled to collect temporary total disability (TTD) benefits under the Workers’ Compensation Act until they are able to locate suitable...more

Washington Supreme Court Permits $1.5M Damages Claim to Proceed against Engineering Firm under “Independent Duty Doctrine”

In a recent decision decided on a narrow 5-to-4 vote, the Washington Supreme Court declined to bar a couple’s negligence claims against an engineering firm based on a contractual limitation of liability, permitting the couple...more

Construction & Engineering Briefing - March 2014: Caps on Liability - how are they applied by the courts?

In a recent case that came before the High Court, the Court considered a contract clause which attempted to impose a financial cap on the contractor's liability. The case acts as a reminder to those who negotiate and draft...more

New Green Standards; Same Green Warnings for Architects & Engineers (law note)

The newest version of the LEED ratings system, LEED v4, has officially been released. For a comparison of the major changes between LEED 2009 and LEEDv4, check out this downloadable form from the USGBC....more

Legislative Update

Construction legislation in the 2013 session was much different from 2011. In 2011 many new construction related laws were passed including governance of indemnities and mechanic’s liens. In 2013 many significant...more

Termination for Convenience - An Unfettered Right. Discuss.

Does there need to be a reason for termination? In addition to a party’s right to bring a contract to an end at common law, most engineering and construction contracts contain provisions allowing the parties to terminate...more

Rogers Towers: New Law Alters Liability for Architects and Engineers

Of recent interest to architects, engineers and owners, Governor Scott signed into law an act relating to design professionals which limit their individual liability in certain circumstances. The new statute created by this...more

OSHA Reinstates ERA Whistleblower And Issues Daunting Preliminary Order

On May 15, 2013, OSHA determined that Enercon Services Inc. (Company), an engineering firm that provides nuclear power facilities with engineering support services, violated the whistleblower provisions of the Energy...more

What Architects & Engineers Need to Know about the New Lien Law

I have previously discussed the ABCs of Lien Laws for those making claims on a project (that is, architects, engineers, contractors, subcontractors, and suppliers) and the 123s of Lien Laws for project owners. Now, time to...more

Homeowners May Sue Design Professionals For Construction Defects

In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 13, 2012), a California court of appeal found that a homeowners association could seek damages...more

Fracking Revenue Offsets Education Costs

Many colleges across the country are now looking directly to oil and gas as a source of much needed revenue for education. With cut-backs to state budgets, many states are strongly considering whether to allow hydraulic...more

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