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BCLP

Changes in the Payment and Adjudication Processes Regarding Variations and Time-related Disputes

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In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory...more

Saiber LLC

The Saiber Construction Law Column: December 2023

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Courts may only hear and decide cases when they have been granted authority over particular matters and when they have personal jurisdiction over the parties to the matter. The U.S. Supreme Court has held that courts may...more

Snell & Wilmer

The Prevalence and Challenges of Loss of Productivity Claims in Today’s Construction Industry

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Losses of labor productivity issues and claims seem to have taken on more prominence in the last few years due to labor shortages, material shortages, and the quickly changing economics and supply change issues affecting the...more

Rosenberg Martin Greenberg LLP

Kiviti v. Bhatt: Fourth Circuit Brain Twister

The scope of Bankruptcy Court jurisdiction has been the subject of numerous decisions, including multiple decisions by the United States Supreme Court since Bankruptcy Courts were created by the Bankruptcy Reform Act of 1978....more

Stoel Rives -  Ahead of Schedule

Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable...more

Bradley Arant Boult Cummings LLP

How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict

How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration...more

Bradley Arant Boult Cummings LLP

Can a Lien Enforcement Action Be Properly Removed to Federal Court in Alabama?

In Alabama, a lien claimant must file a lawsuit to enforce its mechanic’s lien within six months of the maturation of the entire indebtedness in the Alabama state circuit court in the county where the subject property is...more

Bradley Arant Boult Cummings LLP

Measuring the Long Arm of Texas Courts: When Is an Out-of-State Supplier Subject to Texas Jurisdiction?

Suppliers of construction products and materials frequently find that their products and materials are used in projects located in states where the supplier may not have an office, factory, or production facility. Some...more

BCLP

Adjudication and insolvency set off: compatible? It's a yes from the Supreme Court

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For some time we have been following with interest the case of Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd as it progresses through the courts. Why? Because this concerns an important...more

Troutman Pepper

GAR Know-How Construction Arbitration - United States

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Legal System - 1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What...more

Farella Braun + Martel LLP

The 10th Circuit Correctly Construes “That Particular Part” Narrowly

We do not often write about coverage opinions from jurisdictions as far away as Oklahoma; however, a recent case from the Federal Tenth Circuit looked at one of our favorite topics and came out with a much better reasoned...more

Troutman Pepper

Federal Court Holds That It Lacks Subject Matter Jurisdiction To Review VA’s Decision To Begin Debarment Proceedings Since That...

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Hope v. Dep’t of Veterans Affairs, 2018 U.S. Dist. LEXIS 28479 (E.D. Ark. Feb. 22, 2018) - This matter involved a motion for temporary restraining order and preliminary injunction (the “Motion”) filed by Richard Alan Hope...more

Jones Day

The End of the "Deemed Liability" Adjudication in Western Australia

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The Problem: The Construction Contracts Act 2004 (WA) contains a number of provisions that are to be implied into construction contracts that are silent as to those matters. These implied terms have been a steady source of...more

Jones Day

Australia: Adjudicators’ Security of Payment Determinations Not Reviewable for Errors of Law

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The Situation: The High Court of Australia has, for the first time, confirmed that determinations by adjudicators appointed under security of payment legislation are not reviewable for errors of law alone. The Result: The...more

K&L Gates LLP

The High Court Weighs in on Adjudication Determinations - Errors of Law Are Not Reviewable

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The High Court has unanimously confirmed in the decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 (Probuild) that Courts do not have the power to review adjudication determinations made...more

Morgan Lewis

Singapore’s Court of Appeal Clarifies Key Issues of Jurisdiction, Parties’ Obligations Under Payment Disputes Law

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The court’s recent decision in Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd addresses perennial issues surrounding the validity of contractual payment claims for the purposes of the Building and Construction...more

Snell & Wilmer

Under Construction - September 2017

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Welcome to the fall 2017 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to make the final push to successfully finish out the remainder of the year. In this issue, we...more

Williams Mullen

Money, Dirt and Steel: Spring 2017

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When Are Your Subcontractor's Employees Your Employees? In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be...more

Carlton Fields

District Court Find No Federal Question Jurisdiction In Action Challenging Arbitration Award Based On Arbitrator Bias

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A federal court has rejected the attempt of the losing party in an arbitration to engage in discovery regarding the potential bias of the arbitrator, finding that it had no jurisdiction over the matter because it did not...more

Troutman Pepper

Texas Court of Appeals Holds That the Effect of a Failure to Meet a Specific Contractual Deadline for Arbitration is a Procedural...

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Tilson Home Corp. v. Zepeda, No. 14-16-00075-CV, 2016 Tex. App. LEXIS 12022 (Tex. App. Nov. 8, 2016) - The Court of Appeals of Texas has held that an arbitrator—not a trial court—must determine whether a prerequisite to...more

Burr & Forman

Are Non-Compete Agreements Right for Your Construction Company?

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Non-compete agreements, or non-competition agreements, are contracts into which an employer and an employee enter that restricts the work the employee can perform for another company when the employee’s tenure at the employer...more

Carlton Fields

Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural...

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The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor...more

Robinson & Cole LLP

Connecticut Supreme Court Upholds Jurisdiction of Arbitration Panel for Claims Arising on Public Works Construction

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The Connecticut Supreme Court recently issued an important decision confirming the rights of design professionals, construction managers, and contractors to assert claims under contracts with the state. The decision also...more

Faegre Drinker Biddle & Reath LLP

Managing Project Risk With Enforceable Indemnity Agreements

Most contracts in the construction industry supply chain require the “downstream” project participant to indemnify those “upstream” against a spectrum of losses or claims relating to the project. Upstream participants, such...more

Franczek P.C.

Illinois Supreme Court Says School District’s Subject to Municipal Zoning

Franczek P.C. on

On September 24, 2015, the Illinois Supreme Court reaffirmed the adage that “a picture is worth a thousand words” in holding that Community High School District No. 155’s bleacher construction project is subject to and must...more

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