The Alabama Legislature recently made several changes to requirements for public works projects that go into effect September 1, 2023. Here’s a summary of the notable changes:
Section 39-1-1 -
Section 39-1-1 mandates...more
Although many construction contracts contain arbitration provisions, it is not always clear whether a particular dispute is subject to arbitration and, in some cases, a party may seek to litigate a dispute rather than demand...more
6/27/2023
/ Arbitration ,
Arbitration Agreements ,
Automatic Stay ,
Coinbase ,
Coinbase Inc v Bielski ,
Cryptocurrency ,
Federal Arbitration Act ,
Interlocutory Appeals ,
Motion to Compel ,
SCOTUS ,
Stays
A recent win by a team of Bradley construction attorneys highlighted the role emergency arbitration proceedings can play in a dispute subject to an arbitration agreement. The ongoing case involves the design and construction...more
Bradley regularly represents general contractors (and other contracting parties) on large hospital projects – whether it be during project development, construction, or in the dispute stage. In one recent case, Bradley...more
A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not...more
It has been said that, sooner or later, everything old is new again. In the wake of the novel coronavirus pandemic (COVID-19) sweeping the globe in 2020, a heretofore largely overlooked and even less understood nineteenth...more
The Ninth Circuit Court of Appeals just reminded policyholders that while coverage exclusions are to be read narrowly, they must also be read comprehensively.
In Engineered Structures, Inc. v. Travelers Property Casualty...more
Michigan has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims for property damage allegedly caused by the defective work of a subcontractor. In a unanimous...more
Do you have to report an employee’s positive COVID-19 case to OSHA and will OSHA investigate it? On the reporting front, OSHA’s initial guidance said positive cases were reportable only in specific industries, like...more
Under the Paycheck Protection Program (PPP), borrowers can seek loan forgiveness of the full principal amount of loans as early as eight weeks after disbursement of the loan proceeds. On May 22, 2020, the U.S. Small Business...more
5/31/2020
/ Applications ,
Borrowers ,
CARES Act ,
Coronavirus/COVID-19 ,
FTEs ,
Interim Final Rules (IFR) ,
Lenders ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Popular ,
Safe Harbors ,
SBA ,
Small Business
On May 19, 2020, OSHA issued an Updated Interim Enforcement Response Plan for Coronavirus Disease to address how the administration intends to handle COVID-19 related complaints, referrals and reports. At the same time, OSHA...more
In the last few days, the Small Business Administration (SBA) provided additional answers to frequently asked Paycheck Protection Program (PPP) questions and published yet another interim final rule on the administration of...more
The COVID-19 pandemic swiftly eroded recent gains in the U.S. and world economies and has exposed economic and societal vulnerabilities that many believed, or at least hoped, would never come to light. There’s no doubt the...more
Employers long have been required to record and report work-related injuries and illnesses to OSHA. A new question in the pandemic environment is whether you have to record an employee who tests positive for COVID-19...more
On April 10, 2020, the Occupational Safety & Health Administration (OSHA) issued interim guidance for the enforcement of employer reporting requirements arising from COVID-19 illnesses that will remain in effect during the...more
On April 7, 2020, the Small Business Administration (SBA) issued additional guidance on the Paycheck Protection Program (PPP) in the form of answers to frequently asked questions about the PPP. According to the new guidance,...more
The Armed Services Board of Contract Appeals’ recent decision in Appeal of Watts Constructors, LLC gave life to a contractor’s claim that the government violated its implied duty of good faith and fair dealing. Under a...more
10/23/2019
/ Abuse of Discretion ,
Affirmative Defenses ,
Armed Services Board of Contract Appeals ,
Bids ,
Breach of Contract ,
Breach of Duty ,
Covenant of Good Faith and Fair Dealing ,
Federal Contractors ,
Private Utility ,
Quality Assurance Programs ,
US Army Corps of Engineers
Electronic cigarettes and vaping have been heralded by many as a safer alternative to smoking traditional cigarettes. A recent outbreak of illnesses allegedly related to vaping, however, has ignited public hysteria and will...more
10/10/2019
/ Cannabis Products ,
Centers for Disease Control and Prevention (CDC) ,
Dispensaries ,
E-Cigarettes ,
Food and Drug Administration (FDA) ,
Manufacturer Liability ,
Marijuana ,
Marijuana Related Businesses ,
Mass Tort Litigation ,
Public Health ,
Public Safety ,
Supply Chain ,
Tobacco ,
Vaping
Quality control (QC) programs and reporting are not new to the construction industry. Engineers’ and owner’s specifications, and even manufacturers’ product data sheets, make clear what procedures must be followed and what...more
Although marijuana is classified as an illegal drug under federal law, a majority of states have now legalized its use in one form or another. This rapidly evolving legal landscape presents new challenges for employers,...more
2/7/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Reasonable Accommodation ,
Recreational Use ,
Workplace Safety ,
Zero Tolerance Policies
In a recent decision, the Third Circuit Court of Appeals (a federal appellate court supervising the federal trial courts in Delaware, New Jersey, Pennsylvania, and the Virgin Islands) enforced the plain meaning of an...more
Although marijuana is an illegal drug under federal law, a majority of states have now legalized its use in one form or another. Additionally, Canada recently legalized the use of marijuana, and proposals for loosening...more
1/10/2019
/ Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
General Duty Clause ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
OSHA ,
Workplace Hazards ,
Workplace Safety ,
Zero Tolerance Policies
Policyholders take notice – a recent New York case highlights the importance of thoroughly analyzing and understanding all policy language to minimize project risk and ensure proper coverage. As an illustration, the Court of...more
A recent New York case highlights the importance of thoroughly analyzing all contract language in minimizing project risk. In Gilbane Bldg. Co./TDX Construction Corp. v. St. Paul Fire & Mar. Ins. Co., the Court of Appeals of...more
11/1/2018
/ Additional Insured ,
Appeals ,
Commercial General Liability Policies ,
Construction Industry ,
Construction Managers ,
Construction Project ,
Contract Disputes ,
Contract Interpretation ,
Denial of Insurance Coverage ,
Endorsements ,
General Contractors ,
Insurance Contracts ,
Insurance Industry ,
Joint Venture ,
Liberty Mutual Insurance Company ,
Motion for Summary Judgment ,
NY Supreme Court ,
Plain Meaning ,
Privity of Contract ,
Reversal