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Non-Profits May Benefit From Energy-Efficient Construction/Renovation Under Inflation Reduction Act Expansion of IRC § 179D

Section 179D of the Internal Revenue Code, first enacted in 2006, grants qualifying building owners or tenants of commercial buildings a federal tax deduction for the installation of energy-efficient features and systems in...more

Subcontractors Were Not Third-Party Beneficiaries of Waiver of Subrogation Language in a General Contract, Requiring Reversal of...

A recent Maryland appellate decision arising from an insurance company’s exercise of subrogation rights against negligent subcontractors in connection with tornado damage to a warehouse illustrates the pitfalls of waiver of...more

Energy and the Infrastructure Bill: How Will It Solve Permitting Gridlock and Help Nuclear Power and Hydrogen Industries?

The Infrastructure Investment and Jobs Act, which was signed into law by President Joseph Biden earlier this month, includes an important, permanent streamlining to the federal permitting and environmental review process for...more

Federal Infrastructure Bill Set to Supercharge P3 Spending

Development through public-private partnerships or “P3s” has increased sharply in the past several years, and is poised for an even bigger jump thanks to Uncle Sam. The infrastructure bill, which passed the U.S. House of...more

Federal Infrastructure Bill to Codify Streamlining of Federal Permitting Process in Major Infrastructure Projects

The Infrastructure Investment and Jobs Act, which passed in the House of Representatives on Friday, November 4th and is expected to be signed into law in the coming weeks, includes an important, permanent streamlining to the...more

Delaware Federal Court Imposes Limit on Surety's Liability Under Performance Bond

A recent decision from the United States District Court for Delaware held that a surety was not liable for consequential damages to a building owner after a default by its contractor because the surety’s liability could not...more

Sovereign Immunity Protects Public Texas University in Construction Dispute

On December 1, 2020, the Court of Appeals of Texas (1st District) reversed a lower court decision and held that where a party fails to show that a public university defendant has expressly breached a contractual provision,...more

Preparing the Physical Classroom for In-Person and Hybrid Learning

By this point in late September, almost all higher education institutions have begun classes again, and the majority are exclusively online. Administrators have been constantly discussing practical steps and general...more

UPDATE: Maryland Court of Appeals Holds that an AIA Contract's Mutual Waiver of Subrogation Precludes Contribution Liability under...

On May 26, 2020, the Court of Appeals of Maryland (Maryland’s highest court) held that where one of the two parties to an AIA contract sues or settles with a third party, the AIA contract’s mutual waiver of subrogation...more

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