Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the...more
4/11/2024
/ California ,
Construction Project ,
Drinking Water ,
Drought ,
Environmental Policies ,
Regulatory Agenda ,
Water ,
Water Conservation ,
Water Resources Control Board ,
Water Rights ,
Water Supplies
Public-private partnerships (P3s) have recently become a popular tool for the development of public infrastructure projects in the U.S. and across the globe. By bringing together public and private resources, P3s can be used...more
As the nation’s largest energy consumer, the U.S. federal government plans to curb greenhouse gas emissions across its expansive portfolio of more than 350,000 federal buildings. In a pioneering move, the Biden administration...more
As the wave of reopening orders sweeps across the country, businesses see a light at the end of the tunnel. That light, however, in many instances is still yellow, and may be so for some time to come. ...more
6/12/2020
/ Act of God ,
Best Practices ,
Business Disputes ,
Business Interruption ,
Construction Project ,
Contract Terms ,
Force Majeure Clause ,
Notice Requirements ,
Performance Standards ,
Real Estate Development ,
Suppliers ,
Supply Chain ,
Triggering Event
Much has been written about whether and how COVID-19 qualifies as a force majeure event. But typical force majeure provisions entitle contractors to only schedule relief. ...more
Bribery and corruption have long plagued the construction industry, particularly in emerging markets in Latin America, Eastern Europe, the Middle East and Asia-Pacific. ...more
5/13/2019
/ Books & Records ,
Bribery ,
Construction Contracts ,
Construction Project ,
Contractors ,
Corruption ,
Department of Justice (DOJ) ,
FCPA Guidance ,
Internal Controls ,
Kickbacks ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
WTE-S&S AG Enters., LLC v. GHD, Inc., 2017 Bankr. LEXIS 2343 (Bankr. N. D. Ill. August 18, 2017) -
This breach of contract dispute arises out of a contract to design and build a cow-manure digester on a farm in Wisconsin. ...more
10/26/2017
/ Breach of Contract ,
Building Codes ,
Commercial Bankruptcy ,
Construction Contracts ,
Construction Defects ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Creditors ,
Debtors ,
Design Defects ,
Farms
Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) -
This contract dispute dates back to 2004, when the Port of Houston Authority...more
2/16/2017
/ Appeals ,
Bids ,
Breach of Contract ,
Change Orders ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Federal Contractors ,
No Damage For Delay ,
Port Authority ,
Progress Payments ,
Remand ,
Reversal ,
Risk Mitigation ,
TX Supreme Court
Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and...more
7/29/2016
/ Arbitration ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Contractors ,
Economic Loss Doctrine ,
Federal Arbitration Act ,
Fraud ,
Limitation of Liability Clause ,
Punitive Damages
Allstate Insurance Company v. Structures Design/Build, LLC, 2016 U.S. Dist. LEXIS 34349 (WD VA March 17, 2016) -
This construction dispute case arises from a failed pipe connector that caused water damage to a facility...more
7/14/2016
/ Allstate ,
Breach of Warranty ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
Express Warranty ,
Implied Warranties ,
Insurance Industry ,
Negligence ,
Property Damage ,
Water Damage
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
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