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
1/3/2024
/ Biden Administration ,
Clean Energy ,
Climate Action Plan ,
Climate Change ,
Department of Energy (DOE) ,
Energy Efficiency ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Infrastructure ,
Natural Gas ,
Public Private Partnerships (P3s) ,
Public Projects ,
Regulatory Agenda ,
Renewable Energy ,
Sustainable Development Goals (SDGs)
Earlier this month, the American Society of Pharmacy Law hosted its annual conference in San Antonio, TX. This gathering of industry leaders provided a unique opportunity to delve into the ever-evolving landscape of pharmacy...more
12/1/2023
/ Coronavirus/COVID-19 ,
DSCSA ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Healthcare ,
Infectious Diseases ,
Medicaid ,
Medicare ,
Pharmaceutical Industry ,
Pharmacies ,
Pharmacist ,
Pharmacy Benefit Manager (PBM) ,
Prescription Drugs ,
Supply Chain ,
Vaccinations
In today’s pharmacy world, most pharmacies, whether large national chains or small regional businesses, are required to hold licenses and registrations in several states. Unfortunately, there is no universal pharmacy license...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
ntroduction America’s water infrastructure has long faced a critical need for funding and modernization. According to the American Society of Civil Engineers, there is a $105 billion funding gap for drinking water and...more
The $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) is poised to change how the United States views and implements public-private partnerships (P3s). At a high level, the IIJA encourages public entities to...more
The COVID-19 pandemic continues to impact the construction industry, and many countries continue to implement new or more stringent restrictions on entry into their borders. Those travel restrictions can impact any company...more
The Army Corps of Engineers denied a construction permit for Alaska’s Pebble Mine project to proceed in accordance with the Clean Water Act (CWA). Excavation of Pebble Mine — a sprawling depository of gold, copper, and...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
Abdul Latif Jameel Trans. Co. v. FedEx Corp., No. 19-5315 (6th Cir. Sept. 19, 2019).
In the world of international arbitration, where document disclosure is already relatively limited compared to practices in federal and...more
10/4/2019
/ Administrative Law Judge (ALJ) ,
Construction Litigation ,
Disclosure ,
Discovery Disputes ,
Dubai ,
Evidence ,
FedEx ,
Foreign Tribunals ,
International Arbitration ,
Saudi Arabia ,
Supply Chain
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
Courts determine whether a dispute is subject to arbitration, also known as questions of “arbitrability,” unless the parties agree to submit arbitrability disputes to the arbitrator.
Originally published in AGC Law in...more
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
P&N Invs. v. Frontier Mall Assocs., 2017 Wyo. LEXIS 62 (Wyo. 2017) -
This payment dispute arose over conditional language in a lease agreement between a mall and a restaurant operator. P&N Investments (“P&N”) leased space...more
Melchert v. Pro Elec. Contrs., 2017 Wis. Lexis 169 (April 7, 2017) -
The Wisconsin Department of Transportation (“DOT”) contracted with Payne & Dolan (“P&D”) as General Contractor on a road improvement project. P&D in turn...more
Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc., 2017 Cal. LEXIS 1024 (Cal. February 16, 2017) -
This tort lawsuit relates to a dispute over the bidding process on several public works contracts in...more
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
DVBE Trucking and Construction Co., Inc. v. McCarthy Building Companies, Inc., 2015 U.S. Dist. LEXIS 90052 (N.D. Cal. July 10, 2015) -
This payment dispute case arises out of a Veterans Affairs (“VA”) construction...more
Marenalley Constr., LLC v. Zurich American Ins. Co. and Nason Constr. Inc., 2015 U.S. Dist. LEXIS 30968 (E.D. Pa. March 13, 2015) -
This payment dispute case arises out of a Veterans Affairs (“VA”) construction project...more
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