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Construction Updates

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.
Kennedys

Recent First Department decision revisits duty of care and common law negligence

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The Appellate Division of the State of New York, First Department recently reversed a lower court decision, holding that a subcontractor did not owe a duty of care to a plaintiff working on a jobsite and therefore, determined...more

DCI Consulting

Analysis of OFCCP’s Revised Construction Scheduling Letter, Part 1

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On July 26, 2024, the Office of Management and Budget (OMB) granted approval for the Office of Federal Contract Compliance Programs (OFCCP)’s revised construction compliance evaluation scheduling letter and itemized listing....more

Robinson+Cole Construction Law Zone

USDOT’S DBE Program Blocked in Kentucky and Indiana

The end of the U.S. Department of Transportation’s (USDOT) Disadvantaged Business Enterprise (DBE) program is getting closer. The DBE program presumes women and minority-owned firms are disadvantaged and sets goals for them...more

Stoel Rives LLP

The Importance of Staying Organized for Discovery

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Most companies, hopefully, have a low risk of litigation. However, when litigation is unavoidable, it is important to be as prepared as possible to mitigate expenses and potential liability. Discovery—the process of...more

Carr Maloney P.C.

Coverage Exclusion Under Commercial General Liability Policy In Light of OCIP

Carr Maloney P.C. on

Understanding coverage exclusions in a subcontractor’s commercial general liability insurance policy can be a daunting task. What the insuring language of the policy appears to provide, may be taken away through a policy...more

Jackson Lewis P.C.

Labor Board New Fair Choice Rule Loophole for Construction Unions: What Employers Should Know

Jackson Lewis P.C. on

The National Labor Relations Board’s Fair Choice-Employee Voice Final Rule, codified at 29 C.F.R. 103.20-21, became effective on Sept. 30, 2024. The Biden Board’s final rule rescinded portions of a Trump-era 2020 rule...more

Jackson Lewis P.C.

Key Requirements of OFCCP’s New Audit Scheduling Letter for Construction Contractors

Jackson Lewis P.C. on

The Office of Federal Contract Compliance Programs (OFCCP) released a revised Scheduling Letter and Itemized Listing for construction contractors on Oct. 2, 2024, that will require contractors to provide significantly more...more

Jackson Lewis P.C.

New York City Construction Contractor Group Calls for Mental Health Reforms for Industry

Jackson Lewis P.C. on

A leading New York City contractor association is spearheading an effort to raise awareness about the importance of mental wellness in the construction industry and seek legislative reform. The Business Trades Employers’...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Preventing and Overcoming Project Delays

The key to the timely completion of a construction project is the preparation and maintenance of a comprehensive project schedule utilizing the critical path method (CPM) of scheduling. Preparation of a CPM schedule requires...more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate & Construction News Roundup (10/16/24) – Chevron Ruling’s Impact on Construction Industry, New Kind of Public Housing...

In our latest roundup, Hurricane Helene affects infrastructure, California Gov. Gavin Newsom signs bills aimed at renter protections, Federal Reserve kick-off rate-easing cycle, and more!...more

Bilzin Sumberg

Leveraging Public Land to House Government Employees

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Leveraging Public Land to House Government Employees - I previously wrote about the use of government-owned land as one potential approach to help address South Florida’s housing affordability crisis. The lack of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Construction Chronicles: OFCCP’s Updated Scheduling Letter Brings New Compliance Challenges

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently released its new Construction Scheduling Letter and Itemized Listing for federal construction contractors subject to Executive...more

K2 Integrity

[Webinar] Benefits of Using AI in Construction - October 30th, 9:30 am PT

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Join our panel of experts for a 60-minute session discussing how artificial intelligence is reshaping the construction industry and exploring the pros, cons, challenges, and benefits of AI in construction—including how it...more

Gray Reed

Constructing Compliance: What the Construction Industry Needs to Know about the Texas Data Privacy and Security Act

Gray Reed on

The Texas Data Privacy and Security Act (TDPSA) is now in full effect, and this comprehensive legislation establishes stringent mandates on how consumer-related personal data of Texas residents should be collected, used,...more

Clark Hill PLC

Updated Competitive Bidding Threshold for Michigan Public Schools

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In accordance with Sections 1267 and 1274 of the Michigan Revised School Code, MCL 380.1267 and MCL 380.1274, the Michigan Department of Education (MDE) has issued its annual memorandum to establish the competitive bidding...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Apartment Complex Construction Project: Federal Court Addresses Insurance Coverage Dispute

A United States District Court (C.D. California) (“Court”) addressed in a September 27th Order insurance coverage issues arising out of the construction of an apartment complex in California. See The Haven at Ventura, LLC vs....more

Bradley Arant Boult Cummings LLP

Merely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client Privilege

Businesses who employ in-house attorneys frequently assume that copying their lawyer on internal communications shields the communications from discovery because of the attorney-client privilege. In 1981, the U.S. Supreme...more

Stark & Stark

Construction Liens - What is a Lien Fund?

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Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a construction lien. In...more

Cole Schotz

City of Yes Proposal Offers Increased Housing Development Opportunities

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For over a year now, the City of Yes (“CoY”) zoning update, which aims to bring back more flexibility and density in development across the City, has been a hot topic of conversation in the New York City development sphere....more

Bilzin Sumberg

Kansas City Chiefs’ Owner Should Look at This Good Idea From the Dolphins and the Rams

Bilzin Sumberg on

If only every sports team owner had it this good: Kansas City Chiefs CEO and controlling shareholder Clark Hunt is trying to decide whether to move his Kansas City-based team across the border from Missouri to the Kansas side...more

Robinson+Cole Construction Law Zone

New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable

Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is...more

Wiley Rein LLP

Five Lessons From Framaco Litigation: How Construction Contractors Can Best Position Themselves Before Filing Claims

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A string of recent decisions issued by the Civilian Board of Contract Appeals (CBCA) provide helpful reminders for construction contractors that have encountered difficulties in performance and are seeking relief from the...more

Bradley Arant Boult Cummings LLP

Alabama Supreme Court’s Recent Ruling on Indemnity Clauses Could Impact Construction Contracts: Key Drafting Considerations

Hark! A recent Alabama Supreme Court indemnity decision, Mobile Infirmary Association v. Quest Diagnostics Clinical Laboratories, may require you to retrieve your drafting pen. Although not a case involving a construction...more

Hogan Lovells

EXPO REAL 2024: Key Trends in the real estate sector

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Same procedure as every year after Wiesn: it’s Expo REAL time! Project developers, bankers, brokers, investors, owners and operators – and last but not least real estate lawyers, meet at EXPO REAL in Munich, Germany’s most...more

Hogan Lovells

UK Building Safety Act: new changes from an unlikely source

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The Leasehold and Freehold Reform Act 2024 (LAFRA) was passed swiftly on the final day of the last Parliament. As well as introducing long promised changes to leasehold enfranchisement and banning new leasehold houses, it...more

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