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Construction Updates

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

VA Obtains $685 Million for Construction and Renovation Projects

by Davis Wright Tremaine LLP on

The U.S. Department of Veterans Affairs has set aside $685 million in congressional funding for several State Veterans Home construction projects. The projects will be funded through the VA State Veterans Home Construction...more

New Project Information Form Required For Appeals To The City Of Philadelphia Zoning Board Of Adjustment

by Fox Rothschild LLP on

The City of Philadelphia Zoning Board of Adjustment has imposed a new requirement for filing Appeals. As of April 9, 2018, an applicant seeking a variance or special exception from the Zoning Board of Adjustment must submit...more

Federal Agencies Sign MOU to Require “One Federal Decision” on Major Infrastructure Projects

by Perkins Coie on

On April 9, 2018, the heads of a dozen federal agencies executed a memorandum of understanding on implementation of Executive Order 13807, which directed federal agencies to expedite environmental review and permitting for...more

Greentree Reservoir (Ouachita County, Arkansas)/404 Permit Application: U.S. Army Corps of Engineers (Vicksburg District) Public...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) has issued an April 19th public notice referencing an application for an after-the-fact Clean Water Act 404 permit for work conducted in Ouachita...more

Apologize for a design error? (law note)

by Melissa Dewey Brumback on

Have you ever apologized to a client for a failure in your professional work? Is that a good idea, or one that will get you in trouble with your partners/ lawyers/ insurance carrier/ the Court? As always, the answer is “it...more

Expediting Bid Protests

by Bilzin Sumberg on

Last week, the Rand Corporation, which just completed an analysis of the federal bid-protest system, announced that one thing the federal government has been doing particularly well is resolving bid protests quickly–the...more

Be Aware of Sovereign Immunity - Construction and Procurement Law News, Q1 2018

Sovereign immunity is the legal doctrine, dating back to the days of the British monarchy, that a sovereign or state cannot commit a legal wrong and is immune from suit: in essence, “the king can do no wrong.” ...more

Lien on Me (When Your Priority’s Gone) - Construction and Procurement News, Q1 2018

Imagine this scenario. You are the developer for a new mixed-used facility as part of a city’s revitalization effort. Months went into clearing all of the zoning and financing hurdles. But now, everything is in place. All...more

Multi-Jurisdictional Licensing in the Expanding Solar Industry - Construction and Procurement Law News, Q1 2018

As the solar industry expands into new jurisdictions, developers and contractors seeking to break into a new market should carefully evaluate their risks and opportunities....more

Federal Court Holds That It Lacks Subject Matter Jurisdiction To Review VA’s Decision To Begin Debarment Proceedings Since That...

by Pepper Hamilton LLP on

Hope v. Dep’t of Veterans Affairs, 2018 U.S. Dist. LEXIS 28479 (E.D. Ark. Feb. 22, 2018) - This matter involved a motion for temporary restraining order and preliminary injunction (the “Motion”) filed by Richard Alan Hope...more

Pay IF Paid: It Means What it Says - Construction and Procurement Law News, Q1 2018

Pay when paid clauses are common in the construction industry. A typical pay when paid clause sounds something like this: “Prime Contractor will not pay Subcontractor until Prime Contractor receives payment from Owner.” ...more

Apartment and Condo Developers in California Take Note: Court Clarifies Calculation of School Impact Fees

Under California’s Education Code (section 17620), a school district can levy a fee on new residential construction for the purpose of funding new or improved school facilities to help meet the demand created by the new...more

Homeowners Association Land Use Approval Process Is Protected Activity Under Anti-SLAPP Statute

by Perkins Coie on

The California Court of Appeal for the Fourth District has determined that the actions of a homeowners association undertaken in accordance with its land use approval process are protected activities in furtherance of free...more

Compliance with Contractual Provisions to Procure Insurance: The Illusion of Coverage Provided by Certificates of Insurance

by Jaburg Wilk on

Commercial contracts often require the party with less bargaining power to procure insurance for the party with more bargaining power as a way to shift risk and potential liability. General Contractors often require a...more

Unstable Foundations: Following Industry Standards During Design Not Enough to Absolve Design/Build Contractor of Liability -...

MT Højgaard A/S (Respondent) v E.ON Climate & Renewables UK Robin Rigg East Limited, involved the construction of foundation structures for an offshore wind farm. The Supreme Court of the United Kingdom analyzed whether a...more

Rebuilding Texas: Design-Build in Public Procurement

In this article, the authors will explore the design-build delivery method under the Texas public procurement statutes. Design-build is a project delivery method in which the public owner hires one entity to perform both the...more

Contractor Denied Insurance Coverage for Delay, Contract, and Property Damage Claims

A recent decision from the Northern District of Ohio denied insurance coverage for claims involving construction delays, breach of contract, and property damage claims. See Maxum Indemnity Co. v. The Robbins Co., No. 1:17 CV...more

Property Owner Entitled to Rely on Zoning Administrator Advice

by Snell & Wilmer on

In the recent case of In Re Langlois/Novicki Variance Denial, 175 A.3d 1222, 2017 VT 76 (2017), the Vermont court addressed the question of whether a property owner could enforce – by equitable estoppel principles – a...more

Worried About OSHA Silica Compliance? Not if You’re in One of These Five States

With the Occupational Safety and Health Administration’s (OSHA) silica standard already in effect for the construction industry and about to go into effect in June of 2018 for general industry, many employers are anxious...more

Choosing a Damages Methodology for Certain Construction Claims

In any construction dispute resolution process, not only does a claimant have to prove liability of the other party, but the claimant must also prove damages to prevail on its claim. The proof of damages element to...more

Court Of Appeals Upholds Impactful Decision In The Gilbane Case

As we wrote in April 2017, the case of Gilbane Bldg. Co./TDX Constr. Corp., v. St. Paul Fire & Mar. Ins. has become the harbinger of the insurance world in regard to the effectiveness of an additional insured endorsement. On...more

Another Appellate Court Holds that Faulty Work Constitutes an Occurrence – This Time Under New York Law

It is axiomatic that in order to obtain insurance coverage a policyholder must first establish that a claim falls within a policy’s insuring agreement before coverage under the policy is triggered. For construction claims...more

Florida Construction Contracts: Significant Changes In The 2017 AIA Documents – Digital Data Use And Transmission

by Fox Rothschild LLP on

Because of advancements in the use of digital technology in the administration of construction contracts, the 2017 AIA documents now default to the AIA’s Digital Data Use and Transmission protocol established in 2013 as set...more

Infrastructure Series: Agencies Establish One Federal Decision Framework for Project Reviews

by WilmerHale on

This is the seventh issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

Nevada Supreme Court Affirms that Arbitration Agreements in CC&Rs are Binding and Enforceable

by Payne & Fears on

In a win for residential developers seeking an alternative forum to resolve construction-defect claims, the Nevada Supreme Court rules that arbitration agreements in CC&Rs are enforceable. Based on the following, the court...more

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