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Construction Civil Procedure

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

Legal Developments in Construction Law: October 2024

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1. AN AGREEMENT TO AGREE IS UNENFORCEABLE – OR IS IT? An agreement to agree is not enforceable.  For example, in a sale of goods contract, price is an essential ingredient, and if still to be agreed between the parties,...more

K&L Gates LLP

Welcome News for Developers: Temporary Expansion of the Victorian Off-the-Plan Duty Concession

K&L Gates LLP on

The Victorian State Government (the Government) has announced a temporary expansion of the off-the-plan duty concession for purchasers of residential apartments and certain townhouses. The measure is a part of the...more

Davis Wright Tremaine LLP

Contractors vs. Lenders – Who Has Lien Priority in Oregon?

When a construction project goes bad, there will often be more than one party looking for payment. The project owner might fail to pay both the contractor and the lender. If both the contractor and lender have liens, whose...more

Hogan Lovells

Die geplante Novelle des BauGB mit Fokus auf § 246e BauGB, dem „Bau-Turbo“

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Die von der Bundesregierung im Jahr 2021 geplante Novelle des Baugesetzbuches (BauGB) zur Förderung von Investitionen, Beschleunigung von Verfahren und Begrenzung von Baukosten hat große Erwartungen geschürt. Vor allem der...more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate & Construction News Roundup (10/23/24) – Construction Backlog Rebounds, Real Estate Sustainability Grows, and Split...

In our latest roundup, construction output decreased, office utilization unchanged, September apartment starts fell 15% from a year ago as developers pulled permits, and more!...more

DCI Consulting

Analysis of OFCCP’s Revised Construction Scheduling Letter, Part 2

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This blog is part 2 of an analysis of the new OFCCP scheduling letter for federal construction contractors. Section 503 and VEVRAA, Item 2 This item requires contractors to submit documentation that it provided notice of...more

Bricker Graydon LLP

[Event] Uniting for Action: A Discussion About Collaborative Solutions for South Central Ohio’s Housing Future - November 13th,...

Bricker Graydon LLP on

Local and state elected officials, community stakeholders, private developers, and employers are grappling with Ohio’s recognized lack of high-quality, workforce-attainable housing options. While Ohio has been successful in...more

JAMS

Multiparty Mediations: Strategies for Success

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Construction projects are often complex, involving many parties, materials and systems. Likewise, many construction-related disputes are complex because they involve multiple parties as well as complex technical and legal...more

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

Stoel Rives LLP on

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

Bilzin Sumberg on

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

K2 Integrity on

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

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