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Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.
Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Construction Enforcement/Solar Energy Facility: U.S. Environmental Protection Agency and Massachusetts Solar Company...

The United States Environmental Protection Agency (“EPA”) issued a May 21st news release stating it had entered into a settlement with Navisun, LLC (“Navisun”). Navisun is described as a solar energy company based in...more

Littler

Effective July 1, Minnesota Employers Face Increased Scrutiny and Possible Liability for Using Independent Contractors Versus...

Littler on

Governor Tim Walz has signed into law significant changes to Minnesota’s independent contractor and employment laws.  Effective July 1, all employers, as well as their owners, risk significantly increased penalties for...more

Lowndes

Smooth Transitions: HOA Turnover Tips for Florida Developers

Lowndes on

Developers who create residential subdivisions in Florida are typically obligated to form a homeowners’ association (HOA) to govern the community. Mandated by permitting authorities like counties, cities, and water management...more

BCLP

Hong Kong Security of Payment Bill Gazetted

BCLP on

The long-anticipated Construction Industry Security of Payment Bill (“Bill”) was gazetted on 17 May 2024 and was introduced into LegCo for its first reading on 29 May 2024. The Bill aims to establish a legislative framework...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Rules on 'Hours Worked'

The California Supreme Court answered a trio of questions from the Ninth U.S. Circuit Court of Appeals about “hours worked” under Wage Order No. 16, which governs the construction, drilling, logging and mining industries....more

Gray Reed

The Fine Print Matters: Five Contract Clauses Subcontractors and Suppliers Can’t Ignore

Gray Reed on

It never hurts to stop and take a minute to read what you are signing. This is especially true when entering into a contract with a new customer, vendor or on a new project. Your company (and your attorney) will thank you...more

Tonkon Torp LLP

Covenants in Development Financing – What to Expect

Tonkon Torp LLP on

Loan financing is a cornerstone of real estate development. It’s a rare project that has captive capital to finance the entire project, and many investors expect that their contributions will be leveraged with debt financing....more

Snell & Wilmer

What’s the Key to Arizona Mechanics and Materialmen’s Liens? Timing!

Snell & Wilmer on

In the last edition of Under Construction, we offered a basic introduction to Arizona’s mechanics and materialmen’s liens. This time, we discuss the issues related to timing of such liens...more

Dickinson Wright

New Ohio Power Siting Board Rules Take Effect May 30, 2024

Dickinson Wright on

On May 20, 2024, the Ohio Power Siting Board (“Board” or “OPSB”) “final filed” its revisions to the administrative rules governing the siting of power generation....more

Bradley Arant Boult Cummings LLP

Signature Lines Matter: When a Contract Amendment Is Not Really an Amendment

Construction law is largely a matter of contract law. Yes, there are federal and state statutes that deal with construction issues and, yes, construction cases sometimes involve tort claims, but more often than not,...more

Nossaman LLP

California Water Views - 2024 Outlook

Nossaman LLP on

Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more

Hogan Lovells

Building Safety Act: Remediation Order imposed on pension fund landlord

Hogan Lovells on

Michael Gove, the Secretary of State for Levelling Up, Housing and Communities, has secured a remediation order requiring a pension fund landlord to carry out fire safety remediation works totalling £15 million under Section...more

Bennett Jones LLP

Protecting Privilege on Construction Projects

Bennett Jones LLP on

Construction projects are often complex and involve many different parties and moving parts. This often necessitates a continued investigation of facts and assessment of legal rights and obligations to ensure that the owner...more

Burr & Forman

South Carolina Extends and Increases the State Abandoned Buildings Revitalization Tax Credit

Burr & Forman on

On May 20, 2024, South Carolina Governor Henry McMaster signed into law S.1021, a new law that extends and increases tax credits available to taxpayers who rehabilitate or renovate an existing, abandoned building. The new law...more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate & Construction News Roundup (5/22/24) – Federal Infrastructure Money, Hotel Development Pipelines, and Lab Space...

In our latest roundup, Virginia’s governor signs two bills into law, $929 billion in outstanding commercial mortgages come due, banks prepare for delinquencies related to office space, and more!...more

Bilzin Sumberg

Utilizing P3s for Transit Oriented Development

Bilzin Sumberg on

Traffic congestion, walkable communities and access to affordable housing are among the hottest issues people are paying attention to when deciding where to live and where not to live, and the way cities are tackling these...more

Miller Canfield

Use the Right Words and Claim Research Credits

Miller Canfield on

Issue: In Meyer, Borgman, and Johnson, Inc. v. Commissioner, the issue was whether the taxpayer’s (“MBJ” or “MBJ’s”) customers funded MBJ’s research activities. The court found that its customers did so, with the consequence...more

Bricker Graydon LLP

Ohio School Bidding Statute Update: Does your project require bidding?

Bricker Graydon LLP on

The bidding statute applicable to school boards in the state of Ohio is R.C. 3313.46. It requires public bidding in accordance with the statutory procedure when the school board “determines to build, repair, enlarge, improve,...more

Roetzel & Andress

My Safe Florida Condominium Pilot Program Offers Hurricane Mitigation Assistance

Roetzel & Andress on

House Bill 1029 established The My Safe Florida Condominium Pilot Program (the “Program”) effective July 1, 2024. This new Program aims to assist eligible condominium associations by offering hurricane mitigation inspections...more

Mintz

Clean Energy Developers Beware! EPA will prosecute you for runoff from your solar farm sites.

Mintz on

EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is worthy of your attention too. The press release announces a settlement between a solar...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 5, May 2024

Welcome to our fifth issue of 2024 for our construction industry insights e-newsletter - The Site Report. In our Ask the Attorney segment at the bottom of this e-newsletter, we tap Jonathan Deasy, Senior Attorney in our...more

Fox Rothschild LLP

Charlotte’s Contracts to Build Transit System are Inseparable Part of Government Function to Provide Service to Public

Fox Rothschild LLP on

The City of Charlotte’s Gold Line Streetcar extension, that brought the system to a 4-mile, 17-stop line, opened to the public in August 2021. But disputes about its construction (and payment for it) that stretched back to...more

Spilman Thomas & Battle, PLLC

Residential Contractor Boot Camp

Residential construction is difficult. Margins and schedules are tight. The demands by homeowners can be oppressive. And in the end, owners have to deal with every possible issue on their own. Then, if anything goes wrong,...more

Davis Wright Tremaine LLP

Material Price Surges: What They Mean for Construction and How To Cope

Once again, the construction industry is facing significant challenges due to material availability and price increases. Copper prices hit a record high on May 15, 2024, and have gained around 30% in 2024...more

Snell & Wilmer

Practical Tips for Negotiating an Effective Contractual Limitation of Liability

Snell & Wilmer on

In this author’s experience, the most effective contract terms are those that mirror the parties’ business expectations and negotiations and allocate risk in a fair and balanced manner. Some advocates treat contract...more

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