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Snell & Wilmer

Practical Tips for Negotiating an Effective Contractual Limitation of Liability

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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

Freeman Law

Exemptions from Texas Sales and Use Tax and Construction Contracts

Freeman Law on

When the Texas Tax Code provides an exemption from sales and use tax, you’d think everything would be straightforward, right? Unfortunately, it’s sometimes not that simple, especially when it comes to construction contracts....more

Vinson & Elkins LLP

When You Walk Through a Storm: Legal Implications of Adverse Weather on Construction Contracts

Vinson & Elkins LLP on

The recent extreme weather events in the UAE, characterised by unprecedented rain and flooding, serve as a stark reminder of the broader implications such severe weather can have on construction projects. We explore these...more

JAMS

Reconstructing the Francis Scott Key Bridge Utilizing the Progressive Design-Build Method

JAMS on

Having awakened on the morning of March 26 to the devastating news of the collapse of Baltimore’s Francis Scott Key Bridge after being struck by the Dali container ship, I thought of the many times I crossed the bridge as a...more

Snell & Wilmer

Texas Amends Prompt Pay Acts to Address “Excessive Change Orders”

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U.S. Supreme Court Justice Louis Brandeis famously referred to states as the “laboratories of democracy.” The Texas legislative process is an unusual laboratory compared to most states. The Texas Legislature only meets once...more

Bilzin Sumberg

The Grace Period for Viable Claims Filed After Florida Amended the Construction Statute of Repose is Set to Expire on July 1, 2024

Bilzin Sumberg on

The grace period for claims that would have been viable under Florida’s 10-year statute of repose, but were no longer viable after Florida shortened the statute of repose to 7 years, is quickly approaching its expiration. On...more

Barnea Jaffa Lande & Co.

Court Ruling Could Change the Status of Lump-Sum Contracts

The construction sector uses two main types of contracts.   The first type, called a “measurement contract,” is a contract whose underlying principle is accuracy. In this type of contract, the contractor’s consideration...more

Polsinelli

Alabama To Offer State Tax Credit for Federal 4% LIHTC Projects

Polsinelli on

As affordable housing has continued to be a topic of concern across the United States, states are evaluating ways to spur and support affordable housing development. In response to affordable housing needs, Alabama became the...more

Blake, Cassels & Graydon LLP

Quebec’s Bill 62 Introduces Major Reforms to the Province’s Infrastructure Sector

On May 9, 2024, Quebec’s Minister responsible for Infrastructure, Jonatan Julien, introduced Bill 62, An Act mainly to diversify the acquisition strategies of public bodies and increase their agility in carrying out...more

Fox Rothschild LLP

Misclassification In Davis Bacon/Prevailing Wage Cases Is A Warning To Employers To “Be Careful Out There.”

Fox Rothschild LLP on

I have defended more than one hundred Davis Bacon Act and state prevailing wage cases. This is a much nuanced area of law with many minefields for the unwary employer, one of which is the issue of what trade or craft to pay...more

Stoel Rives LLP

New Federal Rule Banning Noncompetes May Impact Construction Industry

Stoel Rives LLP on

On April 23, the Federal Trade Commission issued Final Rule 16 CFR Part 910 RIN 3084-AB74 banning noncompete clauses nationwide. A noncompete clause or agreement is typically a binding contract that prevents a worker from...more

Pierce Atwood LLP

Avoid Litigation in Multiple Forums - Check the Additional Insured Endorsement

Pierce Atwood LLP on

While lawyers often advise owner and contractor clients to obtain the additional insured endorsements, the certificate of insurance (COI) remains the most common form of proof provided on many construction projects. But the...more

Snell & Wilmer

Colorado Legislature Considers Pair of Bills Which May Impact Colorado Construction Defect Claims – What Homebuilders Need to Know

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The Colorado General Assembly is considering a pair of bills which would modify the liability and exposure of homebuilders in Colorado. HB24-1230: Protections for Real Property Owners, introduced in the House of...more

Bradley Arant Boult Cummings LLP

Mistake No. 3 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Failing to Perform Due Diligence on Potential...

I have practiced law for 40 years, with the vast majority as a “construction” lawyer. I have seen great… and bad construction lawyering, both when on the other side of a dispute, as well as when serving over 300 times as a...more

Venable LLP

Virginia Contractors Can Overcome Sovereign Immunity and Sue the State Government, Even Where the Remedy Is "Equitable" Relief...

Venable LLP on

On May 9, 2024, the Supreme Court of Virginia held that a lawsuit alleging that the state government had procured a contractor's settlement of a contract dispute using economic duress and bad faith could proceed, rejecting...more

BCLP

Collaboration in Practice Under Singapore PSSCOC Option Module E and NEC4

BCLP on

Traditional contracting has, in recent years, come under increasing criticism for being, among other things, unable to handle increasingly complex projects as there is little incentive for employers and contractors alike to...more

Adams and Reese LLP

Mississippi Amends Code for Residential Roof Contractors; What Changes Do You Need to Know?

Adams and Reese LLP on

Residential roof contractors need to be aware of final amendments to a Mississippi state code that governs the interaction between a residential roofing contractor and a homeowner when insurance proceeds pay for some or all...more

Snell & Wilmer

Highlights of Recent California Legislation Affecting the Construction Industry

Snell & Wilmer on

The California Legislature recently passed about 1,300 laws and the Governor signed 893 of them into law. This continues a long run of California enacting approximately 1,000 laws a year. While it can be hard to keep up with...more

Farrell Fritz, P.C.

Tax Incentives Aim to Drive Real Estate Development Forward

Farrell Fritz, P.C. on

It has long been an accepted reality that very little real estate development gets done in New York State without the help of a myriad of tax incentive packages handed out by state and local governments—and the entities that...more

Williams Mullen

Virginia Adopts New Minimum Period of Validity for Solar and Residential Housing Permits

Williams Mullen on

Across the Commonwealth, localities have significantly varying periods of validity for permits related to solar developments, battery storage, and residential housing. From locality to locality, permit lengths may range from...more

JAMS

How to Prevent Frequent Contract Errors in Large Construction Projects

JAMS on

Fantastic news! The deal has come together—for construction of the steel bridge or for placement of the exterior panels on the downtown high-rise or for the dirt work at the site of the new energy plant. All the hard work,...more

Troutman Pepper

Data Centers: Demand, Development, and Future Challenges With Ali Greenwood — TAG Infrastructure Talks Podcast

Troutman Pepper on

Ali Greenwood, executive director in Cushman & Wakefield's Global Data Center Advisory Group, joins host Alan Poole to discuss historical, current, and future drivers of the demand and velocity of data center construction...more

Polsinelli

SCOTUS Decision May Limit Municipalities’ Ability to Collect Impact Fees

Polsinelli on

In April, the Supreme Court held in Sheetz v. County of El Dorado, California that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees. This will result in...more

Ankura

Mediating Construction Claims in Real-Time

Ankura on

Why Owners and Contractors Should Consider a “Third-Party Neutral” To Resolve Disputes Prior to the Completion of a Project - A Third-Party Neutral During Construction Primer - What Is a Third Party Neutral? A...more

Blake, Cassels & Graydon LLP

Projet de loi n° 62 : Vers une grande réforme du secteur des infrastructures

Le 9 mai 2024, le ministre responsable des Infrastructures, Jonatan Julien, a déposé le Projet de loi no 62 – Loi visant principalement à diversifier les stratégies d’acquisition des organismes publics et à leur offrir...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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