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Construction and the Neighbors
California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act
A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In...more
Construction disputes raise particularly challenging eDiscovery issues due to the diverse data types often involved, including CAD/design files, construction-specific project management databases, mobile phone data, and large...more
The court in AECOM v. Flatiron was back at it last week with rulings on the parties’ post-trial motions. As you may recall, the case was tried to a jury earlier this year. The jury returned a verdict for AECOM in the amount...more
Welcome to our eighth issue of 2024 for our construction industry insights e-newsletter - The Site Report. Atlantech Decision Enforces Important Lessons About Avoiding Double-Payment Jeopardy in North Carolina...more
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 representing a party and when serving over 300 times as a mediator or...more
A mechanics’ lien affords unpaid contractors, subcontractors, laborers, and/or material suppliers a security interest in the property’s real estate and title. A blanket lien is a type of mechanics’ lien that covers more than...more
Bricker Graydon's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims seminar. This seminar will cover: - Important construction concepts, including key contract language, best...more
Construction law cases can involve a broad variety of issues, including breach of contract claims, construction delays, structural deficiencies/construction defect claims, environmental issues, and regulatory claims, among...more
Construction projects are often complex endeavors involving multiple parties, intricate contracts, and significant investments. Despite meticulous planning, disputes can arise, posing challenges that require legal expertise...more
Dans l’affaire Pinnacle Living (Capstan Village) Lands Inc. v. Fairway Recycle Group Inc. (l’« affaire Pinnacle Living »), la Cour d’appel de la Colombie-Britannique (la « CACB ») s’est récemment penchée sur la capacité d’un...more
In Pinnacle Living (Capstan Village) Lands Inc. v. Fairway Recycle Group Inc. (Pinnacle Living), the British Columbia Court of Appeal (Court) recently considered the ability of an owner to obtain a discharge of a lien by...more
In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory...more
Q.D.S. Development, Inc. v. National Lining Systems, Inc., 2024 WL 357984 (Fla. 3d DCA Jan. 31, 2024) - It is common in construction disputes between sophisticated parties for the parties to agree to engage in a bench trial,...more
Many construction contracts call for disputes to be decided by arbitration under the auspices of the American Arbitration Association (AAA). In 2024, the AAA amended its rules governing AAA construction industry arbitrations....more
New Jersey’s version of The Uniform Enforcement of Foreign Judgments Act (“UEFJA”) permits “any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit” to...more
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
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
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
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
On March 1, 2024, the American Arbitration Association (the “AAA”) amendments to its Construction Industry Arbitration Rules (the “Rules”) became effective. The newly amended Rules seek to modernize aspects of the arbitration...more
Construction arbitration has evolved significantly over the years. As the industry continues to evolve, so too do the trends and practices within construction arbitration. This article looks at some of the emerging trends...more
In the demanding realm of construction, where time and money are paramount, dispute resolution boards (DRBs) stand out as a unique and underused asset. The key to unlocking their full potential lies in dispelling common...more
In this Insight, Zaynah Mirza considers the case of CLS Civil Engineering Ltd v WJG Evans and Sons (a partnership) [2024] EWHC 194 (TCC) which concerned a number of issues including whether the terms of the letter of intent...more
Many construction contracts, especially on private projects, contain alternative dispute resolution provisions. These provisions often incorporate the Construction Industry Rules and Mediation Procedures of the American...more
I have practiced law for 40 years, with the vast majority of that time spent 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...more