News & Analysis as of

Construction Industry

Can a CCIP Provide Workers' Compensation Immunity for Claims by Injured Employees of Subcontractors?

by Murtha Cullina on

In Connecticut, the answer was yes. Work-related injuries are an unfortunate reality in the construction industry, as are the lawsuits that often follow....more

Prevailing Wages: SB 96

by Best Best & Krieger LLP on

The following Q&A were from a recent Best Best & Krieger LLP free webinar “SB 96: Department of Industrial Relations’ New Prevailing Wage Penalties.” The webinar was presented as part of an ongoing series...more

Overview of the Revisions to AIA Owner-Contractor Construction Documents

by King, Krebs & Jurgens, PLLC on

Just as it did in 2007, when it issued a new set of construction contract documents to replace the existing 1997 set, the American Institute of Architects (“AIA”) recently issued its series of revised construction contracts....more

A Frustrating Exercise: Federal District Court In Iowa Declines To Grant Summary Judgment On Frustration Of Purpose Doctrine In A...

by Pepper Hamilton LLP on

Rembrandt Enters., Inc. v. Dahmes Stainless, Inc., No. C15-4248-LTS, 2017 U.S. Dist. LEXIS 144636 (N.D. Iowa Sept. 7, 2017) - On September 7, 2017, the Federal District Court for the Northern District of Iowa denied a...more

A Myth About Delay – Revisited

by Gray Reed & McGraw on

Construction lawyers routinely deal with delay claims. I have presented or defended more of them than I can remember. That is why I was curious when, earlier this year, I received a series of email invitations to...more

Client Alert: The New AIA (2017) Documents

The American Institute of Architects (“AIA”) revises its standard contract forms every ten (10) years and, in April 2017, released some of the revised documents for 2017. An additional 18 forms will be released later in...more

GAO Bid Protest Sustain Rate Remains High in FY 2017

The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. Of particular note, the report states that, “[o]f the protests resolved on the merits during fiscal year 2017, [GAO]...more

Court Finds General Contractor Liable For Subcontractor’s Employees

In a decision with potentially huge ramifications for the construction industry, the Fourth Circuit Court of Appeals found that employees of a framing and drywall subcontractor were also the employees of a general contractor...more

Contractors, Know Your Contracts!

by Cole Schotz on

Last week, New Jersey’s Appellate Division re-affirmed the principle that a court must strictly apply the terms of a construction contract when determining a dispute between contracting parties. Where the contract terms...more

Delays Again For Crane Operator Certification For Construction Industry

by Jackson Lewis P.C. on

In June we reported that OSHA intended to propose an extension of the November 10, 2017 compliance date for certification of crane operators. Last Thursday, November 9th, OSHA made it official, announcing in the Federal...more

Legal issues for those running UK construction businesses - (Planning, Health and Safety, Regulatory, House Building and...

by Dentons on

Welcome to our round-up of legal issues relevant to UK construction businesses. The summaries below contain updates and links to recent articles from colleagues specialising in planning, health and safety, regulatory or...more

LAWA Receives Technical Proposals from Three Teams for APM Project

by Nossaman LLP on

Los Angeles World Airports (LAWA) announced last Thursday that it has received three Technical Proposals in response to its Request for Proposals for the Automated People Mover (APM) project....more

Federal Tax Reform: Senate Proposal Repeals Advance Refundings but Keeps Private Activity Bonds

by Ballard Spahr LLP on

The Senate Finance Committee unveiled a section-by-section description of its tax reform package on November 9, 2017, including municipal bond provisions that reject efforts by the House Ways and Means Committee to terminate...more

2017 Standard AIA forms: A Summary of the Important Changes

by Reed Smith on

The American Institute of Architects (AIA) contracts, the most commonly used set of construction contract forms on commercial projects in the United States, recently released the second part of its once-in-a-decade updates to...more

Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

I read once that 97 percent of cases never go to trial. However, there are still the ones that do. And, then, there are the ones that do both. The following case, Global Modular, Inc. v. Kadena Pacific, Inc., California Court...more

In Dismissing Homebuyer’s Defective Construction Suit Against Contractor for Lack of Privity, Supreme Court of Utah Cautions...

by Pepper Hamilton LLP on

Tomlinson v. Douglas Knight Constr., Inc., 2017 Utah Lexis 132 (August 29, 2017) - This case arises out of the construction of a residential property. Lot 84 Deer Crossing (“Lot 84”) purchased the property and contracted...more

Osceola County Passes Ordinance Imposing Six-Month Moratorium on Certain Development

On Monday, November 6, 2017, the Osceola County Board of County Commissioners approved, by a 3-2 vote, an ordinance for a 180-day moratorium on certain types of development that require Comprehensive Plan Amendments (CPAs)...more

Town of Chelmsford, et al. v. Newport Materials, LLC, et al

by Goulston & Storrs PC on

In Town of Chelmsford, et al. v. Newport Materials, LLC, et al., C.A. No. 1681CV03455 (Mass. Super. Ct. Sept. 6, 2017), the Town of Chelmsford appealed a Westford Planning Board (“Board”) decision granting Newport Materials,...more

Past, Present, Future at P3 Bulletin’s Hub South Conference

by Nossaman LLP on

The United States has the largest emerging public-private partnership (P3) market in the world for infrastructure projects. Due to decreased tax revenue and shrinking budgets, many state and local governments in the southern...more

The Importance of Maintaining a Safe Construction Site

In October, a Florida jury found a general contractor liable for $45 million for the death of a motorist killed by one of the contractor’s trucks pulling out of a road construction job site. The case highlights the importance...more

Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC

by Goulston & Storrs PC on

In Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, No. MICV-2014-03136, 2016 WL 9753783 (Mass. Super. Nov. 18, 2016), appeal argued, SJC No. 2017-P-0113 (Mass. 2017), the trustees (“Trustees”) of the...more

Best in Law: Sole-Source Construction Contracts - Property Owners Whose Projects Require a Specific Brand or Proprietary Product...

by Best Best & Krieger LLP on

Commercial and residential property owners and managers engage in many projects to construct and maintain their properties. From interior and exterior painting, flooring and lighting to paving and asphalt coatings, such...more

Six Reasons Alternative Dispute Resolution May Be Right for Your Next Construction Project

by Faegre Baker Daniels on

For over a century, the United States construction industry has promoted the use of non-judicial dispute resolution methods. These alternative dispute resolution (ADR) methods enable construction entities to handle disputes...more

Complying with Lancaster’s Proposed Amendments to Lead Hazards Ordinance

by Barley Snyder on

Lancaster’s city council continues to target lead hazards in city rental units with a new version of a city ordinance. The proposed amendment that attorneys from Barley Snyder are tracking would impose certification and...more

Allocation of Risk in Construction Contracts

by White & Case LLP on

Risk in construction contracts - ‘Risk’, in a project delivery context, can be defined as ‘an event or set of circumstances that,should it occur, will have an effect on the achievement of the project’s objectives’. Risk...more

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