News & Analysis as of

Construction Industry

REO Advisor 2018, Vol. 3

This edition of the REO Advisor examines the parameters of the REO holding or “grace period" and explores the limits of reconstruction projects at REO properties....more

You Are Your Brother’s Keeper. Direct Contractors in California Now Responsible for Wage Obligations of Subcontractors

If there’s one law from the 2017 Legislative Session that’s garnered a lot of attention in the construction press, it’s AB 1701. Under AB 1701, beginning January 1, 2018, for contracts entered into on or after January 1,...more

Intellectual Property for the Construction Industry

by Nexsen Pruet, PLLC on

Whether you realize it or not, contractors, subcontractors, owners and material suppliers face a myriad of issues related to intellectual property during a complex construction project, including patents, copyrights,...more

Out with the Old and in with the New: What Technological Trends Can the Construction Industry Expect in 2018?

As we embark upon 2018 we find ourselves not only reflecting on past accomplishments but also looking to  future goals for the upcoming year. Construction is a fast moving and ever changing industry which requires a real...more

“Paid in Full” Wives’ Tale True? When Endorsing A Check, Yes Ma’am!

by Burr & Forman on

Long before I was an attorney, I heard this tale that if you endorsed a check that had the words “PAID IN FULL” written on the check, then you were accepting the check as full payment of what was owed. But I had never really...more

Important Changes to CASPA May Occur In 2018

by Reed Smith on

The 2018 Pennsylvania legislative term may bring about significant changes to the Pennsylvania Contractor and Subcontractor Payment Act (CASPA). Two bills currently pending in the Pennsylvania House of Representatives and...more

10 Key Takeaways: Collaborative Relationships Between Owners & Contractors

Kilpatrick Townsend’s Pat Gaas and Brian Gaudet recently participated as panelists along with other key industryleaders at the 4th Annual EPC Contract Management Conference in Houston. Here are the key takeaways....more

Chapter 558 Pre-Suit Notice May Trigger an Insurer's Duty to Defend and Indemnify

by Rumberger Kirk & Caldwell on

The Supreme Court of Florida recently issued an opinion in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. SC16-1420, 2017 WL 6379535 (Fla. Dec. 14, 2017), which impacts an insurer’s duty to defend and...more

Fashion Trends for Design Professionals: Wearing Many Different Hats

by Faegre Baker Daniels on

With the rise in alternative project delivery systems, design professionals are often expected to provide services beyond those required under the “traditional mode.” As one may expect, this expansion of services can also...more

Contractors May Benefit by Taking Equity in the Project They are Constructing

Contractors may benefit in making a small equity investment in the projects they construct. The financial benefit can arise from the investment itself and from improved understanding and communication with the owner during...more

No Privity, No Problem: Louisiana Court Of Appeals Holds That Project Manager Owes A Duty Of Professional Care To General...

by Pepper Hamilton LLP on

Lathan Co. v. State, No. 2016-CA-0913, 2017 La. App. LEXIS 2277 (La. App. 1st Cir. Dec. 6, 2017). On December 6, 2017, the Louisiana Court of Appeals, First Circuit, reversed and remanded the trial court’s decision to...more

2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others

U.S. construction starts are expected to increase 3 percent to $765 billion in 2018 according to Dodge Data & Analytics in its 2018 Dodge Construction Outlook. But we may be approaching the end of a construction boom, at...more

EPA Memo Signals Plant Improvement Opportunities

by Jones Day on

A policy memorandum issued by the U.S. Environmental Protection Agency (“EPA”) during December 2017 clarifies how the agency will apply and enforce certain facets of the New Source Review regulations following a pair of...more

AOB Reform Bill Passes Florida House, Senate Future Uncertain

On January 12, 2018, the Florida House of Representatives passed a bill (HB 7015) that would dramatically affect the way contractors and their lawyers use assignments of benefits (“AOBs”) in first-party property insurance...more

Contractor Registration Requirements in Iowa

by Davis Brown Law Firm on

All construction contractors and companies who perform any type of construction work in Iowa are required to register with Iowa Workforce Development/Iowa Division of Labor and renew the registration annually. However,...more

When Does a Contractor Legally Abandon a Construction Project?

by Snell & Wilmer on

Lately, we’ve been spending more time as litigators pursuing and defending claims of abandonment against contractors. It has become apparent that abandonment is often misinterpreted in its legal meaning and effect. Here are...more

Premises Pollution Liability Policy: Missouri Appellate Court Addresses Insurance Coverage Issue

The Missouri Court of Appeals (Eastern District) addressed in a December 19th opinion a coverage issue involving a Premises Pollution Liability Policy (“ PPL policy”). See Hazelwood Logistics Center, LLC v. Illinois Union...more

Welcome Ontario's new Construction Act

by Dentons on

On December 5, 2017, Bill 142, the Construction Lien Amendment Act, 2017 (the Bill), was passed by a unanimous vote of the Ontario legislature. The Bill incorporates almost all of the recommendations set out in an in-depth...more

Is New York City’s Marx Brothers Playground a Park?  The Answer is No Laughing Matter

by Farrell Fritz, P.C. on

A fierce legal battle is currently being waged between preservationists and the City of New York (“City”) over a parcel of land in Manhattan’s Upper East Side, known as Marx Brothers Playground. The parcel, which is located...more

No blues for the Blues on rights to light

by Hogan Lovells on

There was much fanfare when Chelsea Football Club secured planning permission for redevelopment of Stamford Bridge last year. However, one family’s fight against the new stadium’s impact on its right to light had the...more

DC Circuit Upholds the New OSHA Silica Rule But Remands Medical Removal Protection Standard Issue

On December 22, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a unanimous opinion upholding most of the Occupational Safety and Health Administration’s (OSHA) 2016 revised workplace standard for...more

Mississippi Federal District Court Permits General Contractor’s Negligence Claim to Proceed Against Project Consultant Given...

by Pepper Hamilton LLP on

S. Indus. Contractors, LLC v. Neel-Schaffer, Inc., No. 1:17CV255-LG-JCG, 2017 U.S. Dist. LEXIS 196804 (S.D. Miss. Nov. 30, 2017) - This case arises out of the West Pier Facilities project at the Port of Gulfport,...more

A New Maryland Ruling on Development Rights and Responsibility Agreements- Score Another Round for the Developer

by Miles & Stockbridge P.C. on

The Maryland Court of Appeals recently heard and decided a case involving Development Rights and Responsibility Agreements. In my first blog post on this topic, “Development Rights and Responsibility Agreements: The Give and...more

Tax Reform Actualized and the Impact on Affordable Housing and Community Development

by Ballard Spahr LLP on

As we know, the President has signed what was originally titled Tax Cuts and Jobs Act, the most significant overhaul to the U.S. Tax Code since 1986. The President signed the Act into law after the first of the year in order...more

Client Alert: Florida Supreme Court Weighs in on CGL Carriers’ Duty to Defend Chapter 558 Claims

Since its enactment in 2003, Chapter 558, Florida Statutes (commonly referred to as Florida’s notice and opportunity to cure provision) has governed the pre-suit notice and opportunity to repair process between owners,...more

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