News & Analysis as of

Construction Project

Endangered Species Act/Notice of Intent to Sue: Environmental Groups Allege Violations Associated with Highway Construction

The Center for Biological Diversity (“CBD”) sent an October 16th Notice of Intent to Sue for Violations of the Endangered Species Act (“ESA”) in regards to the Longmeadow Parkway, Huntley Road and Illinois Route 62...more

Osceola County Proposes Development Moratorium of Three to Six Months to Implement Changes to Land Use Standards

On Monday, October 16, 2017, the Osceola County Board of County Commissioners voted (4-1) to direct County staff to draft a moratorium ordinance that would postpone County approval of new development applications for three to...more

Federal Court Holds That Under Louisiana Law, Actual Notice Of Cause Of Delay Satisfies Contractual Notice Requirement Despite...

by Pepper Hamilton LLP on

Parkcrest Builders, LLC v. Hous. Auth. of New Orleans, 2017 U.S. Dist. LEXIS 125012 (E.D. La. August 8, 2017) - The Housing Authority of New Orleans (“the Authority”) contracted with Parkcrest Builders, LLC (“Parkcrest”)...more

Do you know the full extent of your contractual obligations (and can you meet them)?

by Dentons on

In 125 OBS (Nominees 1) & Anor v. Lend Lease Construction (Europe) Ltd & Anor [2017] EWHC 25 (TCC), the court found the contractor liable for the highly publicised failure of glass panels at a prestigious building in London....more

UC Merced Celebrates One-Year Anniversary of Groundbreaking for 2020 Project

by Nossaman LLP on

This week, the Regents of the University of California and the University of California, Merced are celebrating the one-year anniversary of groundbreaking for the $1.3 billion, 1.2 million GSF UC Merced 2020 Project (the...more

A Lesson on Good Faith and Fair Dealing in Solar Construction

Late last year, a federal trial court in New York awarded a solar development company $11.6 million in damages against Suffolk County arising out of a dispute on a multi-site carport solar construction project. The basis for...more

Common Law/Clean Water Act Action: Lawrence County Landowners Lawsuit Challenging Lawrence County, Arkansas Bridge

A group of landowners and farmers (collectively “landowners”) filed an October 10th lawsuit in the United States District Court for the Eastern District of Arkansas against Lawrence County, Arkansas. See No. :...more

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State...

by Fisher Phillips on

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more

Hurricane Maria's Aftermath, Part II: Puerto Rico Government Provides Various Exemptions and Extensions to Multiple Upcoming...

by Littler on

In the aftermath of Hurricane Maria's catastrophic impact on Puerto Rico, in order to assist in rebuilding and recovery, Puerto Rico’s governor and several agencies have issued multiple exemptions to previously established...more

The Importance of Strictly Complying with Notice Requirements on Australian Projects

by Jones Day on

The Situation: Australian courts have regularly maintained that contractors must strictly comply with any express conditions for extra time or money under construction contracts, including conditions requiring written notice...more

U.S. Court Of Claims Denies Contractor’s “Superior Knowledge” Claim Against Owner Despite Owner’s Withholding Of Reports That...

by Pepper Hamilton LLP on

RDA Constr. Corp. v. United States, No. 11-555 C, 2017 U.S. Claims LEXIS 875 (Fed. Cl. July 27, 2017) - This case arises out of a public construction project at the Newport Naval Station. The Naval Facilities Engineering...more

Los cambios propuestos en las regulaciones de adquisiciones pueden facilitar las P3

by Bilzin Sumberg on

El condado de Miami-Dade, la jurisdicción más grande del sur de la Florida, está evaluando actualmente asociaciones público-privadas (P3) para varios proyectos de infraestructura importantes. Estos incluyen mejoras...more

Tic Toc Tic Toc: The Clock Is Running on Construction and Design Claims by the State of Connecticut Beginning October 1, 2017

Our readers may recall that Public Act No. 15-28 was signed by the Governor back in 2015, subjecting the State of Connecticut and its political subdivisions to a statute of limitations for asserting actions and claims arising...more

Lessons from a Liftboat Contract

by Gray Reed & McGraw on

Semco, LLC v. The Grand, LTD. is nominally about a $15 million liftboat construction contract and the legal issues one would expect after a long trial and a big verdict. This post is more about how to administer and perform a...more

Public Construction Contracts - Changes

by Ruder Ware on

The Wisconsin Legislature is considering a new bill that would significantly change requirements for competitive bidding of public construction contracts by local government units and school districts. Currently, school...more

Court Upholds San Francisco's CEQA Exemption for Telegraph Hill Project

by Holland & Knight LLP on

In Protect Telegraph Hill v. City and County of San Francisco (Sept. 14, 2017 Slip Opinion A148544, unpublished), the First District Court of Appeal upheld the City of San Francisco's determination that rehabilitation of a...more

Construction Contracts, Third Party Claims and Tort Law Liability

by Faegre Baker Daniels on

What tort obligations does a design professional on a construction project owe to non-parties — like, for example, the persons who will use what has been designed after it is built? Tort law involves the idea of a duty of...more

Merced and LA Mayor Win Big at P3 Awards

by Nossaman LLP on

The UC Merced 2020 Project was a big winner at P3 Bulletin’s annual P3 Awards ceremony held in Washington D.C. last month, claiming the Gold Award for Best Social Infrastructure Project, along with the Silver Award in the...more

Appellate Court Holds That The New Mexico Unfair Practices Act Applies To A “Services” Contract For The Construction Of A Home,...

by Pepper Hamilton LLP on

Fogelson v. Bozzone, 2017 N.M. App. LEXIS 58 (July 26, 2017) - In May of 2008, Wallen Development, LLC (“Wallen”) entered into a written agreement to construct and sell a new home to David and Corinne Fogelson...more

Proposed Changes to Procurement Regulations May Facilitate P3s

by Bilzin Sumberg on

Miami-Dade County, the largest jurisdiction in South Florida, is currently evaluating public-private partnerships (P3s) for several major infrastructure projects. These include multi-billion-dollar upgrades to the County’s...more

How High Is Too High – Measuring the Height of a Structure

by Farrell Fritz, P.C. on

Measuring the height of a structure may seem straight forward in the abstract but sometimes in practice that is not the case. Take for instance a recent Southampton Town Zoning Board application – Matter of the Application of...more

Currents - Energy Industry Insights - September 2017#4

U.S. Crude Exports to Asia May Shake Up Global Oil Pricing: Russell "The great disruptor that is U.S. shale oil is coming to Asia, as refiners in the energy-hungry region look to expand and diversify their sources of...more

A Once in a Lifetime Opportunity to Reduce a Property’s Taxes: A Supplemental Notice of Value

by Buchalter on

In the next few weeks, county assessors throughout Arizona will issue supplemental notices of value for the 2018 tax year. Supplemental notices are issued when there is new construction or additions, parcel splits or...more

Assignment Of Accounts Receivables And Factoring Agreements In The Construction Industry: How Can They Affect An Owner/Developers...

It is not uncommon that companies with cash flow problems or those that have a desire to be paid on expedited terms assign their accounts receivables as collateral for a secured loan or they factor them. This can happen in...more

When Your “Private” Project Suddenly Turns into a “Public” Project. Hint: It Doesn’t Necessary Turn on Public Financing or...

In 1931, during the Great Depression, the federal government enacted the Davis-Bacon Act to help workers on federal construction projects. The Davis-Bacon Act, also known as the federal prevailing wage law, sets minimum wages...more

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