News & Analysis as of

Construction Project Remedies

Miller Starr Regalia

Down Another CEQA “Rabbit Hole”: Second District Upholds Project Description in Los Angeles County’s EIR For North Area General...

Miller Starr Regalia on

“It’s like déjà vu all over again.” Yogi Berra - In a (mostly) published opinion filed October 24, 2024, the Second District Court of Appeal (Div. 2) affirmed the trial court’s judgment denying a writ petition in a CEQA...more

Holland & Knight LLP

California Legislature Passes Major Reforms for "Builder's Remedy" Projects

Holland & Knight LLP on

California law requires cities and counties to regularly plan for new housing development and to prepare and adopt housing elements that formalize these plans. For those cities and counties that fail to adopt housing elements...more

Warner Norcross + Judd

How the MBTFA Protects Subcontractors, Suppliers and Owners

Warner Norcross + Judd on

The Michigan Builders Trust Fund Act (MBTFA), MCL 570.151 et seq. was signed into law in the early years of the Great Depression to protect people from fraud and misappropriation of funds in the construction industry. During...more

Bricker Graydon LLP

Mechanics' liens and public improvements: A primer

Bricker Graydon LLP on

Mechanics' liens on public construction projects are a fact of life. Although they may seem familiar, it does not pay to regard them too casually. Mechanics' liens are statutory creatures, and anyone dealing with them needs...more

Benesch

Enough About Force Majeure! What Other Options Does a Construction Contractor Have for COVID-19 Pandemic Losses?

Benesch on

Much is being written about owners and contractors relying on force majeure provisions in construction contracts as the primary remedy for contractor delays caused by government shutdowns, labor shortages, supply chain...more

Butler Snow LLP

New Construction Lien Legislation in Tennessee

Butler Snow LLP on

Changes to Remedies in Lien Enforcement Actions - New legislation in Tennessee has limited the recovery of attorney’s fees, expenses, and actual and liquidated damages in instances where a real property owner seeks to...more

Rosenberg Martin Greenberg LLP

Just Say No…To The Condemning Authority’s First Offer, That Is.

Public infrastructure projects are on the rise, from new transit systems to comprehensive highway renovations and everything in between.  Behind the scenes, some governmental body is fast at work acquiring private land along...more

White & Case LLP

Liquidated damages in energy projects

White & Case LLP on

In a noteworthy decision to participants in the energy industry, the High Court of England & Wales examined what constitutes a valid liquidated damages clause in the event of delayed completion of a solar project. And last...more

Troutman Pepper

Analysis: Prevailing Party In Jury Trial Finds Uncertainty In Remedies Available Under Pennsylvania Contractor And Subcontractor...

Troutman Pepper on

Since 1994, Pennsylvania law has provided enhanced remedies for prevailing in a payment dispute arising out of a construction project. The prevailing party in a recent jury trial discovered uncertainty in the precise...more

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