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Construction Law Musings

Thoughts on the construction law landscape. By Christopher G. Hill.

http://constructionlawva.com

May 24
Stop Losing Proposal Competition

Stop Losing Proposal Competition

For this week’s Guest Post Friday here at Musings, we welcome back Matt Handal. Matt (@matthandal) provides proposal writing strategies that actually work at www.howtowritetheproposal.com. He is the author of Proposal Development…
May 22
Announcement: Get to “Cloud 9″ at the Clio Cloud Conference

Announcement: Get to “Cloud 9″ at the Clio Cloud Conference

My friends at Clio, the cloud based practice management software that I have used since starting my solo practice (I recommend you check it out by the way), will be hosting the inaugural Clio Cloud Conference on September 23 and 24, 2013 in…
May 20
Bond Principal Necessary on a Mechanic’s Lien Claim

Bond Principal Necessary on a Mechanic’s Lien Claim

As anyone that reads this construction law blog knows, mechanic’s liens are a big part of the Virginia landscape for a construction attorney like me. One option for dealing with a mechanic’s lien here in Virginia that we have not…

Rank this Week: 110

SC Bid Protests

Covers bidding, construction law and contracts. By Bryan Barnes.

http://scbidprotests.com

May 24
Vital To Turning Into A Locksmith

Vital To Turning Into A Locksmith

The Padres have gained the ideal-hander’s very last two outings at home, where by he is one-1 with a three.seventy eight Period in six starts off this calendar year. Bass has by no means confronted the Rangers. When looking for a new…
May 23
Rear Wheel Generate Vehicle

Rear Wheel Generate Vehicle

When all of the gasoline economical autos stated over offer excellent gasoline mileage. There is nonetheless 1 big Delma for several. That Delma is the actuality numerous can not afford to acquire any of these new cars for sale in evansville…
May 23
A Few Lockouts For An Car Locksmith

A Few Lockouts For An Car Locksmith

Lawrie has not faced Wednesday’s starter Yovani Gallardo (five-5, 4.23 Period), but other Blue Jays have. Rasmus has fared the ideal by likely 4 for 13 from him while Kelly Johnson (1 for nine), Yunel Escobar (one for seven) and…

Rank this Week: 131

Focuses on including international arbitration, real estate investment and land development, financing, foreign investment and tax, Miami’s new zoning code (Miami 21), public-private partnerships, hospitality, and construction in Miami, Florida. By Bilzin Sumberg Baena Price & Axelrod LLP.

http://www.newmiamiblog.com/

May 24
Florida Legislature Passes New Revised Limited Liability Company (LLC) Act

Florida Legislature Passes New Revised Limited Liability Company (LLC) Act

Steven LearThe New Florida LLC Act is Coming Soon On May 3, 2013, as the last piece of legislation to be enacted this session, the Florida House of Representatives unanimously passed the new Florida Revised Limited Liability Company Act (the…
May 21
Experts Predict Increased Growth in Miami Hotel Market in 2013

Experts Predict Increased Growth in Miami Hotel Market in 2013

Lori SchumacherThe Miami hotel market continues to be one of the most active hotel markets in the country. The impact from tourism and Miami’s location as a gateway city continue to attract real estate investors and the activity…
May 20
New Legislation Facilitates Public-Private Partnership

New Legislation Facilitates Public-Private Partnership

Eric SingerEarlier this month, the Florida legislature passed House Bill 85, which establishes statewide authorization and procedures for public-private partnerships. The law, which will be encoded as Section 287.05712, Florida…

Rank this Week: 487

On Solid Ground: The Mirick Real…

On Solid Ground: The Mirick Real Estate Law Blog

Covers news and commentary on real estate development, environmental and construction law. By Mirick O'Connell.

http://mirickrealestatelawblog.com/

May 21
Supreme Court To Weigh In: Is Your Forum Selection Clause Enforceable?

Supreme Court To Weigh In: Is Your Forum Selection Clause Enforceable?

The United States Supreme Court has taken the unusual step of choosing to weigh in on a construction dispute involving a Virginia forum selection clause. Forum selection clauses generally provide that disputes must be litigated in a…
May 15
What You Should Know About Teaming Agreements in the Construction Industry

What You Should Know About Teaming Agreements in the Construction Industry

This is the third installment in a series of posts on teaming arrangements in the construction industry. My first post in the series addressed teaming arrangements generally and described the two most common forms: joint ventures and teaming…
May 8
Commercial Landlord Must Wait Until End of Lease to Recover from Defaulting Tenant Says Supreme Judicial Court

Commercial Landlord Must Wait Until End of Lease to Recover from Defaulting Tenant Says Supreme Judicial Court

As we reported previously here, the Massachusetts Appeals Court ruled last year in 275 Washington Street Corp. v. Hudson River International, LLC that, in the absence of specific lease language to the contrary, “the bright-line rule…

Rank this Week: 493

Construction Law Monitor

Covers construction contracts, disputes and liens. By Wolfe Law Group.

http://www.constructionlawmonitor.com/

Oct 16
California Civil Procedure Series – How to File Suit

California Civil Procedure Series – How to File Suit

As an attorney in multiple states (California and Louisiana) there are many overlapping rules and theory of law that are transferable from jurisdiction to jurisdiction.
Sep 26
Tips to Stay Organized: Going Back to the Basic

Tips to Stay Organized: Going Back to the Basic

Technology is everywhere. We use it constantly throughout every hour of each day. While it has made our lives easier and more convenient, is it better than a time when we didn’t rely on it so much? Most would agree that yes, it is better,…
Sep 21
California Civil Procedure Series – Litigation Tip

California Civil Procedure Series – Litigation Tip

As an attorney in multiple states (California and Louisiana) there are many overlapping rules and theory of law that are transfe

Rank this Week: 548

Michigan Construction Law

Focuses on developments in Michigan construction law.

http://michiganconstructionlaw.blogspot.com/

Jan 14
New Law Expands Protection of Michigan's Anti-Indemnification Law

New Law Expands Protection of Michigan's Anti-Indemnification Law

The final days of 2012 saw a flurry of activity by the Michigan Legislature. Among the new legislation passed during an historic lame duck session was a significant legislative victory for contractors and design professionals. Public…
Mar 5
Federal Court Strikes Down Michigan Law Barring Project Labor Agreements, Finds that National Labor Relations Act Preempts State Law

Federal Court Strikes Down Michigan Law Barring Project Labor Agreements, Finds that National Labor Relations Act Preempts State Law

On February 29, 2012, U.S. District Judge Victoria Roberts issued an Order striking down the "Michigan Fair and Open Competition in Government Construction Act" (PA 98 of 2011) finding that its limits on project labor agreements (PLA)…
Feb 29
Test Wells Count as "Actual Physical Improvement" for Lien Priority, Michigan Court of Appeals Rule

Test Wells Count as "Actual Physical Improvement" for Lien Priority, Michigan Court of Appeals Rule

Test wells installed by a potential buyer prior to closing constituted a physical improvement, allowing a construction lien to attach prior to buyer’s closing and giving the lien priority over a mortgage granted at closing. The Michigan…

Rank this Week: 596

Construction Law Canada

Covers recent developments in construction law in Canada. By Thomas G. Heintzman.

http://www.constructionlawcanada.com/

May 20
The Mother Of All Tender Cases Revisited: Three More Issue

The Mother Of All Tender Cases Revisited: Three More Issue

The last article about the decision of the Superior Court of Ontario in Envoy Relocation Services Inc. v. Canada (Attorney General), 2013 ONSC 2034 considered the impact of that case upon the Contract A - Contract B…
May 12
The Mother Of All Tender Cases!

The Mother Of All Tender Cases!

The recent decision in Envoy Relocation Services Inc. v. Canada (Attorney General) certainly deserves the title of Mother of All Tender Cases. It is a judgment of over 1800 paragraphs in which Mr. Justice Annis of the Superior Court of…
Apr 29
Is There An Intermediate Position Between An Invitation To Tender And A Request For Proposal?

Is There An Intermediate Position Between An Invitation To Tender And A Request For Proposal?

Not all requests for bids issued by an owner are the same. A request for bids that will be binding on the chosen bidder is usually referred to as an Invitation to Tender. On the other hand, a request for bids which is not binding on the…

Rank this Week: 688

Colorado Construction Litigation

Covers construction litigation in Colorado. By Higgins, Hopkins, McLain & Roswell, LLC.

http://hhmrlaw.blogspot.com/

May 22
In Re Golba: The Knaubs v. Golba and Rollison, Debtors - Revisited

In Re Golba: The Knaubs v. Golba and Rollison, Debtors - Revisited

Roughly a year ago, this blog reviewed a bankruptcy court order finding an individual’s, Greg Rollison (“Rollison”), debt was non-dischargeable. The court found Rollison made false representations under §…
Apr 19
Colorado Senate Bill 13-052 Dies in Committee

Colorado Senate Bill 13-052 Dies in Committee

On April 17, 2013, the Colorado Senate Judiciary Committee voted, along party lines, to postpone indefinitely SB 52. Here is a link to the Denver Business Journal's story regarding the bill and its untimely demise: "Lawmakers kill…
Apr 16
Update on Colorado Senate Bill 13-052

Update on Colorado Senate Bill 13-052

Here is an update regarding SB 52 from Amie Mayhew, Executive Director of the Colorado Association of Home Builders:Yesterday, the Senate Judiciary Committee heard the proponents testimony on SB-52. Because the Senate was due back on…

Rank this Week: 745

Best Practices Construction Law

Construction-related blog focused on transportation, healthcare, technology and legal trends. By Stites Harbison PLLC.

http://www.bestpracticesconstructionlaw.com/

May 24
Five Questions to Answer Before Submitting a Claim for Increased Material Cost

Five Questions to Answer Before Submitting a Claim for Increased Material Cost

About a year ago, my wife turned vegetarian on me. I don't have any significant objection to eating more healthy and I like the fact that she has eliminated sugar and processed foods from our pantry. However, I constantly complain about the…
May 21
Best Practice: How to Track Increased Construction Costs for Proving Claim

Best Practice: How to Track Increased Construction Costs for Proving Claim

I previously blogged about the importance of using daily reports to prove construction claims. In addition to daily reports, the following records should be prepared and maintained in the normal course of business to help prove claims…
May 16
Tennessee Approves Pilot Program for CM/GC Project Delivery on Select TDOT Project

Tennessee Approves Pilot Program for CM/GC Project Delivery on Select TDOT Project

It has been some time in the making, but on May 13, 2013, Governor Haslam signed into law HB-0183, which authorizes a pilot program for the use of a construction manager / general contractor (CM/GC) project deliver method in the development…

Rank this Week: 824

Construction Industry Blog

Follows the construction industry and related legal topics. By Womble Carlyle.

http://wombleconstruction.blogspot.com/

Jul 20
Paradoxe

Paradoxe

For the past six months or so, I've been using ConsensusDOCS agreement forms wherever I can reasonably do so ---- meaning that I'm using them for projects on which there is not an owner or architect who insists on using AIA documents. I…
Jun 18
ConsensusDOCS for Public Contracts? Yes, In South Dakota

ConsensusDOCS for Public Contracts? Yes, In South Dakota

It will be interesting to see how quickly South Dakota begins using ConsensusDOCS for public contracts after the February 2009 legislation permitting the use of the "ConsensusDOCS 200 Standard Agreement and General Conditions Between Owner…
Mar 23
How do you measure damages when a construction blunder saves an owner $200 million?

How do you measure damages when a construction blunder saves an owner $200 million?

A recent story out of Las Vegas, covered in the NY Times, poses an interesting question for construction and real estate lawyers ---- what would be the measure of damages for defective construction, the result of which is estimated to save…

Rank this Week: 825

Real Estate & Construction Law…

Real Estate & Construction Law Blog

Features real estate and construction law updates and analysis. By Buckingham, Doolittle & Burroughs LLP.

http://www.realestateandconstructionlaw.com/

May 23
DBE Dilemma - Change of Control

DBE Dilemma - Change of Control

Construction contractors see certification as a Disadvantaged Business Enterprise (“DBE”) under the Federal Laws as a very valuable asset. Rightfully so! Federal mandates require DBE participation on virtually all federal…
May 16
Estoppel Certificates: Be Careful What You Sign

Estoppel Certificates: Be Careful What You Sign

If you are a landlord or tenant, or you represent landlords or tenants, then you are probably familiar with estoppel certificates. While estoppel certificates are commonplace in commercial leasing and often treated as simple…
Feb 15
Crain's Cleveland Shale Summit Gives Glimpse Into Future of Shale Production

Crain's Cleveland Shale Summit Gives Glimpse Into Future of Shale Production

On February 5, 2013 Crain's Shale Summit took place at Executive Caterers at Landerhaven. The event sold out quickly and appeared to be a great success in all respects. I attended and was quite impressed by the quality and variety of…

Rank this Week: 840

Supplemental Conditions

Covers construction law developments and litigation. By Wally Zimolong.

http://www.supplementalconditions.com/

May 23
Is the DOT’s DBE Program Failing

Is the DOT’s DBE Program Failing

(This post is a guest blog post from John Sullivan, Esquire. John specializes in DBE issues and disparity studies. His website is www.crosonlegalservices.com and his he can be reached via email at jcharlessullivan@yahoo.com) The…
May 15
Do Civic Associations Need to Be Contained or Protected?

Do Civic Associations Need to Be Contained or Protected?

Prescription drugs are an interesting paradox. When taken in the right dosage, prescription medicine can save your life. However, if you take too large of a dosage you risk killing yourself. Civic Associations that…
May 7
Philly Flags Firms for Flaunting DBE Rule

Philly Flags Firms for Flaunting DBE Rule

The City of Philadelphia flagged eleven (yes this one goes to eleven) prime contractors for flaunting the City of Philadelphia’s DBE rules according to the City of Philadelphia Office of Inspector General. According to the news…

Rank this Week: 926

Gravel2Gavel Construction Law Blog

Covers construction law, government contracts, infrastructure and public-private partnerships. By Pillsbury Winthrop Shaw Pittman LLP.

http://www.gravel2gavel.com/

May 23
Friday Features: Bay Area Construction Edition

Friday Features: Bay Area Construction Edition

There are quite a few major development projects taking place in the Bay Area. Here are some highlights that are catching the attention of both the Bay Area development community and the public at large:The San Francisco 49ers' newly named…
May 17
G2G Friday Favorites - Demolition Edition

G2G Friday Favorites - Demolition Edition

File this one under "you must be kidding": Builders destroy 2,300-year-old Mayan pyramid in Belize to use rubble for road fill. In New Jersey, crews tear down the Seaside Heights roller coaster, which has been sitting in the ocean since…
May 8
NY 1st Department Affirms Duty to Defend Freezer Manufacturer for Unfrozen, Ruined Cakes Under CGL Policy

NY 1st Department Affirms Duty to Defend Freezer Manufacturer for Unfrozen, Ruined Cakes Under CGL Policy

Last month New York's Supreme Court, Appellate Division 1st Department affirmed the Supreme Court, New York County's decision granting partial summary judgment in favor of an insured freezer manufacturer, I.J White Corp., which sought defense…

Rank this Week: 1055

Eminent Domain Blog

Covers condemnation and real estate law. By David B. Snyder of Fox Rothschild, LLP.

http://eminentdomain.foxrothschild.com/

May 24
NJ General Assembly Amends Redevelopment Eminent Domain Leg.

NJ General Assembly Amends Redevelopment Eminent Domain Leg.

The New Jersey General Assembly overwhelmingly passed a bill intending to “clarify” the use of eminent domain by a municipality and amending the due process provisions of the Local Redevelopment and Housing Law (LRHL) that fall…
Apr 29
Georgia Adopts Rules for Evaluation Appraisal

Georgia Adopts Rules for Evaluation Appraisal

The Georgia Real Estate Appraisers Board recently adopted its final regulations regarding standards for developing and reporting an “evaluation appraisal.” The regulations state that, where permitted by federal law and policies, a…
Apr 29
42 Appraisal Firms Form Valbridge Property Advisor

42 Appraisal Firms Form Valbridge Property Advisor

Forty-two U.S. appraisal firms announced March 18 that they now are operating as Valbridge Property Advisors. The new firm is comprised of independent, local-market valuation firms with each office run by the local practice leader who must…

Rank this Week: 1194

Kellen Bryant's Law Blog

Covers Florida estate planning, probate, and construction law issues.

http://kellenbryantlaw.wordpress.com

Jul 3
How to Start Estate Planning Conversations with Your Aging Parent

How to Start Estate Planning Conversations with Your Aging Parent

There are several aspects of estate planning in Florida that are less than fun, and that means that a lot of people choose to put the process off indefinitely. There’s the need to gather a lot of documentation together, pay for an estate…
May 29
10 Costly Application Mistakes that Delay VA Improved Pension with Aid and Attendance Approval

10 Costly Application Mistakes that Delay VA Improved Pension with Aid and Attendance Approval

As easy as it may appear on first sight through their online portal, applying for VA Aid and Attendance is not easy as sending the online form. Here are mistakes that will cost you when completing your application. Costly…
Apr 25
37 Types of Trusts Used to Protect Assets from Creditors, the Government, and other Predator

37 Types of Trusts Used to Protect Assets from Creditors, the Government, and other Predator

Used in estate planning, elder care planning, and other forms of financial management, trusts can provide protection from taxation as well as clear control of the dispensation of assets after someone dies. With a wide variety of protections…

Rank this Week: 1282

Infra Insight Blog

Covers infrastructure news, policy and industry developments. By Nossaman LLP.

http://www.infrainsightblog.com

Apr 22
FDOT Receives SOQs for I-4 Ultimate Project

FDOT Receives SOQs for I-4 Ultimate Project

The Florida Department of Transportation (FDOT) announced on April 19, 2013 that it accepted Statements of Qualifications (SOQs) from seven proposers in response to a Request for Qualifications for the I-4 Ultimate Project. The list of…
Apr 18
LA Metro to Hold Industry Forum for Sepulveda Pass Corridor

LA Metro to Hold Industry Forum for Sepulveda Pass Corridor

On May 1, the Los Angeles County Metropolitan Transportation Authority (Metro) will hold an industry forum to present initial concepts for several multimodal P3 projects that are being considered for the Sepulveda Pass Corridor in Los Angeles…
Apr 17
President's Budget Includes Funding For Two LACMTA Project

President's Budget Includes Funding For Two LACMTA Project

Possibly lost in the shuffle of the rollout last week is the news that the President’s budget proposal (PDF) includes $130 million to help fund two significant transit system improvements in Los Angeles, the Regional Connector and…

Rank this Week: 1356

The Builders Counsel Blog

Covers green building law, LEED legal topics, public contracting, liens & bonds & other progressive construction law topics. By Reiser Legal.

http://www.builderscounsel.com/

Apr 9
The Supreme Court Takes a Look at Forum Selection Clause

The Supreme Court Takes a Look at Forum Selection Clause

Here is a brief post that I published for ClaimKit, a surety data consultant, about a new Supreme Court case taking a look at forum selection clauses. Enjoy! Claim professionals have to be aware of the law. As part of your undying…
Feb 13
The GSA’s Big Green Building Decision Is, Rightfully, A Public One

The GSA’s Big Green Building Decision Is, Rightfully, A Public One

Every 2 months, I reemerge from my heavy workload to talk to you all on this blog. For years I was better at it; you could expect a post every two days. But at least I don’t appear as seldom as the GSA – the federal…
Dec 10
Greenbuild Announcements: Search Engines, Grants and Final Comments on v4

Greenbuild Announcements: Search Engines, Grants and Final Comments on v4

Wow, my Google Reader account was stuffed full of LEED today. Not that it’s incredibly strange to see LEED painted all over the news – because that could not be further than the truth – but for once it was a bounty of…

Rank this Week: 1538

Federal Construction Contracting…

Federal Construction Contracting Blog

Provides legal information and resources for federal construction contractors. By Payne Hackenbracht & Sullivan.

http://federalconstruction.phslegal.com/

May 21
OSDBU Seeks Guidance on Revisions to Verification Guideline

OSDBU Seeks Guidance on Revisions to Verification Guideline

By: Edward T. DeLisle & Maria L. Panichelli On May 13, 2013, the Department of Veterans Affairs’ (“the VA”) Office of Small Disadvantaged Business (“OSDBU”) published an advanced notice of proposed…
May 15
Ceiling Shattered for Women-Owned Small Businesse

Ceiling Shattered for Women-Owned Small Businesse

By: Edward T. DeLisle and Maria L. Panichelli We’ve all heard about the “glass ceiling” experienced by women in the workplace. The term “glass ceiling” first appeared in an article published by the Wall Street…
May 3
Miles Construction, LLC v. United States, No. 12-597C (Feb. 14, 2013), A Primer on Due Proce

Miles Construction, LLC v. United States, No. 12-597C (Feb. 14, 2013), A Primer on Due Proce

By Edward T. DeLisle and Maria PanichelliBack in February, we provided readers with an overview of a case that we litigated at the end of last year, Miles Construction, LLC v. United States, No. 12-597C (Feb. 14, 2013). The major focal point…

Rank this Week: 1597

DSV Construction Law Blog

Covers construction law, green building, and public contract law. By Drewry Simmons Vornehm, LLP.

http://drewrysimmonsvornehm.wordpress.com/

Feb 20
NLRB Holds Engineering Firm Committed Unfair Labor Practice

NLRB Holds Engineering Firm Committed Unfair Labor Practice

By: Christopher S. Drewry Over the course of the past year, the National Labor Relations Board (“NLRB”) is the federal agency that has arguably made the biggest push to expand its reach and relevance. While the National…
Feb 18
“Crowdfunding Architecture” – AIA Examines Innovative Approach to Project Financing

“Crowdfunding Architecture” – AIA Examines Innovative Approach to Project Financing

By: William E. Kelley, Jr., LEED AP BD+C What is “crowdfunding”? By definition, it is “the practice of funding a project or venture by raising many small amounts of money from a large number of people, typically via…
Feb 5
Court Holds Recess Appointments to the NLRB Were Unconstitutional

Court Holds Recess Appointments to the NLRB Were Unconstitutional

By: Christopher S. Drewry On January 25, 2013, the D.C. Circuit Court of Appeals handed down its decision in the case of Noel Canning v. National Labor Relations Board. While the facts of the case itself involve an unfair labor practice…

Rank this Week: 1750

Construction Litigation Law Blog

Covers cmmunity associations, EIFS, construction litigation and construction news. By the Construction Litigation Group of Stark & Stark.

http://blog.njeifs.com/

Nov 12
Recovering Damages Under the Statute of Repose

Recovering Damages Under the Statute of Repose

Under the statute of repose, no action to recover damages for any deficiency in the design, planning, surveying, supervision or construction of an improvement to real property may be brought more than ten (10) years after the performance of
Nov 5
How Does Equitable Tolling Affect the Running of the Statute of Limitations?

How Does Equitable Tolling Affect the Running of the Statute of Limitations?

The doctrine of equitable estoppel prevents a defendant from asserting the statute of limitations as a defense when the defendant has engaged in conduct that was calculated to mislead the plaintiff into believing that it was unnecessary to…
Oct 29
How Transition Affects the Statute of Limitations Analysi

How Transition Affects the Statute of Limitations Analysi

Rank this Week: 1775

Construction Law Blog

Covers construction litigation and legislation in Washington, Alaska and Oregon. By Ahlers & Cressman PLLC.

http://www.ac-lawyers.com/blogs.php

Nov 20
Beijing transit station and system

Beijing transit station and system

To view all the photos click here
Nov 20
Initiative 502's Impact on Drug-Free Workplace Policie

Initiative 502's Impact on Drug-Free Workplace Policie

On November 5, 2012, voters approved Initiative 502 (I-502) which legalized marijuana use in Washington State. Under I-502, which goes into effect December 6, 2012, adults age 21 and over in Washington State can no longer be arrested…
Nov 15
Hurricane Sandy A Wake Up Call To Strengthen U.S. Infrastructure – A Topic Lost In The Recent Presidential Campaign

Hurricane Sandy A Wake Up Call To Strengthen U.S. Infrastructure – A Topic Lost In The Recent Presidential Campaign

Hurricane Sandy was a stark reminder as to how vulnerable U.S.

Rank this Week: 1986

Law Under Construction

Covers legal news and developments in construction, surety, and green building law. By Ryan Bowers and Jennifer Watt.

http://lawunderconstruction.com/

Sep 17
Find me over at Contrast Mechanical

Find me over at Contrast Mechanical

I am pleased to announce that I am now the VP Operations and General Counsel at Contrast Mechanical Inc., Michigan’s leading mechanical contractor. Contrast specializes in commercial and industrial plumbing, HVAC, pipe-fitting and…
Nov 3
Pay attention contractors… first-ever prosecution in Indiana

Pay attention contractors… first-ever prosecution in Indiana

Anytime I read something that includes “first of its kind” and “prosecution,” I am naturally intrigued as a lawyer. When it also involves a contractor, it warrants a post here on Law under Construction.
Oct 13
Mechanic’s lien priority case reminds us: “equity follows the law”

Mechanic’s lien priority case reminds us: “equity follows the law”

LAW under CONSTRUCTION is back to its regularly scheduled programming. Some interesting cases have been decided over the last few months, including a recent decision from the Indiana Court of Appeals on mechanic’s lien priority. You may…

Rank this Week: 2146

Subrogation & Recovery Law Blog

By Cozen O'Connor.

http://www.subrogationrecoverylawblog.com

May 17
Recovering an Insured's Deductible - Texa

Recovering an Insured's Deductible - Texa

In a recent case out of the Seventh Court of Appeals of Texas, the court considered whether a waiver of subrogation provision waived an insurer’s claim for its insured’s uninsured losses or deductible. Am. Zurich Ins. Co. v.…
May 17
Recoverying an Insured's Deductible - Texa

Recoverying an Insured's Deductible - Texa

In a recent case out of the Seventh Court of Appeals of Texas, the court considered whether a waiver of subrogation provision waived an insurer’s claim for its insured’s uninsured losses or deductible. Am. Zurich Ins. Co. v.…
May 7
Ewing: Will My Construction Defect Claim Be Covered In Texa

Ewing: Will My Construction Defect Claim Be Covered In Texa

If you are a subrogation professional who handles construction defect claims in Texas, you may have heard references to the case of Ewing Construction Company v. Amerisure Insurance Company, 684 F.3d 512 (5th Cir. 2012). In Ewing, the…

Rank this Week: 2360

Florida Construction Law Update

Covers Florida construction law legislation, case law, trends and issues. By Cole, Scott & Kissane, P.A.

http://www.floridaconstructionupdate.com/

May 16
Recent Application of “Betterment” Defenses – Getting No More Than You Bargained For

Recent Application of “Betterment” Defenses – Getting No More Than You Bargained For

It has long been the law in Florida that a Plaintiff alleging faulty design or construction is entitled only to the reasonable cost of bringing the structure back to its “original condition,” plus costs of business interruption…
May 3
“Daubert” Standard for Expert Testimony in Florida?

“Daubert” Standard for Expert Testimony in Florida?

For years, Florida has been one of only 10 states that follow the “Frye” standard relating to the admission of expert testimony at trial. This may be changing, as a Florida Senate Panel recently advanced Senate Bill 1412 that…
Apr 25
Design Professional Limitation of Liability Law Approved by Governor

Design Professional Limitation of Liability Law Approved by Governor

The Design Professional Limitation of Liability Act outlined in the version of SB 286 that ultimately passed both the Senate and House has been approved by Governor Scott. Governor Scott signed the act on April 25th. The act…

Rank this Week: 2419

Construction Law in North Carolina

Discusses construction law issues in North Carolina. By Melissa Dewey Brumback.

http://constructionlawnc.com

Apr 26
Design-Build Advantages for Construction Projects (guest post)

Design-Build Advantages for Construction Projects (guest post)

Today we have a guest post from the folks at McCree General Contractors and Architects, located in Orlando. The McCree folks, naturally enough, think Design-Build has many features that make it advantageous over the…
Apr 26
Design-Build Advantages for Construction Projects (guest post)

Design-Build Advantages for Construction Projects (guest post)

Today we have a guest post from the folks at McCree General Contractors and Architects, located in Orlando. The McCree folks, naturally enough, think Design-Build has many features that make it advantageous over the…
Apr 5
What Architects & Engineers Need to Know about the New Lien Law

What Architects & Engineers Need to Know about the New Lien Law

I have previously discussed the ABCs of Lien Laws for those making claims on a project (that is, architects, engineers, contractors, subcontractors, and suppliers) and the 123s of Lien Laws for project owners. Now, time to learn…

Rank this Week: 2506

Illinois Construction Blog

Features news & commentary on legal developments in the construciton industry. By Foran Glennon Palandech & Ponzi.

http://www.illinoisconstructionlawblog.com/

Apr 25
Illinois Supreme Court Affirms Condo Owners' Right

Illinois Supreme Court Affirms Condo Owners' Right

In Palm v. 2800 Lake Shore Drive Condominium Association (2013 IL 110505), Gary Palm, attorney and Emeritus of Law, University of Chicago Law School professor, sought production of his condominium association’s financial…
Mar 21
Claims Arising out of Construction Accidents in Illinoi

Claims Arising out of Construction Accidents in Illinoi

The Illinois Institute for Continuing Legal Education (IICLE) recently published the 2013 edition of its Construction Dispute Litigation manual. This all-new title in IICLE’s Construction Law Library is devoted to the litigation…
Jan 18
Designers' Risk: The Dark Side of Going Green

Designers' Risk: The Dark Side of Going Green

The language and presumptions of sustainable “green” design are changing a significant portion of the landscape for all stakeholders in the construction and building-related industries. “Green” building impacts…

Rank this Week: 2226

N.C. Construction Law, Policy &…

N.C. Construction Law, Policy & News

Covers statutory, case law and other legal developments affecting North Carolina construction professionals. By Matthew C. Bouchard.

http://nc-construction-law.com/

Apr 1
N.C. Liens/Bonds, They Are A-Changin’ Part IV: The Lien Agent Rise

N.C. Liens/Bonds, They Are A-Changin’ Part IV: The Lien Agent Rise

In previous installments in this series, I discussed how last year’s lien and bond law revisions protect subs and suppliers via the “Bankruptcy Fix,” while also protecting prime contractors via double…
Mar 12
Local Bidder Preference Statute Introduced in North Carolina State Senate

Local Bidder Preference Statute Introduced in North Carolina State Senate

A bill was introduced in the North Carolina Senate yesterday that would give “local” bidders on public construction projects an advantage over “non-local” bidders. A copy of Senate…
Mar 7
N.C. Liens/Bonds, They Are A-Changin’ Part III: Double Payment Protection for GC’

N.C. Liens/Bonds, They Are A-Changin’ Part III: Double Payment Protection for GC’

For North Carolina general contractors, the big prize in last year’s lien and bond law legislation was protection from double payment exposure on bonded public contracts. Carolinas AGC lobbyist Dave Simpson has said on…

Rank this Week: 2215

Florida Commercial News

Covers Florida real estate, construction, finance and land development. By Eckstein Schechter Law.

http://www.floridacommercialnews.com/

Mar 27
Diabetes Research Institute Introduces DRI TV: Regular Updates on DRI's Progre

Diabetes Research Institute Introduces DRI TV: Regular Updates on DRI's Progre
Mar 25
MBA Releases 2012 Rankings of Commercial/Multifamily Mortgage Firms' Origination Volumes: News Release of the Week

MBA Releases 2012 Rankings of Commercial/Multifamily Mortgage Firms' Origination Volumes: News Release of the Week

MBA Releases 2012 Rankings of Commercial/Multifamily Mortgage Firms’ Origination Volumes Washington, DC (March 21, 2013) – Wells Fargo was the top commercial/multifamily mortgage originator in 2012, according to a set of…
Mar 20
Home Builders Look Forward to Getting Construction Loans for New Home Projects as New Bipartisan Bill Introduced in Congre

Home Builders Look Forward to Getting Construction Loans for New Home Projects as New Bipartisan Bill Introduced in Congre

A new bill is making its way through the House of Representatives right now that may meet with success up in Congress since it's a bipartisan effort: introduced yesterday, HR 1255 just may become law this year. (An identical version of this…

Rank this Week: 2305

Green Building Law

Covers legal issues related to green building and sustainable development. By Shari Shapiro.

http://www.greenbuildinglawblog.com/

Apr 10
Mind Your Administrative P's & Q's When Rejecting Energy Code Change

Mind Your Administrative P's & Q's When Rejecting Energy Code Change

The Court of Appeals of the State of New Mexico handed down a limited win for energy code advocates, holding that adopting changes to building codes that removed energy conservation provisions without any justification violated…
Mar 11
Pennsylvania Executes one of the First Residential Energy Efficiency Loan Bundling Transaction

Pennsylvania Executes one of the First Residential Energy Efficiency Loan Bundling Transaction

After long and diligent work, my own Commonwealth of Pennsylvania announced last week that it had successfully bundled 4,700 residential energy efficiency loans, and obtained $23 million in cash and $8.3 million in deferred payments, for a…
Mar 11
Pensylvania Executes one of the First Residential Energy Efficiency Loan Bundling Transaction

Pensylvania Executes one of the First Residential Energy Efficiency Loan Bundling Transaction

After long and diligent work, my own Commonwealth of Pennsylvania announced last week that it had successfully bundled 4,700 residential energy efficiency loans, and obtained $23 million in cash and $8.3 million in deferred payments, for a…

Rank this Week: 2711

Hawaii Attorney Blog

Covers Hawaii civil procedure and trial practice, commercial litigation, hawaii real estate litigation, mediation and arbitration, and personal injury. By Philip Brown.

http://legalblog.hawaii-attorney.net/

Dec 7
Honolulu Magazine Lists Philip R. Brown Among the Best Lawyers in Hawaii

Honolulu Magazine Lists Philip R. Brown Among the Best Lawyers in Hawaii

Philip R. Brown was once again listed in Honolulu Magazine’s annual issue of The Best Lawyers in Hawaii. Philip Brown is also listed in The Best Lawyers in America. Mr. Brown also has the highest ethical/legal rating (AV) from…
Sep 25
Hawaii Attorney Effie Steiger Named “Top 40 Under 40?

Hawaii Attorney Effie Steiger Named “Top 40 Under 40?

The National Trial Lawyers Association has selected Hawaii attorney, Effie Steiger, of the Law Offices of Philip R. Brown, for inclusion in “Top 40 under 40” trial lawyers in Hawaii.
Feb 28
Recovery of Hawaii Attorneys Fees (Part 2)

Recovery of Hawaii Attorneys Fees (Part 2)

As we wrote in our previous post regarding HRS § 607-14, “[t]he Hawaii Supreme court has defined an “assumpsit” case as a claim “for the recovery of damages for the non performance of a contract . . . as well as quasi contractual…

Rank this Week: 2508

Construction Law Today

Covers construction industry news and updates. By Joshua Glazov.

http://www.constructionlawattorneyblog.com/

Sep 25
Video: Plain Language Explanation of Cypress Creek and House Bill 3636

Video: Plain Language Explanation of Cypress Creek and House Bill 3636

Do you get a headache trying to navigate through the Illinois Supreme Court’s Cypress Creek decision on mechanic lien vs. mortgage priority and Illinois House Bill 3636 to seeking to overturn that decision? Here’s relief.
Jul 17
Fraud Claim Killer: The Contract Non-Reliance Clause–It’s Not Just For Securities Anymore (Part 2)

Fraud Claim Killer: The Contract Non-Reliance Clause–It’s Not Just For Securities Anymore (Part 2)

In Episode 1 of Fraud Claim Killer we talked about how the contractual non-reliance clause just became a lot more potent in the
Jul 16
Fraud Claim Killer: The Contract Non-Reliance Clause–It’s Not Just For Securities Anymore (Part 1)

Fraud Claim Killer: The Contract Non-Reliance Clause–It’s Not Just For Securities Anymore (Part 1)

Non-Reliance clauses: language in a contract where one (or more) of the parties affirms that in making their decision to enter into the contract, they’re relying exclusively on what’s written on the paper in the contract, and nothing…

Rank this Week: 2663

Green Building Law Update

Covers green building trends and regulations for the construction, design and insurance industries. By Chris Cheatham.

http://www.greenbuildinglawupdate.com/

Sep 17
A Green Building Game of Throne

A Green Building Game of Throne

"Winter is coming." This is the common refrain in the popular book, Game of Thrones, in which kings vie to take over lands. As I thought about the green building policy mess of 2012, I couldn't help but draw comparisons to Game of…
May 17
Federal Green Building Code Creates Unnecessary Risks and Cost

Federal Green Building Code Creates Unnecessary Risks and Cost

Someone recently asked me why I was baffled about the Department of Defense's decision to use both LEED and a green building code. Here are two reasons: 1. The policy is a waste of taxpayer money. 2. The policy unnecessarily…
Apr 2
Not April Fool's: Defense Department to Adopt Green Code and LEED

Not April Fool's: Defense Department to Adopt Green Code and LEED

In last week's post, I stated that the Army was abandoning LEED certification in lieu of a green building code based on ASHRAE 189.1. But it is now clear to me that I misinterpreted the testimony of Dr. Dorothy Robyn, Deputy Under…

Rank this Week: 2771

Home Contractor vs. Homeowner

Covers construction disputes, contracts, mechanic's liens and more. By Andrea Goldman.

http://andreagoldmanlaw.blogspot.com/

Apr 25
Worker's Compensation Information Available Online At the Massachusetts Department of Labor Website

Worker's Compensation Information Available Online At the Massachusetts Department of Labor Website

Mark Paskell first posted this at his blog,
May 25
The Lead-Based Paint Renovation, Repair and Painting Law Goes Went Into Effect on April 22, 2010

The Lead-Based Paint Renovation, Repair and Painting Law Goes Went Into Effect on April 22, 2010

Homeowners who are considering doing a renovation must know that if their homes were built prior to 1978, their contractors are required to follow certain procedures if they are going to disturb more than 6 interior square feet of paint or 20…
Jan 16
Exterior Remodeling Offers the Best Value for Home Improvement Project

Exterior Remodeling Offers the Best Value for Home Improvement Project

If you're trying to decide on a renovation project, here's one way to make your decision:http://www.realtor.org/rmodaily.nsf/pages/News2009121701?OpenDocument&WT.cg_n=RMO&WT.cg_s=RSSDaily

Rank this Week: 2940

K&L Gates Construction Law…

K&L Gates Construction Law Blog

A blog on legal issues, news, and regulations relating to the construction industry. Published by the Construction and Engineering Practice Group of K&L Gates.

http://www.klconstructionlawblog.com/

May 9
Determining the Scope of "Additional Insured" Coverage: Recent ISO CGL Insurance Form Revisions Merit Close Attention By Contracting Partie

Determining the Scope of "Additional Insured" Coverage: Recent ISO CGL Insurance Form Revisions Merit Close Attention By Contracting Partie

By Roberta D. Anderson, K&L Gates, Pittsburgh It is common among parties to sophisticated construction projects, service agreements, leases, and many other types of projects and transactions, to assess the risks associated…
Apr 23
Supreme Court of Minnesota Upholds Denial of Coverage to Additional Insured in the Absence of Vicarious Liability

Supreme Court of Minnesota Upholds Denial of Coverage to Additional Insured in the Absence of Vicarious Liability

By Andrew R. Stanton, Frederic J. Giordano, David R. Osipovich Introduction Construction contractors and subcontractors, as well as commercial policyholders generally, will wish to take note of a recent Supreme Court of Minnesota decision…
Apr 15
Welcome to the 22nd Edition of K&L Gates' Arbitration World

Welcome to the 22nd Edition of K&L Gates' Arbitration World

Welcome to the 22nd edition of Arbitration World, a publication from K&L Gates' International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house…

Rank this Week: 3177

Construction Law Info Blog

Covers recent developments in Construction Law. By Nissenbaum Law Group, LLC.

http://www.constructionlawinfoblog.com/

Apr 29
Are New York Property Owners Entitled to Common Law Indemnification for a Third Party’s Injury by a General Contractor if That General Contractor Did Not Control or Supervise the Worksite?

Are New York Property Owners Entitled to Common Law Indemnification for a Third Party’s Injury by a General Contractor if That General Contractor Did Not Control or Supervise the Worksite?

In McCarthy v. Turner Construction, Inc., 17 N.Y. 3d. 369 (2011), Boston Properties, Inc. and Time Square Tower Associates, LLC (collectively “Property Owners”) leased a retail storefront to Ann Taylor, Inc. (“Ann Taylor”).…
Jan 10
May a Spoilation of Evidence Claim Protect a Contractor From a Suit for Construction Defects?

May a Spoilation of Evidence Claim Protect a Contractor From a Suit for Construction Defects?

Under certain circumstances, a contractor who defectively completed a construction project may protect himself from a lawsuit by alleging that the plaintiff spoiled evidence of that defect. An example of this proposition is New Jersey…
Sep 19
At What Stage Of An Incomplete Construction Project Is the Statute of Repose Triggered In New Jersey?

At What Stage Of An Incomplete Construction Project Is the Statute of Repose Triggered In New Jersey?

The Statute of Repose is a law that provides a ten year bar for claims related to construction-related lawsuits for “any deficiency in the design, planning, survey, supervision or construction of an improvement to real property.” The ten…

Rank this Week: 3387

Adam Zasada's Ontario Construction…

Adam Zasada's Ontario Construction Law and Litigation Blog

Covers construction law and litigation in Canada and, in particular, the Province of Ontario. By Robson Carpenter LLP.

http://www.ontarioconstructionlaw.com/

Apr 13
Ontario Government to seek intervenor status in Waterloo Region’s appeal of OMB ruling

Ontario Government to seek intervenor status in Waterloo Region’s appeal of OMB ruling

Kitchener-Waterloo’s main journalistic rag, The Record, reports that the Ontario Government will apply to the Court to become an intervenor (an intervenor is a party added to a court proceeding as a result of an interest in…
Apr 8
Globe and Mail Interview: EllisDon CEO Geoff Smith: Building a different construction company

Globe and Mail Interview: EllisDon CEO Geoff Smith: Building a different construction company

Today’s online Globe and Mail posted a short but interesting article summarizing an interview of EllisDon’s President, Geoff Smith by the Globe & Mail’s Gordon Pitts. Read the article here. The most…
Mar 31
To arbitrate or litigate…that is the question

To arbitrate or litigate…that is the question

In the last decade or so, alternative dispute resolution (ADR) – mediation and arbitration – has come a long way. In fact, a good argument can be made that the “A” in ADR could probably be dropped. Briefly,…

Rank this Week: 3535

Washington Construction Law Blog

Covers bidding, claims, contract provisions, defect issues, indemnity, land use, liens, safety, surety, and warranty. By Davis, Wright & Tremaine.

http://www.waconstructionlaw.com/

Apr 2
In Alaska, Oil and Gas Leases Convey Property Rights; Permits Do Not

In Alaska, Oil and Gas Leases Convey Property Rights; Permits Do Not

By Lisa Doehl The Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” that an oil or gas project is in the state’s best interest, although subsequent permitting decisions must…
Apr 1
Is Your Floating Home a “Vessel?”

Is Your Floating Home a “Vessel?”

Early this year, the United States Supreme Court decided a case that could have had far-reaching effects on local land use regulations affecting floating homes. However, the Court’s opinion in this case, Lozman v. City of Riviera…
Feb 28
Getting the Lead Out

Getting the Lead Out

As originally published in the Daily Journal of Commerce Lead’s adverse effects on people, particularly young children, have been reasonably well understood for decades. Children afflicted by lead poisoning can suffer permanent brain…

Rank this Week: 3496

Sustainable Development

Covers green building and sustainable development news and resources. By Goodwin Proctor LLP.

http://www.goodwinsustainabledevelopment.com/

Jan 14
A Retroactive 28% Cap on Muni Bonds?

A Retroactive 28% Cap on Muni Bonds?

In recent fiscal cliff discussions, President Obama has floated the idea of a retroactive 28% cap on municipal bonds. A recent research report from Citi estimated that up to $150 billion bonds might be subject to mandatory calls at par…
Jan 10
Lost the Kings, but Got Federal Transit Funds for Light Rail

Lost the Kings, but Got Federal Transit Funds for Light Rail

It is no consolation prize for the City of Sacramento, but on the eve of the City losing the Sacramento Kings to the City of Seattle, the U.S. Department of Transportation announced that it will provide $135 million in federal matching money…
Jan 9
SCOTUS on the Clean Water Act

SCOTUS on the Clean Water Act

Yesterday, the Supreme Court of the United States, in Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., ruled that the flow of water from an improved portion of a navigable waterway into an unimproved…

Rank this Week: 3211

Alabama Insurance and Construction…

Alabama Insurance and Construction Law Blog

Covers construction collection efforts, construction defect claims, and construction contract terms. By Greg Vaughan, Esq.

http://www.bamalawblog.com/

Dec 29
Beware of tornado cleanup scammers--Story on Fox 10 TV

Beware of tornado cleanup scammers--Story on Fox 10 TV

Beware of tornado cleanup scammers Updated: Friday, 28 Dec 2012, 6:23 PM CST Published : Friday, 28 Dec 2012, 10:50 AM CST Steve Alexander Photojournalist: La-Keya Stinchcomb MOBILE, Ala. (WALA) - With two tornadoes striking the Mobile…
Dec 28
STORM RECOVERY CHECKLIST

STORM RECOVERY CHECKLIST

www.HolstonVaughan.com Storm Recovery Checklist By: Greg Vaughan, Esq. This list was prepared, from the homeowner’s perspective, to consider when recovering from a windstorm loss. Please consult a professional (i.e. builder, city…
Jun 19
Replacement Cost vs. Actual Cash Value

Replacement Cost vs. Actual Cash Value

Now is a good time to take your homeowner's insurance policy to your local insurance agent to review the types of coverage that you have. Ask your insurance agent whether or not your policy recovers the cost of "replacing" your possessions or…

Rank this Week: 3347

California Construction Law Update

By Kring & Chung Attorneys LLP.

http://www.kcconstructionlawupdate.com/

Nov 2
Using ASTM Standard E2128-12 to Defend Window Leak Claim

Using ASTM Standard E2128-12 to Defend Window Leak Claim

Consider two typical scenarios in construction defect litigation:
Oct 23
The Pitfalls of Acting as an “Owner-Builder”

The Pitfalls of Acting as an “Owner-Builder”

With the economy improving, many homeowners are beginning to perform previously delayed construction projects. However, finances can still be a major issue, which is one reason why some elect to forego hiring a general contractor and instead…
Sep 20
Homeowner Bill of Right

Homeowner Bill of Right

California homeowners and the California housing market received good news on July 11, 2012 when Governor Jerry Brown signed into law the Homeowner Bill of Rights. Effective January 1, 2013, the new law extends homeowner protections…

Rank this Week: 3486

Msquire's Musings

Covers the analysis and management of legal risks for entrepreneurs, small businesses, community associations (homeowners associations) and other non-profit organizations. By Linda E. Cummings.

http://msquire.wordpress.com

Dec 28
The Humor in Parenting a Child With Special Need

The Humor in Parenting a Child With Special Need

If you are the parent of a child with special needs engaged in the never ending struggle to advocate for your child’s right to an education, the term “special ed” does not tend to bring a smile to your face. Indeed, the idea that…
Oct 13
On Big Gifts in Small Package

On Big Gifts in Small Package

I struggled a bit for a title for this post, and I’m still not sure I got it right (but I’m thinking there might not be a “right” title for this one). Anyway . . . . Despite my best efforts to “catch up” on Columbus Day, this…
Oct 7
More on Electric Car Charging Stations – for Community Association

More on Electric Car Charging Stations – for Community Association

A reader of my post here sent me an e-mail message raising concerns about whether installing charging stations could make a community association an unlicensed electric power re-seller. The reader raised an important issue. As…

Rank this Week: 3403

Construction Owners & Builders…

Construction Owners & Builders Law Blog

Covers construction claims and disputes, construction contracts, construction defects, insurance, intellectual property and surety bonds. By Robert Williamson.

http://www.constructionownerslawblog.com/

Mar 7
Foundation Problems – Blame Global Warming or Your Contractor?

Foundation Problems – Blame Global Warming or Your Contractor?

“You love your home and then it turns on you,” The New York Times reports one homeowner said when he discovered the foundation of his home was cracking, crumbling and moving. Repairing unstable foundations costs homeowners around…
Mar 3
How Some Homebuilders and Developers Comitted Mortgage Fraud Scheme

How Some Homebuilders and Developers Comitted Mortgage Fraud Scheme

Some homebuilders and developers regrettably were involved in the massive mortgage fraud that helped trigger the present recession. A Federal Financial Institutions Examination Council (FFIEC) White Paper (PDF) labels one…
Mar 2
New Lead Paint Rules for Renovation of Homes Built Pre-1978

New Lead Paint Rules for Renovation of Homes Built Pre-1978

On April 21, new lead paint rules applicable to housing and certain child care schools and facilities built prior to 1978 go into effect. Lead exposure can cause brain damage; exposure prior to age six is especially dangerous.

Rank this Week: 3296

Legal Construction Zone

Covers construction, surety and green building law. By Jennifer Watt.

http://legalconstructionzone.com/

Apr 9
Whoops! I Thought You Were Someone Else – Quasi Public Project

Whoops! I Thought You Were Someone Else – Quasi Public Project

Recently, I had the pleasure to talk with Marilyn Odendahl from the Indiana Lawyer to discuss the Indiana Court of Appeals decision in Alva Electric, Inc., et. al. v. Evansville Vanderburgh School Corp., et. al., Case No.…
Oct 29
7th Circuit Upholds Surety’s Pay-If-Paid Defense in Indiana

7th Circuit Upholds Surety’s Pay-If-Paid Defense in Indiana

A recent 7th Circuit opinion suggests that Indiana will allow a surety to assert a contractor’s pay-if-paid defense and likely, by extension pay-when-paid defenses. These defenses have not been addressed directly by the Indiana Supreme…
Aug 10
Indiana Public Contracts Require Certification Regarding Investment in Iran

Indiana Public Contracts Require Certification Regarding Investment in Iran

In Indiana, many new laws went into effect on July 1, 2012. The General Assembly approved 160 bills this year. One law that went into effect on July 1st makes it illegal for the State of Indiana or a political subdivision to contract with…

Rank this Week: 4137

Real Property & Development Review

Covers real estate, construction, and land use laws in the Pacific Northwest. By Davis Wright Tremaine, LLP.

http://www.dwtrealestatelawnw.com/

Apr 2
In Alaska, Oil and Gas Leases Convey Property Rights; Permits Do Not

In Alaska, Oil and Gas Leases Convey Property Rights; Permits Do Not

By Lisa Doehl The Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” that an oil or gas project is in the state’s best interest, although subsequent permitting decisions must…
Apr 1
Is Your Floating Home a “Vessel?”

Is Your Floating Home a “Vessel?”

Early this year, the United States Supreme Court decided a case that could have had far-reaching effects on local land use regulations affecting floating homes. However, the Court’s opinion in this case, Lozman v. City of Riviera…
Feb 28
Getting the Lead Out

Getting the Lead Out

As originally published in the Daily Journal of Commerce Lead’s adverse effects on people, particularly young children, have been reasonably well understood for decades. Children afflicted by lead poisoning can suffer permanent brain…

Rank this Week: 5211

Florida Construction Lawyer Blog

Published By Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A.

http://www.floridaconstructionlawyerblog.com/

Mar 18
Florida Supreme Court Limits Economic Loss Rule Only to Product Liability Cases in Ruling on Lawsuit by Community Association Against Insurance Broker

Florida Supreme Court Limits Economic Loss Rule Only to Product Liability Cases in Ruling on Lawsuit by Community Association Against Insurance Broker

By Nicholas D. SiegfriedA 5-2 majority decision by the Florida Supreme Court in the case of Tiara Condominium Association v. Marsh & McLennan limits the legal principle known as the "economic loss rule" only to product liability cases,…
Mar 7
Firm's Michael Kurzman to Co-Chair, Elisabeth Kozlow to Speak at Construction Defect Process Seminars in Miami May 1 and Orlando May 3

Firm's Michael Kurzman to Co-Chair, Elisabeth Kozlow to Speak at Construction Defect Process Seminars in Miami May 1 and Orlando May 3

By Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A.Firm partners Michael J. Kurzman and Elisabeth D. Kozlow will be playing important roles at the Construction Defect Process full-day seminars taking place in Miami on Wednesday, May…
Mar 1
Florida Supreme Court Ruling Affirms Fifth DCA Decision That "In Pari Delicto" Defense Is Not Available to Unlicensed Contractor

Florida Supreme Court Ruling Affirms Fifth DCA Decision That "In Pari Delicto" Defense Is Not Available to Unlicensed Contractor

By Nicholas D. SiegfriedThe Florida Supreme Court recently issued a decision that has significant implications for contractors, subcontractors and property owners in Florida. On January 24, 2013, the court ruled in the case of Earth Trades,…

Rank this Week: 4311

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