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Construction Law Musings

Construction Law Musings

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

http://constructionlawva.com
  • Jul 25

    Silver Lining? Economic Downturn Spurs Construction Dispute

    Silver Lining? Economic Downturn Spurs Construction Dispute
    For this week’s Guest Post Friday here at Musings, we welcome back Rob Pitkin.  Rob (@KCconstrlawyer) is an attorney with the Construction Law Group of Horn Aylward & Bandy, LLC in Kansas City, where he handles Construction…
  • Jul 23

    Should a General Contractor Tell a Sub that its Bid is Too Low?

    Should a General Contractor Tell a Sub that its Bid is Too Low?
    A recent article by my pal, and occasional guest poster, Craig Martin (@craigmartin_jd) asks the question: “Does a General Contractor Have to Tell a Subcontractor that its Bid is Too Low?”  In his great post on a recent…
  • Jul 14

    Shameless Plug Alert: Please Consider Construction Law Musings for the Blawg 100

    Shameless Plug Alert: Please Consider Construction Law Musings for the Blawg 100
    Yes, its that time of year again and nominations are open for the ABA Blawg 100.  Its also the time that I both thank you, the readers of Construction Law Musings that keep this maintaining this place worthwhile, for your readership and…
Rank this Week: 220

The Builders Counsel Blog

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: 436

Construction Law Today

Construction Law Today

Covers construction industry news and updates. By Joshua Glazov.

http://www.constructionlawtoday.com/
Rank this Week: 728

Real Property & Development Review

Real Property & Development Review

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

http://www.dwtrealpropertyreview.com/
Rank this Week: 773

Sustainable Development

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: 906

Construction Law Blog

Construction Law Blog

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

http://www.ac-lawyers.com/news
  • Jul 22

    Limitation of Liability, or Who's Left Holding the Bag

    Limitation of Liability, or Who's Left Holding the Bag
    The Limitation of Liability Clause is an increasingly important aspect of contracts involving design professionals. The Clause provides a cap on damages in the event of a breach. On its face the Limitation of Liability Clause seems to be…
  • Jul 17

    Public Agencies May Soon Be Required to Accept Retainage Bond

    Public Agencies May Soon Be Required to Accept Retainage Bond
    Most public works construction projects in Washington require public agencies to withhold a certain percentage of each progress payment as retainage until the completion of the project.  In Washington, retainage of 5% is established as a…
  • Jul 10

    Ways to Make the Construction Dispute Resolution Process More Efficient and Less Expensive - Part II

    Ways to Make the Construction Dispute Resolution Process More Efficient and Less Expensive - Part II
    This post is Part II of our discussion on resolving construction disputes less expensively and more efficiently.[i]  Read Part I here. Arbitration is a form of dispute resolution that is particularly well suited to construction…
Rank this Week: 957

Construction Law Monitor

Construction Law Monitor

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

http://www.constructionlawmonitor.com/
  • Jun 17

    Louisiana Public Contract Law: Material Supplier Notice Requirement

    Louisiana Public Contract Law: Material Supplier Notice Requirement
    In Louisiana public contracts and jobs have been gaining momentum for my clients. Over the past few years there has been a spike in public work and as these jobs reach completion contractors, subcontractors, equipment lessors, laborers and…
  • Jun 9

    Demand Letter: How An Attorney Letter Can Help You Get Paid

    Demand Letter: How An Attorney Letter Can Help You Get Paid
    In the legal and collection industry we call this document a demand letter, but in most other circles its simply known as an “attorney letter.” There are many people who are fearful of this type of correspondence and others who…
  • May 15

    What is a Construction Change Directive (CCD)?

    What is a Construction Change Directive (CCD)?
    The construction industry, just as any other industry has its own terminology or lingo. There are many examples such as “punch-list,” “lien” and “substantial completion” to name a few. No words are more…
Rank this Week: 1066

Green Building Law

Green Building Law

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

http://www.greenbuildinglawblog.com/
  • Jul 28

    Does The EPA Have A Thing Against Building Energy Codes?

    Does The EPA Have A Thing Against Building Energy Codes?
    What if there was a technology that had a 20 year track record of saving 4.8 quads of energy and 41 million tons of carbon, while saving consumers more than $44 billion over the past 20 years, and was anticipated to save consumers up to…
  • Jul 22

    Greater Energy Efficiency Could Be An Unlikely Outcome of the Ukrainian Crisi

    Greater Energy Efficiency Could Be An Unlikely Outcome of the Ukrainian Crisi
    It seems like an odd “butterfly effect”—a plane shot down over Ukraine could boost energy efficiency?  But it is not as far-fetched as it seems.  “Fuel switching”—changing power plants over to…
  • Jul 18

    Shari Founds Calliope Communications; Restarts GBLB

    Shari Founds Calliope Communications; Restarts GBLB
    I have received a lot of requests for me to re-activate GBLB, which I am excited to do as part of my new venture, Calliope Communications.   After 14 years in the corporate world, I founded Calliope to focus my work on research, policy…
Rank this Week: 1186

Florida Commercial News

Florida Commercial News

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

http://www.floridacommercialnews.com/
Rank this Week: 1194

Gravel2Gavel Construction Law Blog

Gravel2Gavel Construction Law Blog

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

http://www.gravel2gavel.com/
Rank this Week: 1295

Georgia Construction, Bond & Lien…

Georgia Construction, Bond & Lien Law Blog

Covers Georgia state law and information related to pending and recent changes to law affecting construction professionals. By Cobb Law Group.

http://cobblawgroup.net/blog
  • Jul 21

    Simple Tips for a Successful Construction Project

    Simple Tips for a Successful Construction Project
    by Mark A. Cobb I just read a very insightful and accurate description of what it means to be a contractor: We design and construct buildings but the reality is we are risk managers.  Virtually anyone could design or construct a project…
  • Jul 15

    Subcontractors Beware–File Liens and Do Not Rely On Anyone Else for Payment

    Subcontractors Beware–File Liens and Do Not Rely On Anyone Else for Payment
    by Mark Cobb It would be wonderful to live in a world where a handshake or a person’s word meant something. The Georgia Court of Appeals just handed down a verdict in First Bank of Georgia v. Robertson Grading which will make you…
  • Jul 7

    8 Simple Changes To Improve Your Construction Contract

    8 Simple Changes To Improve Your Construction Contract
    by Mark A. Cobb If you are a Georgia contractor or subcontractor who uses written contracts (and if you are not using written contracts, you should!), then this blog might save you some legal costs and or headaches.  To improve your…
Rank this Week: 1351

Eminent Domain Blog

Eminent Domain Blog

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

http://eminentdomain.foxrothschild.com/
  • Jun 28

    PA Considering Extending Time To Challenge Condemnation

    PA Considering Extending Time To Challenge Condemnation
    PA law requires that challenges to condemnations must be filed within 30 days of service of the Declaration of Taking. The document that is filed challenging the taking is called “Preliminary Objections.” HB 2387, currently being…
  • Jun 28

    PA Considering Amending Condemnation Fees And Expenses Reimbursement Statute

    PA Considering Amending Condemnation Fees And Expenses Reimbursement Statute
    The PA Senate is considering a bill which would make minor changes to the PA eminent domain statute providing for reimbursement for professional fees and expenses. Generally, PA requires reimbursement for up to $4,000 for those fees and…
  • May 31

    Tax Appeal Victory

    Tax Appeal Victory
    We recently had a significant victory in a large tax appeal case in Allegheny County, PA.  The property included 2 office buildings that were being transitioned from a single tenant to a multi-tenant property. There were 2 years under…
Rank this Week: 1462

Real Property & Development Review

Real Property & Development Review

Covers construction, environmental, land use and real estate law. By Davis, Wright Tremaine LLP.

http://www.dwtrealpropertyreview.com/
Rank this Week: 1477

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.bdblaw.com/publications-events/real-estate-and-construction-law-blog/
  • Jul 18

    TWO WORD$

    TWO WORD$
    By:  John Swansinger, Esq. “Condition precedent” is now perhaps the most important term in your Ohio construction subcontract following the Ohio Supreme Court’s recent decision in Transtar Electric, Inc. v A.E.M.…
  • Jun 25

    The Use of Transfer on Death Designation Affidavits as a Probate Avoidance Measure

    The Use of Transfer on Death Designation Affidavits as a Probate Avoidance Measure
    By:  Brenda S. Schwartz              Individuals owning real property in Ohio can use statutorily sanctioned transfer on death designation affidavits (TOD affidavits) as an…
  • Jun 25

    Real Property Tax: Ohio Supreme Court Rejects Recency Presumption for Sale Occurring 29 Months Prior to the Tax Lien Date

    Real Property Tax: Ohio Supreme Court Rejects Recency Presumption for Sale Occurring 29 Months Prior to the Tax Lien Date
    By: Richard Fry Former R.C. 5713.03 required a county auditor to consider a recent arm’s-length sale in determining a property’s true value for real property tax purposes. “The best evidence of the true value in money of…
Rank this Week: 1718

Supplemental Conditions

Supplemental Conditions

Covers construction law developments and litigation. By Wally Zimolong.

http://www.supplementalconditions.com/
  • Jul 17

    Failing to Understand DBE Regs Leads to Bid Rejection

    Failing to Understand DBE Regs Leads to Bid Rejection
    In an earlier post, I talked about bid challenges and rejections being one of the “hidden dangers” of failing to understand and follow DBE regulations.  I explained how strict minority set asides or quotas are almost always…
  • Jul 7

    5 Ways to Recover Your Attorney’s Fees When Litigating With the Government

    5 Ways to Recover Your Attorney’s Fees When Litigating With the Government
    Litigating a case against the government is an intimidating task.  The government has virtually unlimited resources at its disposal to wage its case.  Each side must bear it’s on costs of litigation, which means you must pay…
  • Jun 24

    Performing Work in Philadelphia? Several New Laws Impact the Construction Industry

    Performing Work in Philadelphia? Several New Laws Impact the Construction Industry
    On January 1, 2014, a series of changes to the City of Philadelphia’s licensing laws for construction contractors went into effect.  Moreover, on February 6, 2014 and May 14, 2014, Mayor Nutter signed additional changes into law,…
Rank this Week: 1704

Virginia Real Estate, Land Use…

Virginia Real Estate, Land Use & Construction Law

Covers Virginia real estate, land use, and construction law issues, such as green building and LEED. By Bean Kinney & Korman.

http://www.valanduseconstructionlaw.com/
  • Jun 20

    Look! Up in the Sky! It’s a…Plane!: Proposed FAA Policy Could Affect Building Height

    Look! Up in the Sky! It’s a…Plane!: Proposed FAA Policy Could Affect Building Height
    The Washington, D.C. metropolitan area has no shortage of airplanes flying over the region. There is also no shortage of developers and landowners who want to create the region’s landmark buildings and skyscrapers which may fall within…
  • Jun 12

    Out of State . . . Out of Mind?: Ensuring that Local and Out-of-State Construction Companies Play by the Same Rule

    Out of State . . . Out of Mind?: Ensuring that Local and Out-of-State Construction Companies Play by the Same Rule
    The construction industry is all too familiar with its perception as a means by which individual and corporate citizens alike may experience economic opportunity. Whether at the federal, state or municipal level, set-aside programs exist to…
  • Jun 3

    New Tools in the Zoning Game

    New Tools in the Zoning Game
    As of July 1, 2014, Virginia landowners will have a new tool to use in the zoning game.  On April 6, 2014, Governor McAuliffe signed SB 578 into law.  The bill provides a damages remedy for applicants seeking zoning or…
Rank this Week: 1724

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/
Rank this Week: 1573

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 15

    Understanding How to Effectively Team on a Federal Project Webinar

    Understanding How to Effectively Team on a Federal Project Webinar
    By: Edward T. DeLisle & Maria L. Panichelli  Teaming is a concept much discussed in the world of federal contracting, yet it is often misunderstood.   On May 7, 2014 Maria L. Panichelli hosted a webinar for Women Impacting…
  • Apr 7

    House Small Business Committee Approves Two Bills Designed to Help Small Business Contractor

    House Small Business Committee Approves Two Bills Designed to Help Small Business Contractor
    By: Edward T. DeLisle & Maria L. Panichelli A little over a month ago, Rep. Sam Graves, Chairman of the House Committee on Small Business, introduced a pair of bills designed to increase the participation of small business contractors in…
  • Mar 26

    SBA's Mentor-Protege Program - Are Changes on the Horizon?

    SBA's Mentor-Protege Program - Are Changes on the Horizon?
    By: Edward T. DeLisle I have been inundated with questions about the SBA's Mentor-Protege Program over the last six to eight months. That interest is being driven by what Congress included in the National Defense Authorization Act of 2013. …
Rank this Week: 1598

Green Building Law Brief

Green Building Law Brief

Covers green building and sustainability issues from a legal perspective. Edited by Will Pearce.

http://greenbuildinglawbrief.blogspot.com/
  • Apr 1

    Whiteford,Taylor & Preston Receives the President's Award from USGBC Maryland

    Whiteford,Taylor & Preston Receives the President's Award from USGBC Maryland
    On January 27, Whiteford, Taylor & Preston proudly accepted the President's Award from the USGBC-MD. WINTERGREEN, The Maryland Chapter of the U.S.
  • Apr 1

    Maryland Legislature Poised to Extend Option of "Benefit" Status to LLC

    Maryland Legislature Poised to Extend Option of "Benefit" Status to LLC
    Maryland limited liability companies that pride themselves on their commitment to environmental and social responsibility soon may be able to obtain legal recognition, separate from their less magnanimous competitors. If passed, Senate Bill…
  • Jun 30

    USGBC-Maryland's New Headquarter

    USGBC-Maryland's New Headquarter
    The USGBC Maryland Chapter will showcase its new Hunt Valley headquarters tomorrow, July 1, at 5:30 pm with a “See the Green Building Tour.”  For more information on the event and to register, click here. The new office is in Schilling…
Rank this Week: 1624

Green Building Law Update

Green Building Law Update

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

http://www.greenbuildinglawupdate.com/
  • Jul 27

    Lawsuit Over LEED Documentation

    Lawsuit Over LEED Documentation
    A case filed last week in a California court is a prime example of the importance of contract documents in a LEED project. Earlier this year the City of Palo Alto gave notice firing Flintco Pacific, Inc., the general contractor responsible…
  • Jul 7

    Lawyers' Opinions in Green Building Transaction

    Lawyers' Opinions in Green Building Transaction
    We are increasingly called upon to give legal opinions that a green building is LEED certified, ‘certifiable’ or otherwise really a green building. The purpose of a legal opinion given in a commercial real estate transaction is,…
  • Jul 2

    E-Cigarettes will be Prohibited in Future LEED Building

    E-Cigarettes will be Prohibited in Future LEED Building
    On July 1st the U.S. Green Building Council released a change to LEED classifying electronic cigarettes as a form of tobacco smoking for the purposes of the smoking prohibitions of the LEED Environmental Quality Prerequisite 2, Environmental…
Rank this Week: 1834

K&L Gates Construction Law…

K&L Gates Construction Law Blog

Covers legal issues, news, and regulations relating to the construction industry. By K&L Gates.

http://www.klconstructionlawblog.com/
  • Jul 24

    "MINT" Countries Focus in Arbitration World - July 2014

    "MINT" Countries Focus in Arbitration World - July 2014
    Welcome to the 27th 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…
  • Jul 24

    "MINT" Countries Focus in Arbitration World - July 2014

    "MINT" Countries Focus in Arbitration World - July 2014
    Welcome to the 27th 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…
  • Jul 16

    "2 Sign or Not 2 Sign:" Which Statute of Frauds Governs Oil & Gas Leases?

    "2 Sign or Not 2 Sign:" Which Statute of Frauds Governs Oil & Gas Leases?
    By George A. Bibikos, K&L Gates, Harrisburg and David I. Kelch, K&L Gates, Pittsburgh In a recent decision, the Pennsylvania Superior Court resolved an open question of state law regarding which one of two alternative statutes of…
Rank this Week: 1872

Construction Law in North Carolina

Construction Law in North Carolina

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

http://constructionlawnc.com
  • Jul 11

    Green Home Predictions That Are Best Poised to Come True in 2014 and Beyond (guest post)

    Green Home Predictions That Are Best Poised to Come True in 2014 and Beyond (guest post)
    Today, a guest post on the green design issues that are becoming realities from Penny Olmos, who is associated with Holloway Houston, Inc. a leading industrial lifting equipment manufacturing company.  Welcome, Penny! The scorching…
  • Jul 8

    Is your design professional construction contract too friendly? (law note)

    Is your design professional construction contract too friendly? (law note)
    My husband often travels the back roads between Chapel Hill and Fuquay Varina to visit friends.  En route (a circuitous route that goes past Sharon Harris Nuclear Power Plant, among other places), he passes by the “Friendly…
  • Jun 27

    RDU Terminal 1: Going Green

    RDU Terminal 1: Going Green
    Last week, I had the fortune to join the Triangle USGBC for its “Talk & Walk” about the RDU Terminal 1 renovation project and its sustainable features.  For those who haven’t had the chance, I recommend you check…
Rank this Week: 1931

Best Practices Construction Law

Best Practices Construction Law

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

http://www.bestpracticesconstructionlaw.com/
  • Jun 19

    “Sole Option” Arbitration Provision in Construction Contract Can Be Good

    “Sole Option” Arbitration Provision in Construction Contract Can Be Good
    Sometimes it is a race to the courthouse and dispute resolution for construction disputes can take many forms: litigation, mediation, arbitration, med-arb, dispute review boards, flip-a-coin, etc. Every now and then, I will review a…
  • May 12

    Are Construction Dispute Claims by the State Ever Time Barred? Depends.

    Are Construction Dispute Claims by the State Ever Time Barred? Depends.
    I have written before about statutes of limitation and statutes of repose relating to construction disputes. I recently learned that these principles may not apply to a public owner’s claims against design professionals and contractors.…
  • May 7

    Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claim

    Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claim
    Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. Government on two road projects in South Carolina.  The issue raises an important question:…
Rank this Week: 1761

Colorado Construction Litigation

Colorado Construction Litigation

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

http://www.coloradoconstructionlitigation.com/
  • Jun 10

    Taylor Morrison v. Terracon and the Homeowner Protection Act of 2007

    Taylor Morrison v. Terracon and the Homeowner Protection Act of 2007
    On January 30, 2014, the Colorado Court of Appeals decided the case of Taylor Morrison of Colorado, Inc. v. Bemas Construction, Inc. and Terracon Consultants, Inc. 2014WL323490. The case addressed a substantial issue of Colorado…
  • Apr 17

    Introduction of the Construction Defects Bill Has Been Stalled! Call or Email Senate & House Leadership Today!

    Introduction of the Construction Defects Bill Has Been Stalled! Call or Email Senate & House Leadership Today!
    Defenders of the failed status quo are fighting common-sense legislation that would take a first step to protect condominium and townhome owners from unexpected, costly and burdensome litigation – that they want no part of but get swept…
  • Jan 15

    Colorado Court of Appeals Decides the Triple Crown Case

    Colorado Court of Appeals Decides the Triple Crown Case
    In an earlier blog post, I discussed the case of Triple Crown Observatory Village Assn., Inc. v. Village Homes of Colorado, Inc., et al(2013 WL 5761028) because it presented the rare case where the Colorado Court of Appeals accepted an…
Rank this Week: 1772

Midwest Construction Law Blog

Midwest Construction Law Blog

Features legal articles, news and resources for Kansas, Missouri, Nebraska and Iowa contractors. By Spencer Fane Britt & Browne LLP.

http://www.spencerfane.com/midwestconstructionlaw/
  • May 19

    Contracts for Contractors – A Best Practices Guide (Part Two)

    Contracts for Contractors – A Best Practices Guide (Part Two)
    In my last post, I discussed the fact that the most important tool for a contractor is your written contract, which can help build a customer’s confidence in your company and avoid the types of misunderstandings and unrealistic…
  • May 13

    Contracts for Contractors – A Best Practices Guide

    Contracts for Contractors – A Best Practices Guide
    The most important tool for a contractor is your written contract. A good solid contract is the foundation for a positive experience for both you and your customers. It establishes a relationship with your customers, and builds their…
  • Apr 3

    Construction Site Stormwater: Turbidity Numeric Criteria Out, BMPs In

    Construction Site Stormwater: Turbidity Numeric Criteria Out, BMPs In
    On March 6, 2014, EPA published its final rule for construction activities which will require the use of best management practices (BMPs) in lieu of numeric criteria for turbidity. In 2009, 74 Fed. Reg. 62996 (Dec. 1, 2009), EPA first…
Rank this Week: 1786

Construction Law Info Blog

Construction Law Info Blog

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

http://www.constructionlawinfoblog.com/
Rank this Week: 1919

Hawaii Attorney Blog

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 12

    Philip R. Brown Named One of Hawaii’s Best Lawyers in Honolulu Magazine

    Philip R. Brown Named One of Hawaii’s Best Lawyers in Honolulu Magazine
    Philip R. Brown of the Law Offices of Philip R. Brown has once again been named to Honolulu Magazine’s Annual Best Lawyers in Hawaii.  This is the Fourth consecutive year that Mr. Brown has been listed among Hawaii’s best…
  • Dec 3

    Keep the North Shore Country Files Suit To Halt Expansion Of Turtle Bay Resort

    Keep the North Shore Country Files Suit To Halt Expansion Of Turtle Bay Resort
    On December 2, 2013, firm client Keep the North Shore Country (“KNSC”) filed a lawsuit asking the Circuit Court to require Turtle Bay Resort, LLC (“Turtle Bay”) to properly study the environmental impacts of its…
  • Nov 15

    Pro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney-Part 2

    Pro Hac Vice Admission Of Out Of State Counsel By A Hawaii Attorney-Part 2
    As we wrote in our previous blog (found here), the procedure in U.S. District Court pro hac vice admission is different than in Hawaii State Court since, generally, the mainland attorney seeking pro hac vice admission is already admitted to a…
Rank this Week: 1898

Subrogation & Recovery Law Blog

Subrogation & Recovery Law Blog

By Cozen O'Connor.

http://www.subrogationrecoverylawblog.com
  • Jul 22

    Effectively Connecting With A Jury In A Subrogation Trial

    Effectively Connecting With A Jury In A Subrogation Trial
    Consider this hypothetical: It is 2 a.m. on a Monday morning. John and Jill Smith are fast asleep in the master bedroom while their kids are asleep down the hall. John awakes to the noisy smoke detector and the smell of smoke coming from…
  • Jul 8

    Principal Architect Liability

    Principal Architect Liability
     The California Supreme Court, in Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (2014) DJDAR 8787, recently held that an architect which serves as principal architect on a project owes a duty of care to…
  • Jul 8

    Dispute Resolution Clauses (UK)

    Dispute Resolution Clauses (UK)
    The New Law Journal is likely to soon feature the following article by Rob Kay discussing the very recent English case of Emirates Trading Agency LLC v. Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm).  The decision…
Rank this Week: 2065

Construction Law Canada

Construction Law Canada

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

http://www.constructionlawcanada.com/
  • Jul 21

    Can An Arbitrator Decide An Issue Falling Within A Statutory Regime?

    Can An Arbitrator Decide An Issue Falling Within A Statutory Regime?
    The recent decision in Advanced Explorations Inc. v. Storm Capital Corp. dealt with the question of whether an arbitral tribunal has the authority to decide an issue arising out of a statutory regime over which a regulatory tribunal has…
  • Jun 29

    When May A Mareva Injunction Be Issued To Enforce An International Commercial Arbitration Award?

    When May A Mareva Injunction Be Issued To Enforce An International Commercial Arbitration Award?
    In Sociedade-de-Fomento Industrial Private Ltd. v. Pakistan Steel Mills Corp. (Private) Ltd, the British Columbia Court of Appeal recently considered the use of a Mareva injunction to enforce an award of an international commercial…
  • Jun 12

    Can A CCAA Order Affect The Priority Of Lienholders?

    Can A CCAA Order Affect The Priority Of Lienholders?
    In Mission Creek Mortgage Ltd. v. New Recreations Ltd., the British Columbia Court of Appeal recently held that a lienholder whose liens had been discharged by an order made under the Companies’ Creditors Arrangement Act (CCAA) upon…
Rank this Week: 2043

Grimshaw Blog

Grimshaw Blog

Covers construction and insurance issues in New Zealand. By Grimshaw & Co.

http://www.grimshaw.co.nz/wordpress/
Rank this Week: 2014

Construction Litigation Law Blog

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/
Rank this Week: 2054

Infra Insight Blog

Infra Insight Blog

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

http://www.infrainsightblog.com
Rank this Week: 2466

DSV Construction Law Blog

DSV Construction Law Blog

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

http://drewrysimmonsvornehm.wordpress.com/
  • Feb 11

    Waiver of Subrogation Applies to All Damages, Regardless of Whether Owner Secures Required Insurance

    Waiver of Subrogation Applies to All Damages, Regardless of Whether Owner Secures Required Insurance
    By: William E. Kelley, Jr., LEED AP BD+C The Indiana Court of Appeals, in a split decision, recently held that a waiver of subrogation clause in a construction contract serves to waive all claims for damage, where those damages are…
  • Sep 12

    The Fine Line Between Conditional Permits and Governmental Taking

    The Fine Line Between Conditional Permits and Governmental Taking
    By: Erik S. Mroz Property owners and developers take notice.  The recent U.S. Supreme Court decision in Koontz v. St. Johns River Water Management District (June 25, 2013) has broadened a property owner’s right to bring…
  • Jun 19

    7th Circuit Upholds Limitation of Liability Clause for Design Professional

    7th Circuit Upholds Limitation of Liability Clause for Design Professional
    By: William E. Kelley, Jr., LEED AP BD+C In a decision that should have both Owners and Design Professionals taking close notice, the U.S. Court of Appeals for the 7th Circuit recently upheld enforcement of a contractual limitation of…
Rank this Week: 2356

South Carolina Construction Law

South Carolina Construction Law

Discusses South Carolina construction law, including mechanic's liens, delay claims, and construction defect. By D. Ryan McCabe.

http://southcarolinaconstructionlawyer.com
Rank this Week: 2196

Harrison Law Group Construction…

Harrison Law Group Construction Notes

Covers construction contracts, guarantees, warranties and workplace policies.

http://constructionlawnotes.blogspot.com/
  • Apr 14

    Mike Pappas Featured in Building Baltimore Magazine

    Mike Pappas Featured in Building Baltimore Magazine
    Mike Pappas was featured in Building Baltimore Magazine's February 2009 Edition for his work with the ABC Joint Legislative Committee. Mike received a "Member of Distinction" Award in January 2009for his dedication and political action with…
  • Mar 26

    Mike Pappas in Video Interview by The Daily Record

    Mike Pappas in Video Interview by The Daily Record
    Mike Pappas was interviewed yesterday [March 25, 2009] at the Baltimore County Bar Association's Technology Expo, held at the Towson National Guard Armory from 11 am until 2 pm. Pappas, the chair of the Bar Association’s Technology…
  • Dec 3

    Employee Handbooks — Place and Purpose

    Employee Handbooks — Place and Purpose
    BY: Faith E. Harrison, EsquireOriginally Published In The HLG Constructor, September, 2008
Rank this Week: 2261

New Miami Blog

New Miami Blog

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/
  • Jul 25

    Positive Report for South Florida Commercial Real Estate

    Positive Report for South Florida Commercial Real Estate
    TREPP Analytics recently provided the U.S. commercial real estate industry some positive news – both the CMBS delinquency rate and seriously delinquent loans are down. The delinquency rate as of June 2014 is 6.05% (compared to 8.65% a…
  • Jul 24

    Miami Courts Drive Florida Business Law

    Miami Courts Drive Florida Business Law
    Recent opinions in corporate governance litigation make clear that Miami courts are leading the way in developing Florida case law governing key corporate governance issues. In Dinuro Investments, LLC v. Camacho, Judge John Thornton of…
  • Jul 23

    Retail and Tech in Miami Continue to Expand

    Retail and Tech in Miami Continue to Expand
    At the Beacon Council’s annual One Community One Goal Meeting, national retail department store Macy’s announced that it will be bringing its fashion incubator to Miami in order to foster and keep talent in Miami. In its two other…
Rank this Week: 2541

Accessibility Defense

Accessibility Defense

Covers the defense of accessibility claims under the ADA and FHA. By Richard Hunt.

http://accessdefense.com
  • Jul 22

    The danger of fighting a losing battle in ADA case

    The danger of fighting a losing battle in ADA case
    This is a short follow-up to my May 14 blog “know when to fold ‘em.” A couple of weeks after I published that piece a decision came out from the Northern District of Georgia that dramatically illustrates the risk of a…
  • Jul 14

    A victory for common sense: 11th Circuit FHA ruling rejects subsequent owner liability in multi-family housing

    A victory for common sense: 11th Circuit FHA ruling rejects subsequent owner liability in multi-family housing
    In a decision issued on April 14, 2014 the 11th Circuit provided a major victory for subsequent owners of apartments and other types multi-family housing. In Harding v. Orlando Apts. LLC, 748 F.3d 1128 (11th Cir. 2014) the Court…
  • Jul 14

    Good news for ADA defendants facing cut and paste pleading

    Good news for ADA defendants facing cut and paste pleading
    A pair of recent district court decisions provide some hope for defendants that federal courts are taking seriously the plaintiff’s obligation to plead an intelligible claim for relief. Unfortunately, the standard is still fairly low,…
Rank this Week: 2620

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/
  • May 26

    Leaky condos still a problem and aren’t going away for the foreseeable future

    Leaky condos still a problem and aren’t going away for the foreseeable future
    The headline is a little bit dramatic but, nonetheless, an article published on May 25, 2014 in the Vancouver Sun, written by Derrick Penner, called, Leaky condo crisis rears its head again in B.C. – Buildings that weren’t…
  • Mar 20

    Aging condos – bright days ahead for glazing trades?

    Aging condos – bright days ahead for glazing trades?
    Patty Winsa’s article Degrading condo windows expected to trigger major wave of replacements in thestar.com, published March 20, 2014, discusses the potential (and sobering) costs associated with large scale glazing (glass)…
  • Mar 6

    Leaky Condos – Lessons from British Columbia – A Few Things Every Property Manager Should Know

    Leaky Condos – Lessons from British Columbia – A Few Things Every Property Manager Should Know
    As promised in my January 25, 2014 post – the following is an article I wrote that was originally published in the Association of Condominium Managers of Ontario’s (ACMO) CM Magazine in 2009: I’m a litigation…
Rank this Week: 2680

Newfoundland and Labrador…

Newfoundland and Labrador Construction Law

Tracks construction law developments in Newfoundland and Labrador, Canada. By Adam Baker.

http://www.adambaker.net
  • Jul 5

    Mechanics’ Liens – Part I: What is a Mechanics’ Lien?

    Mechanics’ Liens – Part I: What is a Mechanics’ Lien?
    Modern usage of the word “mechanic” typically refers to the guy who fixes the engine in your truck. Prior to the rise of the automobile, though, the term was applied to any sort of skilled manual labourer, incuding carpenters and…
  • Jun 19

    Case Comment: Provincial Fence Products v Town of CBS

    Case Comment: Provincial Fence Products v Town of CBS
    A new decision from the Supreme Court of Newfoundland and Labrador revisits the classic issues of public bodies, cancelled tenders, privilege clauses, and allegations of bid shopping. In Provincial Fence Products Ltd. v Town of Conception Bay…
  • Sep 29

    Not Ready to Settle: Never Commit Unless You Mean It

    Not Ready to Settle: Never Commit Unless You Mean It
    If you’re ever been a plaintiff or a defendant, you know that a lot of lawyer time can be spent outside the courtroom trying to get to a settlement. Settlement negotiations can go south for a lot of reasons, but there’s one great way to…
Rank this Week: 2819

Construction Industry Blog

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: 2507

California Construction Law Blog

California Construction Law Blog

Construction law news and information from the Golden State. By Garret Murai.

http://calconstructionlawblog.com
  • Jul 28

    A Lesson in Patent Defect

    A Lesson in Patent Defect
    As years pass following construction of a project, patent versus latent defect issues can become the tail that wags the dog in construction disputes since each…
  • Jul 24

    Lawyers. We’re a Sad Bunch

    Lawyers. We’re a Sad Bunch
    A few (literally) depressing facts about lawyers: Lawyers rank 4th among professions in the rate of suicide. Number one? Dentists. Go figure. Lawyers are 3.6 times as…
  • Jul 21

    Just Because You’re in Line Doesn’t Mean You’re Gonna Get a Piece of that Proverbial Pie

    Just Because You’re in Line Doesn’t Mean You’re Gonna Get a Piece of that Proverbial Pie
    This past week two of my colleagues – Bruce Scheidt, our firm’s Managing Shareholder, and Bruce Emard – wrote about a new case involving lien priorities…
Rank this Week: 3253

Michigan Construction Law

Michigan Construction Law

Focuses on developments in Michigan construction law.

http://michiganconstructionlaw.blogspot.com/
  • Dec 2

    FAR Amendments Designed to Speed Up Payment to Subcontractor

    FAR Amendments Designed to Speed Up Payment to Subcontractor
    On November 25, 2013,  the DOD, GSA, and NASA issued a final rule amending the Federal Acquisition Regulations (FAR) to incorporate a new clause to provide accelerated payments to small business subcontractors.The new clause [FAR…
  • Sep 15

    Sixth Circuit Upholds Michigan Law Limiting Project Labor Agreement

    Sixth Circuit Upholds Michigan Law Limiting Project Labor Agreement
    On September 6, 2013, the Sixth Circuit Court of Appeals voted 2-1 to uphold the "Michigan Fair and Open Competition in Government Construction Act" (PA 98 of 2011).  The act prohibits a city, village, township or other governmental…
  • 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…
Rank this Week: 3021

California Construction Law Update

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: 3062

The Construction Contract Review

The Construction Contract Review

Covers Illinois construction law, contracts and litigation. By William J. Broderk.

http://www.theconstructioncontractreview.com/
  • Dec 30

    16 Green Building Innovations of 2010 | Jetson Green

    16 Green Building Innovations of 2010 | Jetson Green
    16 Green Building Innovations of 2010 By Preston | Topics: Lists, Technology |
  • Nov 30

    Making the Case for 'Clean Construction'

    Making the Case for 'Clean Construction'
    In the same way that LEED has transformed architectural design to improve energy efficiency and reduce greenhouse gas emissions, clean construction is emerging as the next big thing to revolutionize the building industry. via…
  • Oct 7

    Filing Mistake Invalidates $12.4 Million Mechanics Lien

    Filing Mistake Invalidates $12.4 Million Mechanics Lien
    Mechanic lien laws are highly technical, and they frequently change in unpredictable ways (see recent controversial example from Washington). We’ve expressed the sentiment a hundred times on this mechanics lien blog – it’s very easy…
Rank this Week: 3004

Msquire's Musings

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: 3110