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…

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…

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…

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…

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…

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…

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…

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…

Like many professions, lawyers in Canada are governed and regulated by a provincial regulating body. In this province, lawyers are regulated by the Law Society of Newfoundland and Labrador. But in addition to their regulating body, many…

Upstream Parties Owe Downstream Contractors/Suppliers a Fiduciary Duty With Construction Funds The Texas Construction Trust Fund Act makes construction funds trust funds to protect payments to downstream contractors, subcontractors and…

United Galvanizing, Inc. v. Imperial Zinc Corp., 2010 WL 1268092, S.D.Tex. 2010 (March 25, 2010, Slip copy) United purchased a load of secondary zinc from Richker Metals.  The plaintiff used a portion of the load and refused the remaining…

It is difficult to determine the actual damages caused when a construction project is completed late. For this reason, owners often include liquidated damage clauses in their construction contracts to provide a formula to calculate damages…

  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…

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…

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…

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…

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…

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…