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Construction Law blog

By Holland & Hart LLP.

http://www.hhconstructionlaw.com/

Sep 19
Non-breaching party may choose between liquidated damages and actual damages if the contract so allow

Non-breaching party may choose between liquidated damages and actual damages if the contract so allow

By: Timothy Gordon The Supreme Court of Colorado has held that a contractual provision that gives a non-breaching party the option of choosing between recovery of liquidated damages and pursuing actual damages is enforceable so long as the…
Aug 10
Housing Crisis in Colorado May Get Worse: Anti-Growth Initiatives Slated for Lakewood and Colorado

Housing Crisis in Colorado May Get Worse: Anti-Growth Initiatives Slated for Lakewood and Colorado

By: Rebecca W. Dow, Esq. Denver’s housing market was recently named as one of the top four overvalued markets in the nation by CoreLogic (a leading provider of consumer, financial and property information), due to rising home prices as…
Jul 11
Force Majeure Clauses in Development Agreement

Force Majeure Clauses in Development Agreement

By: Clay Karwisch A recent Idaho Supreme Court case has important lessons for drafting force majeure clauses in development agreements. In Burns Concrete v. Teton County, the Idaho Supreme Court held that a force majeure clause in a…

Rank this Week: 1097

New York Accident Lawyer Blog

Covers workers compensation, construction, employment, and injury law. By Oresky & Associates, pllc.

https://www.oreskylaw.com/en/blog/

Sep 19
Using a Defendant’s Guilty Plea on a Vehicle and Traffic Law Violation in Your New York Auto Accident Case

Using a Defendant’s Guilty Plea on a Vehicle and Traffic Law Violation in Your New York Auto Accident Case

There are multiple ways to secure a successful outcome in your auto accident case. While winning on liability after trial is a positive outcome, receiving the same result without having to go to trial could be even better for you. Depending…
Sep 14
Who’s to Blame When a Live Electrical Cable Harms a Manhattan Worker?

Who’s to Blame When a Live Electrical Cable Harms a Manhattan Worker?

A worker at a Manhattan construction project was injured when he contacted a live electrical wire. The accident occurred because no one knew the wire was live. In this case the court found that the owner and general contractor failed to…
Aug 30
Getting Your Day in Court in Your New York Pedestrian Injury Case, Even in the Face of Difficult Fact

Getting Your Day in Court in Your New York Pedestrian Injury Case, Even in the Face of Difficult Fact

Sometimes, your injury case may be something that is obviously strong. All facts seem to point in your favor. However, what should you do if your case isn’t like that? What if you were hit crossing outside the crosswalk or crossing…

Rank this Week: 1113

The Lien Zone Construction Law…

The Lien Zone Construction Law Blog

The Lien Zone is a construction law blog for Florida contractors. It includes forms, infographics, videos and articles.

http://www.thelienzone.com

Sep 19
What is the Difference Between an Obvious and a Hidden Defect?

What is the Difference Between an Obvious and a Hidden Defect?

A patent defect is open and obvious – one which can be discovered after inspection. On the other hand, a latent defect is one that is hidden or concealed, and which is not discoverable by reasonable inspection. A latent defect... Read…
Sep 12
Timing Is Everything in Construction

Timing Is Everything in Construction

Most people enter into a construction contract with the understanding that performance will occur within a specific timeframe. When that doesn’t happen, everyone tends to look to the terms of the contract for recourse. And if they find…
Sep 5
Can a Convicted Criminal Become a Licensed Contractor?

Can a Convicted Criminal Become a Licensed Contractor?

This actually happened. Admitting he had been convicted of certain drug-related crimes, including possession and intent to distribute, and stating that he had been sentenced to sixty months and was currently on supervised leave, an applicant…

Rank this Week: 1521

Massachusetts Real Estate Lawyer…

Massachusetts Real Estate Lawyer Blog

Covers construction, foreclosure, real estate and property law. By Pulgini & Norton, LLP Attorneys at Law.

http://www.massachusettsrealestatelawyer-blog.com/

Sep 18
Massachusetts Homeowner Wins Land Action Against Town, Acquires Use of Private Roadway

Massachusetts Homeowner Wins Land Action Against Town, Acquires Use of Private Roadway

When the ownership or right to use a road is in dispute, the issue may need to be settled by a court of law. An August 30, 2017 Massachusetts real estate case illustrates a controversy between a homeowner and the town concerning the…
Sep 11
Massachusetts Plaintiff Seeks to Enforce Greater Easement Rights Against Town in Property Action

Massachusetts Plaintiff Seeks to Enforce Greater Easement Rights Against Town in Property Action

If you believe that your property rights are being violated, you may be able to bring an action to stop or enjoin the actions of another individual or entity in court. In an August 24, 2017 Massachusetts real estate case, the plaintiff…
Sep 4
Massachusetts Homeowners Defeat Foreclosure Action Based on Tax Title Lien

Massachusetts Homeowners Defeat Foreclosure Action Based on Tax Title Lien

Failing to pay local property taxes can result in serious consequences, including property liens and even foreclosure. An August 30, 2017 case before the Land Court involved a Massachusetts foreclosure action brought by the town of…

Rank this Week: 1401

California Construction Law Blog

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

http://calconstructionlawblog.com

Sep 18
Unlicensed Contractor Shoots for the Stars . . . Sputters on Takeoff

Unlicensed Contractor Shoots for the Stars . . . Sputters on Takeoff

Elon Musk . . . Eccentric engineer. Technology billionaire. And, now, litigation bad ass. Frequent readers of the California Construction Law Blog know that we’ve talked…
Sep 11
California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operation

California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operation

In a victory for additional insureds, a California appeals court held, in Pulte Home Corp. v. American Safety Indemnity Co., Cal.Ct.App. (4th Dist.), Docket No.…
Sep 11
California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operation

California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operation

In a victory for additional insureds, a California appeals court held, in Pulte Home Corp. v. American Safety Indemnity Co., Cal.Ct.App. (4th Dist.), Docket No. D070478…

Rank this Week: 2281

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/

Sep 18
FDEP Issues Order to Restore Structural Damage Post Hurricane

FDEP Issues Order to Restore Structural Damage Post Hurricane

Property Owners and Public and Private Entities: On September 5, 2017, the Florida Department of Environmental Protection (“FDEP”) issued Emergency Final Order OGC. No. 17-0989 (the “Order”) in response to the…
Aug 7
P3s for Social Impact

P3s for Social Impact

Government agencies at all levels are increasingly turning to public-private partnerships (P3s) for the delivery of new public infrastructure. However, the discussion often focuses exclusively on transportation infrastructure,…
Jul 21
Additional Opportunity to Extend Development Orders & Building Permit

Additional Opportunity to Extend Development Orders & Building Permit

Governor Scott recently expanded the previously declared State of Emergency issued for the Zika Virus, allowing holders of permits and development orders an even greater opportunity to toll the period remaining to exercise rights under the…

Rank this Week: 3166

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
LEED Commercial Interiors can Save the Planet

LEED Commercial Interiors can Save the Planet

By Katie Stanford and Stuart Kaplow LEED Commercial Interiors projects present the best single opportunity for greening buildings. The proof is in the numbers. There are more than 5.6 million existing commercial buildings in the United States…
Sep 10
Denver Voters Petition Green Roof Mandate to the Ballot

Denver Voters Petition Green Roof Mandate to the Ballot

The Denver Elections Commission has announced that the Denver Green Roof Initiative, a mandatory green roof ballot initiative will appear on the November 7 ballot. A ballot initiative is a means by which a petition signed by a certain minimum…
Aug 27
Green Globes to be Approved in Maryland

Green Globes to be Approved in Maryland

Last week the Maryland Green Building Council voted unanimously to recommend that Green Globes, at the two Green Globes level, be approved by the Maryland Secretaries of Budget and Management and General Services as a “high performance…

Rank this Week: 3887

Gravel2Gavel Construction Law Blog

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

http://www.gravel2gavel.com/

Sep 15
Fifth Circuit Joins Tenth Circuit, Holding that Federal ALJs are Subject to Appointments Clause of the U.S. Constitution

Fifth Circuit Joins Tenth Circuit, Holding that Federal ALJs are Subject to Appointments Clause of the U.S. Constitution

On September 7, the U.S. Court of Appeals for the Fifth Circuit granted a stay of a Federal Deposit Insurance Corporation (FDIC) order, following a hearing conducted by an agency administrative law judge (ALJ), assessing a civil penalty…
Sep 8
Wyoming Law Criminalizing Crossing Private Property to Collect Resource Data Regulates the “Creation” of Speech

Wyoming Law Criminalizing Crossing Private Property to Collect Resource Data Regulates the “Creation” of Speech

In an unusual case, Western Watersheds Project, et al v. Michael, Attorney General of Wyoming, decided on September 7, 2017, the U.S. Court of Appeals for the Tenth Circuit reversed the District Court’s decision that…
Sep 5
Ninth Circuit Affirms EPA/Sierra Club Consent Decree Extending CAA Deadline

Ninth Circuit Affirms EPA/Sierra Club Consent Decree Extending CAA Deadline

On August 28, the U.S. Court of Appeals for the Ninth Circuit decided the case of Sierra Club, et al., v. State of North Dakota, et al., a Clean Air Act (CAA) Citizen lawsuit. The Ninth Circuit affirmed, in a 2-1 ruling, the…

Rank this Week: 3493

Florida Construction Law Blog

By Malka & Kravitz, P.A.

http://www.mkpalaw.com/blog

Sep 15
Are contractors and builders liable for home damages?

Are contractors and builders liable for home damages?

People invest more in their homes than they typically do in most other areas of their lives. Therefore, when something goes awry, they are especially determined to make sure that someone is held accountable. That person can often be...
Sep 1
What must I do to file a 'materialmen's lien?'

What must I do to file a 'materialmen's lien?'

If you are a Florida contractor, at some point you may need to file a type of lien known as a "materialmen's lien." Because of the details that must be included and the time constraints, it can be a...
Aug 17
Undocumented workers get hurt on Florida construction site

Undocumented workers get hurt on Florida construction site

There are many undocumented immigrants looking for work in south Florida's construction trade. Many are long-term residents who have worked for years under the radar with falsified or nonexistent immigration documents. However, the workers…

Rank this Week: 2283

Construction Law Musings

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

http://constructionlawva.com

Sep 15
Preventing Acts of God: Construction Accidents Caused by Outside Factor

Preventing Acts of God: Construction Accidents Caused by Outside Factor

For this week’s Guest Post Friday here at Musings, we welcome back Seth Smiley. Seth, a native of Baton Rouge, is the owner of Smiley Law Firm. He is admitted to practice in all state and federal courts in Louisiana and California.…
Sep 4
Happy Labor Day from Construction Law Musing

Happy Labor Day from Construction Law Musing

As summer ends and the start of school begins in many places, it is a good time to reflect on the family time that summer vacation allows. For me it is hard to believe that starting tomorrow, my youngest of 3 is headed to high school…
Aug 14
When Should You Call Your Lawyer? Not Too Late!

When Should You Call Your Lawyer? Not Too Late!

Originally posted 2010-08-27 09:00:32. Republished by Blog Post PromoterFor this week’s Guest Post Friday, Musings welcomes back Timothy R. Hughes, Esq., LEED AP. Tim (@timrhughes on Twitter) is Of Counsel to the Arlington,…

Rank this Week: 3870

Blog de Abogados de Accidentes en…

Blog de Abogados de Accidentes en Nueva York

Covers workers compensation, construction, employment and injury law. By Oresky & Associates, pllc.

https://www.oreskylaw.com/blog/

Sep 14
¿Quién Tiene la Culpa Cuando un Cable Eléctrico Cargado Lesiona a un Trabajador en Manhattan?

¿Quién Tiene la Culpa Cuando un Cable Eléctrico Cargado Lesiona a un Trabajador en Manhattan?

Un trabajador en un proyecto de construcción en Manhattan resultó lesionado cuando tocó un cable eléctrico con corriente. El accidente ocurrió porque nadie sabía que el cable tenía corriente.…
Aug 30
Enfrentando Su Día en la Corte En Su Caso de Lesiones de Peatón en Nueva York, Incluso Ante Hechos Difícile

Enfrentando Su Día en la Corte En Su Caso de Lesiones de Peatón en Nueva York, Incluso Ante Hechos Difícile

Algunas veces, su caso de lesiones puede ser obviamente sólido. Todos los hechos parecen apuntar en su favor. Sin embargo, ¿Qué debe hacer usted si su caso no es así? ¿Qué pasa si usted fue golpeado…
Aug 29
Su Caso de Accidente Automovilístico en Nueva York; Choque Multi-Vehicular

Su Caso de Accidente Automovilístico en Nueva York; Choque Multi-Vehicular

Cualquier accidente vehicular en el que resulte lesionado es importante para usted. Aunque todos los casos de accidentes automovilísticos son importantes, algunos pueden ser más difíciles que otros. Los accidentes…

Rank this Week: 1193

von Briesen Legal News

By von Briesen & Roper, s.c.

http://www.vonbriesen.com/legal-news

Sep 13
The Utah Blood Draw Story: Drawing Unwarranted Conclusion

The Utah Blood Draw Story: Drawing Unwarranted Conclusion

The viral video of a Utah nurse being arrested for refusing to draw blood from an unconscious patient brought into the public view a legal conundrum faced by health care providers. The ensuing public conversation generated abundant concern…
Sep 5
Proposed Department of Labor Overtime Rule Appears Destined for Shelving

Proposed Department of Labor Overtime Rule Appears Destined for Shelving

After a November injunction delayed the implementation of the Department of Labor's new rule for exempt employee classification, an even more serious setback was handed down last week when a Texas federal District Court declared the rule…
Aug 28
Health Blog: OIG Work Plan Moves from Annual to Monthly Update

Health Blog: OIG Work Plan Moves from Annual to Monthly Update

The health care industry is familiar with the United States Department of Health and Human Services, Office of Inspector General (the "OIG") annual Work Plan as a helpful compliance tool. While we are familiar with the annual release…

Rank this Week: 1087

Florida Construction Legal Updates

Covers Florida construction law and government contracting. By David Adelstein.

http://www.floridaconstructionlegalupdates.com

Sep 12
CONTRACTORS: REVISIT YOUR FORCE MAJEURE PROVISIONS TO ACCOUNT FOR HURRICANES

CONTRACTORS: REVISIT YOUR FORCE MAJEURE PROVISIONS TO ACCOUNT FOR HURRICANES

We now know and can appreciate the threat of hurricanes. Not that we did not appreciate the reality of hurricanes–of course we did–but Hurricane Harvey and Hurricane Irma created the type of actual devastation we fear…
Sep 11
MAKE PRUDENT DECISIONS REGARDING YOUR HURRICANE IRMA PROPERTY DAMAGE CLAIMS

MAKE PRUDENT DECISIONS REGARDING YOUR HURRICANE IRMA PROPERTY DAMAGE CLAIMS

Hurricane Irma barreled down on us with all of her forceful winds and torrential rains. She was scary and relentless. There was mass evacuation. Commercial flights were booked. Trains were booked. There was…
Sep 4
QUICK NOTE: INSURER MUST COMPLY WITH FLORIDA’S CLAIMS ADMINISTRATION ACT

QUICK NOTE: INSURER MUST COMPLY WITH FLORIDA’S CLAIMS ADMINISTRATION ACT

As an insured, know YOUR rights under Florida’s Claims Administration Act (Florida Statute s. 627.426). I wrote an article on this exact topic. If a third-party claim is asserted, or in the process of being asserted, against…

Rank this Week: 1368

Florida Construction Industry Law…

Florida Construction Industry Law Blog

Covers the construction industry, procedural components of civil litigation, case law updates and legal issue analysis. By Jimerson & Cobb.

http://www.jimersoncobb.com/blog/category/florida-construction-industry/

Sep 12
Liability of General Contractors for Unlicensed Subcontractor

Liability of General Contractors for Unlicensed Subcontractor

As many construction professionals are no doubt aware, when a construction project encounters problems, regardless of the reason, tensions and emotions can run high; this is doubly true when the problem results in a lawsuit by the owner of…
Aug 24
POOL CONTRACTOR’S ABILITY TO WORK ON POOL ELECTRICAL WIRING IN FLORIDA

POOL CONTRACTOR’S ABILITY TO WORK ON POOL ELECTRICAL WIRING IN FLORIDA

On March 29, 2017, the Florida Construction Industry Licensing Board (“CILB”), issued a Final Order, Department of Business and Professional Regulation, Construction Industry Licensing Board v. Michael E. Seamon, disciplining a…
Aug 9
Construction Projects in Florida and Indemnity Claims – Beware of the Statute of Repose

Construction Projects in Florida and Indemnity Claims – Beware of the Statute of Repose

Construction projects typically involve many parties, from design professionals to contractors, to subcontractors, to suppliers. When a project goes south and there are problems, some or all of those parties may be responsible. In some…

Rank this Week: 1648

Florida Construction Industry Law…

Florida Construction Industry Law Blog

Covers topics specifically concerning the construction industry, procedural components of civil litigation, case law updates and legal issue analysis. By Jimerson & Cobb, P.A.

http://www.jimersoncobb.com/blog/category/florida-construction-industry/

Sep 12
Liability of General Contractors for Unlicensed Subcontractor

Liability of General Contractors for Unlicensed Subcontractor

As many construction professionals are no doubt aware, when a construction project encounters problems, regardless of the reason, tensions and emotions can run high; this is doubly true when the problem results in a lawsuit by the owner of…
Aug 24
POOL CONTRACTOR’S ABILITY TO WORK ON POOL ELECTRICAL WIRING IN FLORIDA

POOL CONTRACTOR’S ABILITY TO WORK ON POOL ELECTRICAL WIRING IN FLORIDA

On March 29, 2017, the Florida Construction Industry Licensing Board (“CILB”), issued a Final Order, Department of Business and Professional Regulation, Construction Industry Licensing Board v. Michael E. Seamon, disciplining a…
Aug 9
Construction Projects in Florida and Indemnity Claims – Beware of the Statute of Repose

Construction Projects in Florida and Indemnity Claims – Beware of the Statute of Repose

Construction projects typically involve many parties, from design professionals to contractors, to subcontractors, to suppliers. When a project goes south and there are problems, some or all of those parties may be responsible. In some…

Rank this Week: 1722

New York Commercial and…

New York Commercial and Construction Lawyer Blog

Covers business and insurance law. By Rich, Intelisano & Katz, LLP.

http://www.newyorkcommercialconstructionlawyer.com/

Sep 12
When The Party Is Over For A Party Wall

When The Party Is Over For A Party Wall

A recent case from Supreme Court, New York County, clarifies a limit to the rights of a property owner that shares a party wall with a neighbor who redevelops its site without relying on the party wall. The post When The Party Is Over For A…
Jul 24
Willful Exaggeration Standard Remains High

Willful Exaggeration Standard Remains High

For those in the construction industry, mechanics’ liens are sure to be a familiar occurrence. And, for those who have ever had a project of theirs liened, they will be aware of the tenacity of these legal devices. Mechanics’…
Apr 26
Recovery Pitfalls In Home Improvement Dispute

Recovery Pitfalls In Home Improvement Dispute

General Business Law § 771 provides a host of requirements for home improvement contracts, chief among them being that such contracts must be in writing and signed by all parties. Additionally, the contract must contain the name,…

Rank this Week: 1627

Federal Construction Contracting…

Federal Construction Contracting Blog

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

http://federalconstruction.phslegal.com/

Sep 12
Government Agency Coordination Office – PTAC: Understanding Debriefings and Protest

Government Agency Coordination Office – PTAC: Understanding Debriefings and Protest

1:00-2:00 PM EDT On September 20th, the California University of Pennsylvania Government Agency Coordination Office – Procurement Technical Assistance Center is hosting a webinar on all aspects of the protest process taught by…
Jun 26
All Work and No Pay: Ed DeLisle Testifies Before Congressional Small Business Committee

All Work and No Pay: Ed DeLisle Testifies Before Congressional Small Business Committee

Cohen Seglias Co-Chair of the Federal Contracting Group, Edward DeLisle, testified at a Small Business Committee hearing titled, “All Work and No Pay: Change Orders Delayed for Small Construction Contractors.” The…
Mar 16
The End is Near for “Fair Play and Safe Workplaces”

The End is Near for “Fair Play and Safe Workplaces”

Last month, we outlined Congress’ plan to block the implementation of President Obama’s Fair Play and Safe Workplaces executive order. Today, we report that the prognosis has grown even more grim for the former President’s…

Rank this Week: 274

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/

Sep 11
Webinar: Subcontractor Default Insurance: Best Practices for Claim Preparation and Coverage Strategy to Streamline the Claim Proce

Webinar: Subcontractor Default Insurance: Best Practices for Claim Preparation and Coverage Strategy to Streamline the Claim Proce

The number one cause of subcontractor default is overextension of financial and operational resources. As the economy grows, subcontractor defaults are on the rise. While SDI provides improved coverage terms with claim payment provisions that…
Aug 1
Third party funding of arbitration in Hong Kong is given the green light

Third party funding of arbitration in Hong Kong is given the green light

By Christopher Tung, Sacha Cheong and Dominic Lau, K&L Gates, Hong Kong On 14 June 2017, the Legislative Council of Hong Kong passed the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016. The Bill comes on…
Jun 29
Please Join Us: NEC4 – The Next Generation

Please Join Us: NEC4 – The Next Generation

NEC4, the next generation of the NEC suite of contracts, was released on 22 June 2017. It includes significant developments and reflects current best practice throughout the construction industry. Please join us at our London office for a…

Rank this Week: 1053

Accessibility Defense

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

http://accessdefense.com

Sep 11
Dialing for Dollars – Ninth Circuit encourages abusive ADA litigation

Dialing for Dollars – Ninth Circuit encourages abusive ADA litigation

In Civil Rights Education and Enforcement Center v. Hospitality Properties Trust, 2017 WL 3401319 (9th Circuit, August 9, 2017) the Ninth Circuit decided once again to make abusive serial ADA litigation as easy as possible, ignoring both the…
Sep 7
ADA and the internet – you can be tagged for what your vendors do wrong.

ADA and the internet – you can be tagged for what your vendors do wrong.

Near the end of the decision in Gil v. Winn-Dixie Stores, Inc., 2017 WL 2547242, at *3 (S.D. Fla. June 12, 2017) the trial court includes in its injunctive relief a requirement that Winn-Dixie “require any third party…
Aug 27
Common sense and the ADA – A breath of fresh air from California

Common sense and the ADA – A breath of fresh air from California

Strong v. Johnson et al, 2017 WL 3537746 (S.D. Cal. Aug. 27, 2017) probably won’t go down in history as a landmark ADA decision, but shows a sometimes uncommon level of common sense about the difference between technical ADA…

Rank this Week: 1958

Construction Law Canada

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

http://www.constructionlawcanada.com/

Sep 10
Amendments To The Ontario Construction Lien Act Have Been Given First Reading (Part 1)

Amendments To The Ontario Construction Lien Act Have Been Given First Reading (Part 1)

On May 31, 2017, the Ontario Legislature gave first reading to Bill 142, which will enact the Construction Lien Amendment Act, 2017. By this legislation, substantial amendments are proposed to the Ontario Construction Lien Act, including the…
Aug 27
Which Takes Precedence In A Building Contract: A Performance Standard Or A Design Standard?

Which Takes Precedence In A Building Contract: A Performance Standard Or A Design Standard?

The United Kingdom Supreme Court recently considered the question of whether the performance standard or the design standard prescribed in the contract took precedence. In MT Hojgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd…
Aug 22
A Subcontractor Recovers Against The Owner In Unjust Enrichment

A Subcontractor Recovers Against The Owner In Unjust Enrichment

A subcontractor who fails to register a construction lien faces an uphill battle in asserting a claim in unjust enrichment against the owner. That is because the owner will rely upon its contract with the contractor for any benefit that the…

Rank this Week: 2863

Grimshaw Blog

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

http://www.grimshaw.co.nz/news-resources/

Sep 5
Entries open for New Zealand’s leading literary fellowship

Entries open for New Zealand’s leading literary fellowship

Applications for the 2018 Grimshaw Sargeson Fellowship are now open. In its 31st year, the... The post Entries open for New Zealand’s leading literary fellowship appeared first on Grimshaw.
Jul 4
Supreme Court to hear appeal by Southland stadium trust after claim for roof collapse rejected by Court of Appeal

Supreme Court to hear appeal by Southland stadium trust after claim for roof collapse rejected by Court of Appeal

The law on the duty of care owed by councils in relation to building work... The post Supreme Court to hear appeal by Southland stadium trust after claim for roof collapse rejected by Court of Appeal appeared first on Grimshaw.
Jan 23
Effective payment claims and summary judgment

Effective payment claims and summary judgment

A recent High Court decision (Auckland Electrical Solutions Ltd v The Warrington Group Ltd [2016]... The post Effective payment claims and summary judgment appeared first on Grimshaw.

Rank this Week: 2237

Florida Construction Law News

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

http://floridaconstructionupdate.com/

Sep 5
Retroactive Application of a Construction Subcontract Containing a Merger Clause? Florida’s Fifth District Court of Appeal Answers in the Affirmative

Retroactive Application of a Construction Subcontract Containing a Merger Clause? Florida’s Fifth District Court of Appeal Answers in the Affirmative

Florida’s Fifth District Court of Appeal recently addressed the issue of retroactive application of a construction subcontract on the basis of a merger clause in Don Facciobene, Inc. v. Hough Roofing, Inc.[1] In the case, in late 2010,…
Jun 22
Florida’s Third District Court of Appeal Suggests Negligent Repairs to Real Property Are Not Subject to the Statute of Repose

Florida’s Third District Court of Appeal Suggests Negligent Repairs to Real Property Are Not Subject to the Statute of Repose

Florida’s Third District Court of Appeal (“Third District”) recently addressed the applicable statute of limitations for repairs under Section 95.11, Florida Statutes, including the issue of whether a repair constitutes an…
May 15
Insurance Company Not Responsible For Paying Pre-Tender Legal Fee

Insurance Company Not Responsible For Paying Pre-Tender Legal Fee

Insurance carriers can breathe a little easier. The Eleventh Circuit recently ruled, in EmbroidMe.com, Inc. v. Travelers Property & Casualty Co. of America, that an insurer did not have to pay attorneys’ fees incurred by its insured…

Rank this Week: 3086

Texas Construction Law Blog

By Gray Reed & McGraw, P.C.

http://www.texasconstructionlawblog.com/

Sep 1
Softening a Hurricane’s Blow: Force Majeure and Builder’s Risk

Softening a Hurricane’s Blow: Force Majeure and Builder’s Risk

Co-authors: Russell Jumper and Tim Fandrey Hurricane Harvey caused severe destruction in Texas with its significant winds and historic rainfall. But Harvey may also prove to be a costly lesson for many project owners and contractors.…
Aug 25
“Buy American” Law Changes How Texans Buy Iron and Steel

“Buy American” Law Changes How Texans Buy Iron and Steel

Co-authors: Jeff Leach, Tim Fandrey As a result of newly enacted Texas Senate Bill 1289, buying American iron and steel is now a requirement on certain public infrastructure projects in Texas. Promoted by President Trump, passed by the…
Aug 16
When is an Unforeseen Condition a “Differing Site Condition”?

When is an Unforeseen Condition a “Differing Site Condition”?

I was reviewing various articles I have written over the years and came across a prior version of this one about differing site conditions, written nearly twenty years ago. I was curious – does this cup still hold…

Rank this Week: 1512

Supplemental Conditions

Covers construction law developments and litigation. By Wally Zimolong.

http://www.supplementalconditions.com/

Aug 31
U.S. v. Davis Casts Doubt on the Future of (Some) DBE Fraud Case

U.S. v. Davis Casts Doubt on the Future of (Some) DBE Fraud Case

Disadvantaged business enterprise (DBE) fraud in the construction industry is a topic frequently covered on this blog. My posts on DBE fraud are some of my most read posts and the ones that generate the most questions from readers and…
Aug 13
Is the City of Philadelphia’s DBE Program Unconstitional?

Is the City of Philadelphia’s DBE Program Unconstitional?

Probably. Based on the City’s 2016 Disparity Study the City DBE program is no longer being used to remedy past discrimination but to further a political agenda designed to direct maximum public funds to female and minority…
Aug 13
Using Social Media to Defeat a Union Election

Using Social Media to Defeat a Union Election

Businesses engage customers and clients online more than ever. Now, your online strategy needs to include a plan to combat union organizing. Unions have been ahead of the game on using social media and the internet to support…

Rank this Week: 3027

Eminent Domain Blog

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

http://eminentdomain.foxrothschild.com/

Aug 29
Freddie Mac OKs Appraisal Alternative for Some Mortgage

Freddie Mac OKs Appraisal Alternative for Some Mortgage

Freddie Mac announced that it will utilize automated collateral evaluations to determine when an automated appraisal can be used for new home mortgages and refinancing. ACE uses data from multiple listing services, public records and…
Aug 29
Developer Asks SCOTUS To Hear Fla. Takings Case

Developer Asks SCOTUS To Hear Fla. Takings Case

A Florida developer petitioned the U.S. Supreme Court to hear a $10 million takings case against the Florida Department of Environmental Protection The developer alleged that the DEP’s denial of a development permit…
Aug 28
NC Announces Assessment Reappraisal Countie

NC Announces Assessment Reappraisal Countie

NC has announced that the following counties will begin the tax reassessment appraisal process of real properties in January 2018: BEAUFORT COUNTY MITCHELL COUNTY CLAY COUNTY…

Rank this Week: 1052

Infra Insight Blog

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

http://www.infrainsightblog.com

Aug 28
Sonoma-Marin Area Rail Transit District Begins Revenue Passenger Service

Sonoma-Marin Area Rail Transit District Begins Revenue Passenger Service

The Sonoma-Marin Area Rail Transit (“SMART”) District kicked off passenger rail revenue service in Sonoma and Marin counties last week. The 43-mile rail line includes ten stations from the Sonoma County Airport to Downtown San…
Aug 17
Denver City Council Approves Great Hall Project Development Agreement

Denver City Council Approves Great Hall Project Development Agreement

In the early hours of August 15, 2017, the Denver City Council approved a $1.8 billion development agreement between the City and County of Denver’s Department of Aviation and Denver Great Hall, LLC, a consortium led by Madrid-based…
Aug 4
FTA Proposes New Rule to Encourage P3

FTA Proposes New Rule to Encourage P3

As part of an effort to facilitate the use of public-private partnerships (P3s) in public transportation capital projects, the Federal Transit Administration (FTA) issued on Monday a Notice of Proposed Rulemaking (NPRM) that aims to…

Rank this Week: 3430

Florida Construction Lawyer Blog

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

http://www.floridaconstructionlawyerblog.com/

Aug 24
40 Years & Looking Forward: The Celebration of the Firm’s Big 4-0 Continue

40 Years & Looking Forward: The Celebration of the Firm’s Big 4-0 Continue

Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A. achieved a significant milestone this year, celebrating 40 years of providing quality legal service to the South Florida, Florida and national communities. As we enter the…
Aug 15
Article on Economic Loss Rule by Firm Attorneys, Allen Bonner and the Late Ervin Gonzalez Featured in New Issue of University of Miami Law Review

Article on Economic Loss Rule by Firm Attorneys, Allen Bonner and the Late Ervin Gonzalez Featured in New Issue of University of Miami Law Review

The latest edition of the University of Miami Law Review, the quarterly legal journal published by the UM School of Law, features an article that was authored by the firm’s Steven M. Siegfried, H. Hugh McConnell and James S. Czodli,…
Apr 14
Nicholas Siegfried Quoted in Articles on Appellate Ruling Against Trump National Doral by Daily Business Review, The Real Deal and South Florida Business Journal

Nicholas Siegfried Quoted in Articles on Appellate Ruling Against Trump National Doral by Daily Business Review, The Real Deal and South Florida Business Journal

For insight into the ramifications of important court rulings involving construction law in South Florida, the region’s most widely read and highly regarded business and real estate media outlets often turn to the expertise of our…

Rank this Week: 4260

Florida Construction Law Group…

Florida Construction Law Group Blog

Covers foreclosures and construction defects.

http://floridaconstructionlawgroup.com/fclg-blog/

Aug 20
What You Need to Know About Construction Supervision/Management Agreement

What You Need to Know About Construction Supervision/Management Agreement

When you need a construction job completed properly, it is very unlikely that you’re going to want to manage the day to day activities that need to be completed. To get things done right, you’ll need to hire a construction manager…
Jul 20
4 Signs Your Construction Dispute is Headed for Litigation

4 Signs Your Construction Dispute is Headed for Litigation

Construction companies and contractors are typically able to accept and complete jobs without any significant problems. Unfortunately, disputes related to these types of jobs are all but inevitable when you’ve been in this business for…
Jun 22
4 Ways to Avoid Draw Request Dispute

4 Ways to Avoid Draw Request Dispute

Whenever taking on a large construction project, it will be necessary to negotiate a draw schedule with the lender. A draw schedule takes the full amount of the construction loan and splits it up into multiple payments that are made as work…

Rank this Week: 1431

Florida Construction Law Group…

Florida Construction Law Group Blog

By the Law Office of Ray Garcia, P.A.

http://floridaconstructionlawgroup.com/fclg-blog/

Aug 20
What You Need to Know About Construction Supervision/Management Agreement

What You Need to Know About Construction Supervision/Management Agreement

When you need a construction job completed properly, it is very unlikely that you’re going to want to manage the day to day activities that need to be completed. To get things done right, you’ll need to hire a construction manager…
Jul 20
4 Signs Your Construction Dispute is Headed for Litigation

4 Signs Your Construction Dispute is Headed for Litigation

Construction companies and contractors are typically able to accept and complete jobs without any significant problems. Unfortunately, disputes related to these types of jobs are all but inevitable when you’ve been in this business for…
Jun 22
4 Ways to Avoid Draw Request Dispute

4 Ways to Avoid Draw Request Dispute

Whenever taking on a large construction project, it will be necessary to negotiate a draw schedule with the lender. A draw schedule takes the full amount of the construction loan and splits it up into multiple payments that are made as work…

Rank this Week: 1545

Best Practices Construction Law

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

http://www.bestpracticesconstructionlaw.com/

Aug 11
Project Documentation: The Bad Little Email That Got Produced

Project Documentation: The Bad Little Email That Got Produced

Believe it or not, there are always a wealth of emails and other documents produced in litigation that help “make the case” for the other side. Take, for the example, the e-mail I found in the files of one…
Aug 10
Construction Contracts And Arbitration Provisions: Is The Word “May” Mandatory? Maybe!

Construction Contracts And Arbitration Provisions: Is The Word “May” Mandatory? Maybe!

You don’t always say what you mean. And you don’t always mean what you say. In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. As an example, when the…
Jul 6
Spearin Doctrine: A Construction Case Described in A Tweet!

Spearin Doctrine: A Construction Case Described in A Tweet!

I read in my Twitter feed this morning about a recent case where the Missouri Court of Appeals formally adopted the Spearin Doctrine. I immediately wondered if I could explain the Spearin Doctrine in less than 140 characters.…

Rank this Week: 3507

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.

https://www.beankinney.com/virginia-employment-law-journal

Jul 24
New I-9 Employment Eligibility Verification Form Announced by USCIS

New I-9 Employment Eligibility Verification Form Announced by USCIS

The U.S. Citizenship and Immigration Service (“USCIS”) announced on July 17, 2017 that it has released a newly revised Form I-9 Employment Eligibility Verification Form. Federal law requires all employers to complete a Form…
Jul 10
New Minimum Wage Increases for the District of Columbia and Montgomery County

New Minimum Wage Increases for the District of Columbia and Montgomery County

For employers in the District of Columbia and Montgomery County, Maryland, the cost of doing business just got more expensive. Effective July 1, 2017, the hourly minimum wage rate in the District of Columbia increased a dollar to…
Jun 30
What to Consider When Engaging Foreign Independent Contractor

What to Consider When Engaging Foreign Independent Contractor

In today’s global economy, it has become increasingly common for companies based in the United States to engage workers who live abroad for various purposes. U.S. companies often classify these workers as “independent…

Rank this Week: 4508

Construction Law Blog

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

http://www.ac-lawyers.com/news

Jul 20
SUBCONTRACTORS ON WASHINGTON PUBLIC PROJECTS CAN NOW GET THEIR RETAINAGE MONEY SOONER

SUBCONTRACTORS ON WASHINGTON PUBLIC PROJECTS CAN NOW GET THEIR RETAINAGE MONEY SOONER

Subcontractors on public projects in Washington State will no longer be required to wait until final acceptance of the project to get their retainage money. A new statute, which goes into effect on July 23, 2017 and applies only to Washington…
Jul 7
Acceptable Worksite: New City of Seattle Specification Provisions Now In Effect

Acceptable Worksite: New City of Seattle Specification Provisions Now In Effect

The City of Seattle’s City Purchasing & Contracting Services recently revised its General Special Provisions for City construction contracts to add new “Acceptable Worksite” language. The City indicates that the…
Jun 29
Nine Firm Members Recognized as Super Lawyers or Rising Star

Nine Firm Members Recognized as Super Lawyers or Rising Star

While we avoid using this blog as a platform for self-promotion, we recently received share-worthy distinctions, which both flatter and humble us. We invite you, our loyal readers, to celebrate in our success, which in great measure is due to…

Rank this Week: 897

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/

Jul 18
Massachusetts High Court Recognizes Employee Right of Qualified Medical Marijuana Users To Allege Handicap Discrimination For Off-Site Use of Medicinal Marijuana

Massachusetts High Court Recognizes Employee Right of Qualified Medical Marijuana Users To Allege Handicap Discrimination For Off-Site Use of Medicinal Marijuana

Originally posted on offtheclockemploymentblog: In a long-awaited decision, the highest court in Massachusetts – the Supreme Judicial Court (“SJC”) – ruled today in Cristina Barbuto v. Advantage Sales & Marketing,…
Jul 14
New 2017 AIA Documents Released – Are You Prepared?

New 2017 AIA Documents Released – Are You Prepared?

The construction contracts created by American Institute of Architects (“AIA”) have, for several decades, been established as the industry standard for contract forms. There exist AIA forms for every imaginable project…
Apr 11
Enforcing “No-Damage-for-Delay” Clauses: A Potential Landmark Construction Law Decision from the Massachusetts Appeals Court

Enforcing “No-Damage-for-Delay” Clauses: A Potential Landmark Construction Law Decision from the Massachusetts Appeals Court

A recent decision from the Massachusetts Appeals Court is likely to have a substantial impact on construction contract and claims practice in the Commonwealth. The Massachusetts State College Building Authority (“MSCBA”)…

Rank this Week: 1915

Georgia Construction, Lien & Bond…

Georgia Construction, Lien & Bond Blog

Covers recent case law, changes in the statutory law, advice and practical tips on construction law including filing materialmen's liens, payment bond claims, Miller Act issues, construction contracting, and public works.

http://cobblawgroup.net/blog/

Jul 16
The Adolescence of Green Building Technique

The Adolescence of Green Building Technique

Today , we welcome a quest columnist Steve Wright. Steve Wright works for Whirlwind Steel Buildings, a manufacturer of pre-engineered steel buildings and components. Whirlwind Steel metal buildings are manufactured and designed to meet…
Jun 12
Meet our New Construction Law Paralegal!

Meet our New Construction Law Paralegal!

by Dorothy Spencer James Eubanks recently joined the Cobb Law Group as paralegal focusing on materialmen’s liens, payment bond claims and Georgia construction law. His experience and attention to detail make him a remarkable fit for our…
May 26
Tips to Help Owners Complete a Successful Construction Project

Tips to Help Owners Complete a Successful Construction Project

by Mark Cobb This is the first in a series of articles to assist project owners in planning for and achieving a successful construction project. This series will address the three phases of project planning, project bidding, and project…

Rank this Week: 1551

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 16
The Adolescence of Green Building Technique

The Adolescence of Green Building Technique

Today , we welcome a quest columnist Steve Wright. Steve Wright works for Whirlwind Steel Buildings, a manufacturer of pre-engineered steel buildings and components. Whirlwind Steel metal buildings are manufactured and designed to meet…
Jun 12
Meet our New Construction Law Paralegal!

Meet our New Construction Law Paralegal!

by Dorothy Spencer James Eubanks recently joined the Cobb Law Group as paralegal focusing on materialmen’s liens, payment bond claims and Georgia construction law. His experience and attention to detail make him a remarkable fit for our…
May 26
Tips to Help Owners Complete a Successful Construction Project

Tips to Help Owners Complete a Successful Construction Project

by Mark Cobb This is the first in a series of articles to assist project owners in planning for and achieving a successful construction project. This series will address the three phases of project planning, project bidding, and project…

Rank this Week: 4163

Georgia Construction, Lien & Bond…

Georgia Construction, Lien & Bond Law

By Cobb Law Group.

http://cobblawgroup.net/blog/

Jul 16
The Adolescence of Green Building Technique

The Adolescence of Green Building Technique

Today , we welcome a quest columnist Steve Wright. Steve Wright works for Whirlwind Steel Buildings, a manufacturer of pre-engineered steel buildings and components. Whirlwind Steel metal buildings are manufactured and designed to meet…
Jun 12
Meet our New Construction Law Paralegal!

Meet our New Construction Law Paralegal!

by Dorothy Spencer James Eubanks recently joined the Cobb Law Group as paralegal focusing on materialmen’s liens, payment bond claims and Georgia construction law. His experience and attention to detail make him a remarkable fit for our…
May 26
Tips to Help Owners Complete a Successful Construction Project

Tips to Help Owners Complete a Successful Construction Project

by Mark Cobb This is the first in a series of articles to assist project owners in planning for and achieving a successful construction project. This series will address the three phases of project planning, project bidding, and project…

Rank this Week: 1866

Colorado Construction Litigation

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

http://www.coloradoconstructionlitigation.com/

Jun 5
Vallagio v. Metropolitan Homes: Colorado Supreme Court Upholds Declarant Consent Provision to Amend Arbitration Out of Declaration

Vallagio v. Metropolitan Homes: Colorado Supreme Court Upholds Declarant Consent Provision to Amend Arbitration Out of Declaration

On June 5, 2017, the Colorado Supreme Court announced the Vallagio at Inverness Residential Con. Ass’n v. Metro. Homes, Inc., No. 15SC508, 2017 CO 69 (Colo. June 5, 2017) decision. In short, the Colorado Supreme Court upheld the…
May 29
Taylor Morrison v. Terracon: Adjustment of Verdicts to Account for Others’ Liability and Contractual Limitation of Liability Clause

Taylor Morrison v. Terracon: Adjustment of Verdicts to Account for Others’ Liability and Contractual Limitation of Liability Clause

In a case of first impression, a division of the Colorado Court of Appeals weighed in on how a trial court should adjust a jury verdict against a contractor when two critical components are still at play: (1) a setoff from other liable…
Apr 21
Colorado Homebuyers Must be in Privity of Contract with Developer to Assert Breach of Implied Warranty of Suitability.

Colorado Homebuyers Must be in Privity of Contract with Developer to Assert Breach of Implied Warranty of Suitability.

On April 17, 2017, the Colorado Supreme Court announced its decision in Forest City v. Rogers, No. 15SC1089, 2017 CO 23 (Colo. Apr. 17, 2017). The Court held that privity of contract is necessary for a homebuyer to assert a claim for breach…

Rank this Week: 4618

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/

May 18
Senators Request GAO Review of CFIUS Oversight of Foreign Investment in U.S. Real Estate

Senators Request GAO Review of CFIUS Oversight of Foreign Investment in U.S. Real Estate

Three senators – Senate Banking Committee Ranking Member Sherrod Brown, Sen. Ron Wyden, ranking member on the Senate Finance Committee, and Sen. Claire McCaskill, ranking member on the Homeland Security and Government Affairs…
Apr 18
WA Court of Appeals Clarifies Necessary Parties to Lien Enforcement Action Where Release Bond Has Been Posted

WA Court of Appeals Clarifies Necessary Parties to Lien Enforcement Action Where Release Bond Has Been Posted

Attempting to clarify a statute that has been “the source of considerable confusion,” the Washington Court of Appeals concluded the only necessary party that must be named as a defendant in a lien enforcement action where a…
Jun 2
The Supreme Court Confirms Right to Challenge Jurisdictional Determination

The Supreme Court Confirms Right to Challenge Jurisdictional Determination

Can a landowner challenge a US Army Corps of Engineers determination that a property contains jurisdictional wetlands? In a unanimous opinion, the Supreme Court answered this question in the affirmative May 31, 2016 in USACE v Hawkes Co.…

Rank this Week: 991

Natural Resources and Mining Law…

Natural Resources and Mining Law Blog

Covers energy law and real estate and property law. By Jeffer Mangels Butler & Mitchell LLP.

http://mininglaw.jmbm.com/

May 9
The DOI’s Review of National Monuments – What it means to the mining industry

The DOI’s Review of National Monuments – What it means to the mining industry

By Kerry Shapiro Last week, President Trump signed an executive order with potentially wide-ranging implications for the mining industry and many other affected stakeholders. The order directs the Department of the Interior (DOI) to review…
May 9
The DOI’s Review of National Monuments – What it means to the mining industry

The DOI’s Review of National Monuments – What it means to the mining industry

By Kerry Shapiro Last week, President Trump signed an executive order with potentially wide-ranging implications for the mining industry and many other affected stakeholders. The order directs the Department of the Interior (DOI) to review…
Apr 20
Double Deja Vu: California AB 219 is Reinstated

Double Deja Vu: California AB 219 is Reinstated

My partner, Jon Welner, is a leading practitioner of prevailing wage law in California and is the Chair of JMBM’s Prevailing Wage Group. He is also a member of JMBM’s Natural Resources and Mining Group and advises and defends the…

Rank this Week: 455

Construction Law in North Carolina

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

http://constructionlawnc.com

Apr 20
Do I really need my own lawyer if the insurer is giving me one? (law note; tip)

Do I really need my own lawyer if the insurer is giving me one? (law note; tip)

Several readers have reached out to me about my post on getting a Reservation of Rights letter with comments and questions. The most common refrain has been something along the lines of: “Do I really have to hire my own lawyer…
Apr 17
Dear Engineer: Has your insurer issued a “Reservation of Rights” letter? (law note)

Dear Engineer: Has your insurer issued a “Reservation of Rights” letter? (law note)

In my previous post, I made reference to getting a “Reservation of Rights” letter. I noted that the carrier may decide to defend you under a Reservation of Rights (i.e., hire your lawyer) but may not,…
Apr 13
“Professional Best Efforts” part 2– Reservation of Rights for Engineers who agree to “best” efforts? (law note)

“Professional Best Efforts” part 2– Reservation of Rights for Engineers who agree to “best” efforts? (law note)

Recently, a reader reached out to me to ask about case examples of an engineer losing his insurance coverage because he agreed to a “heightened” or “best” standard of care. The reader stated that he was an…

Rank this Week: 4153

Michigan Construction Law

Focuses on developments in Michigan construction law.

http://michiganconstructionlaw.blogspot.com/

Jan 23
Michigan Legislature Renews Effort to Abolish Prevailing Wage

Michigan Legislature Renews Effort to Abolish Prevailing Wage

On January 18, 2017, Senators Peter MacGregor, Dave Hildenbrand, and Arlan Meekhof, introduced S.B. 0003, which would repeal Michigan's Prevailing Wage statute (PA 166 of 1965; MCL 408.551, et seq) in its entirety. The proposed…
Jan 5
New Skilled Trades Regulation Act Impacts Section 114 of Michigan Construction Lien Act

New Skilled Trades Regulation Act Impacts Section 114 of Michigan Construction Lien Act

During the recent lame duck session in December, 2016, the Michigan Legislature passed a series of bills aimed at consolidating the licensing and regulation of skilled trades, including residential builders, electricians, plumbing and…
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…

Rank this Week: 1304

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/

Sep 21
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Sep 21
Hacked By By XwoLfTn

Hacked By By XwoLfTn

Hacked By XwoLfTn Long life for Tunisia long life to Palestine ./Exit
Sep 21
Hacked By Imam

Hacked By Imam

Hacked By Imam QQ:2190782403 logoutimam@gmail.com

Rank this Week: 3284

Mo-Kan Construction Law Blog

Shares experiences and lessons learned in the construction trenches on retainage, surety bonds, indemnity issues, mechanic’s liens, payment conditions, terminations, and delays. By Lee Brumitt of Dysart Taylor Cotter McMonigle & Montemore, P.C.

https://mokanconstructionlaw.wordpress.com/

Aug 8
Challenging Public Bid Awards in Missouri Just Got Easier, Depending on Your Perspective

Challenging Public Bid Awards in Missouri Just Got Easier, Depending on Your Perspective

As reported in this blog in October, 2015 in the post “The Making of a Supreme Court Case,” we predicted that the Missouri Supreme Court would take the case of Byrne and Jones Enterprises, Inc. v. Monroe City R-1 School ……
Apr 19
Article Published on Controlled Insurance Programs or “Wrap Ups.”

Article Published on Controlled Insurance Programs or “Wrap Ups.”

Large construction projects can benefit from a Controlled Insurance Program (CIP), also known as a “Wrap Up.” In this arrangement, a single party, either the owner (OCIP) or the general contractor (CCIP), acquires…
Oct 14
Attorneys’ Fees – Having Your Cake and Eating it Too

Attorneys’ Fees – Having Your Cake and Eating it Too

Clients frequently ask about getting attorneys’ fees from their adversaries in a construction dispute. I certainly understand the economics behind the question. Resolving construction disputes in any forum – mediation,…

Rank this Week: 1751

Perkins & Anctil blog

Covers mortgages, condominium law, conveyancing, bankruptcy, employment law, construction law, debt collection and other related subjects.

http://www.perkinslawpc.com/blog/

Jun 7
Non-Compete Agreements Come Under Scrutiny

Non-Compete Agreements Come Under Scrutiny

Employees who sign non-compete agreements with their employers in Massachusetts can be involuntarily let go from the company and still prevented from working until the term of the agreement has expired. This has been the long-standing…
Jun 3
Senator Warren (D-MA) Leads the Massachusetts Congressional Delegation to Question FHFA’s Attack on Community Association

Senator Warren (D-MA) Leads the Massachusetts Congressional Delegation to Question FHFA’s Attack on Community Association

Attorney Charlie Perkins forwards the following update on the Federal Housing Finance Agency’s action against community associations: By Dawn Bauman (6/2/16) Led by Senator Elizabeth Warren (MA-D), the Massachusetts congressional…
May 31
Attorney Kim Alley Completes the Run to Remember Half Marathon

Attorney Kim Alley Completes the Run to Remember Half Marathon

Event organizers intent on raising awareness for fallen first responders and law enforcement officers created 13.1 mile and 5 mile routes that began at the Boston Seaport World Trade Center and wound through downtown by Government Center, The…

Rank this Week: 1777

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/

May 31
Your Forum Selection Clause Might Not Be As Strong As You Think It I

Your Forum Selection Clause Might Not Be As Strong As You Think It I

Last week, I blogged about the Southeast Caissons, LLC v. Choate Construction Company case, in which the North Carolina Court of Appeals held that a general contractor could not enforce a forum selection clause in a subcontract that was…
May 23
The Subcontract’s Unsigned, the Work is Complete and a Dispute Has Arisen — Now What?

The Subcontract’s Unsigned, the Work is Complete and a Dispute Has Arisen — Now What?

In order for an agreement to constitute a valid contract that courts or arbitrators will enforce, both parties to the agreement must mutually assent to all of the terms of the deal. The fancy Latin term for this mutuality requirement…
Jan 11
Improving the Odds for a Jackpot Year for Your Commercial General Contracting Busine

Improving the Odds for a Jackpot Year for Your Commercial General Contracting Busine

Wednesday’s Powerball drawing promises the winner a $1.3 $1.5 billion (yes, that’s “billion” with a “b”) jackpot. Unfortunately, your odds of picking the winning numbers are about 1 in 292 million, or…

Rank this Week: 3271

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