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HTMLWhere Does the Duty of Care Flow? Limiting the Potentially Broad Liability of Construction Managers
Steven J. Stuart; Smith, Currie & Hancock LLP;
Legal Alert/Article
April 28, 2016, previously published on March 31, 2016
Construction managers are often in an unenviable position. With expansive contracts, construction managers perform multiple tasks that may impact many different people. With the general charge of managing a construction project comes the potential of broad liability to those involved with the...

 

HTMLNew Procedure for Setting Trial Dates in Cook County Circuit Court Law Division Cases, Including Construction Injury Cases
Katie E. Gorrie; Johnson & Bell, Ltd.;
Legal Alert/Article
April 26, 2016, previously published on March 2016
On March 23, 2016, the Honorable Judge James Flannery, the Presiding Judge of the Law Division of the Circuit Court of Cook County, handed down a General Administrative Order 16-2 that specifies a new procedure for the setting of trial dates relative to cases pending in the Law Division. All cases...

 

HTMLCorpus Christi Liquefaction Files Construction Progress Report
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 22, 2016, previously published on April 21, 2016
Corpus Christi Liquefaction has filed a report with FERC covering construction through March 2016 at its liquefaction and LNG export terminal at Corpus Christi, Texas. The report states that engineering has progressed to 97.1%, procurement has progressed to 46.0%, and Bechtel’s direct hire...

 

HTMLThe Pennsylvania Supreme and Superior Courts Clarify the “Retained Control” Exception to General Rule of Landowner’s Nonliability for Independent Contractors
Michael A. Karaffa; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 23, 2016, previously published on March 1, 2016
Pennsylvania has long embraced the general rule that a landowner who engages an independent contractor is not liable for the independent contractor’s negligence. Plaintiffs can get around the rule, however, if the landowner kept sufficient control over the worksite under the “retained...

 

HTMLAppeals Court Rules GC Has “Reasonable Cause” to Withhold Payment
Kari Kiki Bergeron; Taylor, Porter, Brooks & Phillips, L.L.P.;
Legal Alert/Article
March 21, 2016, previously published on March 14, 2016
After the Eastern District of Louisiana ruled that General Contractor Woodrow Wilson Construction Co. Inc., hired to build a New Orleans elementary school, owed penalties and attorney’s fees to its subcontractor, Fisk Electric Co., over withholding payments to it, the United States Court of...

 

HTMLBeware: New Rigorous Safety Sweeps of NYC Construction Sites to Begin
George E. Pallas, Carol A. Sigmond; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
March 9, 2016, previously published on February 15, 2016
On February 12, 2016, New York City Mayor Bill de Blasio and New York City Department of Buildings Commissioner Rick Chandler announced a new aggressive campaign to improve worker safety on construction sites. Specifically, commencing tomorrow, Tuesday February 16, rigorous safety sweeps of...

 

HTMLTemporary Staffing Agencies May Require Contractor Licensure, Depending Upon Project Location, and the Answer in Virginia Remains Unclear
Gretchen M. Ostroff; Vandeventer Black LLP;
Legal Alert/Article
February 24, 2016, previously published on February 1, 2016
Virginia’s contractor licensing requirements do not specifically address licensure of temporary staffing agencies; but several other states with similar licensing requirements have held that temporary staffing agencies must be licensed as contractors if they supply laborers to construction...

 

HTMLThe Effect of the New Virginia Department of Labor Initiative to Prevent Worker Misclassification on the Use of Temporary Labor in Construction
Gretchen M. Ostroff; Vandeventer Black LLP;
Legal Alert/Article
February 24, 2016, previously published on February 1, 2016
Virginia law is unclear, but temporary staffing agencies may require contractor licensure from DPOR. In other states with similar laws, courts have held that temporary staffing agencies must be licensed as contractors if they supply laborers to construction projects. If temporary staffing agencies...

 

HTMLThe Enforceability of "Evergreen Clauses"
Andrew C. Voorhees; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 24, 2016, previously published on February 11, 2016
An increasing presence in contractual transactions is the automatic renewal clause known as the "Evergreen Clause." An Evergreen Clause allows for an agreement to continue for a defined period if the existing agreement is not renegotiated or properly cancelled within a specified time....

 

HTMLProposals for Settlement and the New Breed of Strict Construction
Kathryn L. Ender; Cole, Scott & Kissane, P.A.;
Legal Alert/Article
February 17, 2016, previously published on February 2, 2016
Proposals for settlement have become common-place in litigation as a strategic means to engage settlement, and as a feeshifting mechanism in the event settlement reaches impasse. Florida Rule of Civil Procedure 1.442 governs the content of proposals for settlement. Although a rule of procedure, the...

 


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