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|Colorado Construction Defect Legislation|
Christina M. Gilbertson, Thomas R. Leemon; Wood, Smith, Henning & Berman LLP;
April 15, 2015, previously published on February 11, 2015While we are only a month into the Colorado legislative session, we want to give you an update regarding the introduction of two bills and what is shaping up to be a hot button topic during this year’s legislative session: construction defect reform.
|Massive Overhaul of Nevada Construction Defect Statute|
T. Blake Gross, Janice M. Michaels, Anthony S. Wong; Wood, Smith, Henning & Berman LLP;
April 15, 2015, previously published on February 25, 2015On February 24, 2015, Governor Brian Sandoval signed Assembly Bill 125 (AB 125) into law. AB 125 substantially changes Nevada’s construction defect laws and will likely change the landscape of both litigation and construction practices. As one of the leading Nevada firms representing builders...
|Home Builders Win the Fight for their Right . . . to Repair that Home!|
Matthew B. Baltierra, Jill Ann Herman; Wood, Smith, Henning & Berman LLP;
April 15, 2015, previously published on March 25, 2015Builders in Arizona can now add the “right to repair” to their list of rights in fighting construction defect claims. For those not following the legislative battle in Arizona, the plaintiff bar has been fighting hard against proposed changes to how construction cases are litigated....
|New Greenfield Project: Madrid's City of Justice|
Javier Lasa, Joaquin Perez-Marsa; Dentons Canada LLP;
April 14, 2015, previously published on March 16, 2015Madrid’s Regional Government has recently announced the opening of the bid for the new City of Justice. The project foresees the construction and operation of a new town district in the outskirts of Madrid where all the courts of justice of the capital will be gathered. The City of Justice...
|Oh...By the Way....Don’t Forget To Wash Your Hands!|
John Swansinger; Buckingham, Doolittle & Burroughs, LLC;
April 10, 2015, previously published on March 27, 2015We can’t preach enough that, when it comes to construction contracts, words mean everything. I am writing about a tragic case involving the spread of Legionnaires disease being cause by shoddy workmanship in a new construction project. In 2007, Miami Valley Hospital and its corporate arm,...
|Ohio Supreme Court: Municipalities Cannot Obstruct Oil and Gas Development That the State Has Permitted|
Matthew R. Duncan, Michael J. Matasich; Buckingham, Doolittle & Burroughs, LLC;
April 10, 2015, previously published on February 19, 2015The Ohio Supreme Court has issued an important decision in State ex rel. Morrison v. Beck Energy Corp., Slip Opinion No. 2015-Ohio-485 reaffirming the preeminent role of the State of Ohio in regulating oil and gas drilling over local municipalities.
|Review of US Patent Claims Construction Gets Canadianized|
Martin Brandsma, David Tait; McCarthy Tétrault LLP;
April 7, 2015, previously published on January 26, 2015On January 20, 2015, the US Supreme Court rendered its precedent-setting decision in Teva that reversed the Federal Circuit’s practice of reviewing all District Court claim constructions de novo on appeal. Instead the Supreme Court found that some decisions are entitled to deference as a...
|First Things First: Registration and Licensing Requirements for Contractors Working in Foreign Jurisdictions|
Lochlin B. Samples; Smith, Currie & Hancock LLP;
April 7, 2015, previously published on March 2, 2015Construction companies’ increasing opportunities to perform work across state lines poses unique challenges and requirements, not the least of which are general business registrations and licensing requirements. While the exact requirements will vary from state-to-state, virtually every state...
|Arizona’s New Construction Defect Law is Effective the Summer of 2015|
C. Cole Crabtree; Jaburg Wilk;
April 7, 2015On March 23, 2015, Arizona Governor, Doug Ducey, signed into law House Bill 2578. This new legislation relates specifically to Arizona¿s construction defect claims and revises the Purchaser Dwelling Actions statute - ARS § 12-1361, et al. The new law is effective the summer of 2015.
|Restrictive Covenants in the Construction Industry: An Often Overlooked and Underutilized Source of Protection|
Matthew A. Green; Obermayer Rebmann Maxwell & Hippel LLP;
April 6, 2015, previously published on March 2, 2015Restrictive covenants come in many forms; they can be stand-alone agreements, such as a confidentiality agreement, or they can be included in various types of contracts, such as noncompete or nonsolicitation provisions in employment contracts, asset purchase agreements or stock purchase agreements.