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Documents on construction law
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|Construction Manager More at Risk?|
Warren E. Friedman; Peckar & Abramson A Professional Corporation;
December 12, 2014, previously published on November 2014The Massachusetts Superior Court issued an opinion this summer which expands the risk of doing business as a Construction Manager At-Risk (“CM@R”). That Massachusetts trial court ruled, in what it determined was a matter of fi rst impression, that a CM@R could not sue an owner for...
|New Supplementary Rules for Fixed Time and Cost Construction Arbitration have been developed by the American Arbitration Association|
December 10, 2014, previously published on October 27, 2014Arbitration has historically been the preferred method for resolving construction disputes in the United States, as many in the industry have (1) preferred the idea of having complex construction disputes decided by someone with construction-specific experience and expertise, and (2) viewed...
|Pennsylvania Amends Mechanics’ Lien Law to Create New Notice Procedures and Requirements|
December 10, 2014, previously published on October 14, 2014On October 14, 2014, Governor Tom Corbett signed into law Act No. 142 (the “Act”) amending the Pennsylvania Mechanics’ Lien Law, 49 P.S. 1101 et seq., which brings Pennsylvania in line with several other states by creating a more structured notice procedure for owners and...
|Massachusetts Supreme Judicial Court: Economic Loss Doctrine Does Not Apply to Claims for Damage to Condominium Common Areas|
Jason P. Rogers; Hinckley Allen Snyder LLP;
November 28, 2014, previously published on October 30, 2014A recent decision by the Massachusetts Supreme Judicial Court (SJC) has added another twist to the ever-evolving “economic loss doctrine,” a legal rule that ordinarily bars recovering damages for economic loss based on negligence, absent physical property damage or personal injury. In...
|Start Talking, Tom Hagen: Disclosure of Attorney-Client Communications under the Crime Fraud Exception|
Christina A. Fish; Hinckley, Allen & Snyder LLP;
November 28, 2014, previously published on October 30, 2014In the film The Godfather, not even Peter Clemenza could make mafia lawyer Tom Hagen sing about his “special practice” or his “one client.” However, a recent ruling by Judge Saylor of the United States District Court for the District of Massachusetts (part of the First...
|Process Safety Within New York City Department Of Buildings Questioned By Comptroller’s Audit|
Sutherland Asbill Brennan LLP;
November 28, 2014, previously published on November 12, 2014Although most of our postings relate to company safety practices, the concept of process safety is equally critical for government agencies tasked with ensuring safety. New York City’s Comptroller reported on Friday that a recent audit of the New York City Department of Buildings...
|Replacing the Construction (Design and Management) Regulations 2007 (CDM 2007)|
Anne Davies, Julie Teal; Withers Bergman LLP;
November 28, 2014, previously published on November 10, 2014CDM 2007 has so far regulated and managed work place health and safety on construction sites. The proposed Construction (Design and Management) Regulations (the new CDM Regulations) will revoke and re-enact with modifications CDM 2007. Please note these rules are not in existence at present. The...
|A Bridge Over Deregulated Waters: The New Navigation Protection Act|
Jordanna Cytrynbaum, Miriam Isman; McCarthy Tétrault LLP;
November 28, 2014, previously published on November 17, 2014On April 1, 2014, the Federal Navigation Protection Act, R.S.C. 1985, c. N-22 (the “New Act”) came into force, replacing the Navigable Waters Protection Act (the “Old Act”) and making notable changes to Canada’s regulation of waterways. The legislative objective is to...
|Lakewood City Council Passes Ordinance Addressing Construction Defect Litigation|
Benton J. Barton, Clinton L. Coberly, Todd H. Fleckenstein, Gary L. Kuhn, Brian P. Molzahn; Hall & Evans, L.L.C.;
November 28, 2014, previously published on October 13, 2014On October 13, 2014, the Lakewood City Council passed an ordinance altering the way a construction defect action can proceed within the City’s limits. The overall purpose of the statute is to “encourage the construction of owner-occupied multi-family developments” in the City of...
|Massachusetts Governor Signs Bill Capping Retainage on Private Projects at 5%|
Jonathan T. Elder; Hinckley, Allen & Snyder LLP;
November 28, 2014, previously published on October 30, 2014On Aug. 8, 2014, Massachusetts Governor Deval Patrick signed into law “An Act Relative to Fair Retainage Payments in Private Construction” (the “Act”). The Act’s primary feature is the establishment of a 5% limit on retainage on private construction projects for which...