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Documents on construction law
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|Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37|
David R. Mackenzie; Blaney McMurtry LLP;
September 22, 2016, previously published on September 15, 2016On September 15, 2016, the Supreme Court of Canada released the highly anticipated Ledcor decision. In its reasons, the Court assessed the scope of the faulty workmanship exclusion found in a Builders Risk policy, and clarified the standard of review appellate courts should give to standard form...
|New Arizona Laws Seek to Clarify Independent Contractor Status|
Adam P. Boyd, Thomas M. Stanek; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 9, 2016, previously published on August 23, 2016Arizona’s new Declaration of Independent Business Status (DIBS) law went into effect on August 6, 2016. Arizona employers can now clarify their relationships with independent contractors under certain circumstances. For purposes of state law, employers may confirm the independent contractor...
|Key Changes to Security of Payment Regime in Western Australia|
Simon Bellas, Stephen McComish, Paul Riethmuller; Jones Day;
September 6, 2016, previously published on August 2016The Western Australian Government’s long-awaited response to review of the Construction Contracts Act 2004 (WA) (“CCA”) was recently released amid further scrutiny on government-managed construction projects and contractor insolvencies. Professor Evans’s report on the...
|When the Customer Is Not Always Right - Contractor’s Liability When Homeowner Insists on Ignoring Building Codes|
Joseph A. Merlino; Rudolph Friedmann LLP;
August 25, 2016, previously published on April 8, 2016The motto, “The customer is always right,” was popularized by innovators in the retail industry in the early 20th Century. However, the slogan is rarely used in the construction industry - and for good reason. The customer’s desires and expectations when it comes to building or...
|Commercial Contractors: Beware the Cost of Insurance and Indemnity Provisions|
James L. Rudolph; Rudolph Friedmann LLP;
August 25, 2016, previously published on February 24, 2016Owners and general contractors generally want construction site sub-contractors to bear more than their pro rata share of the legal and financial burdens arising from any personal injury or property damage associated with a construction project.
|The Key To Identifying AIA Contract Documents|
Sean M. Golden; Vandeventer Black LLP;
August 24, 2016, previously published on August 2016The American Institute of Architects (AIA) published its first uniform contract for use between an owner and a contractor in 1888. In the 125+ years that have followed, AIA contract documents and administrative forms have emerged as the industry standard, and as the most heavily used group of form...
|Sound The Alarm! Florida Installs Another Construction Industry Regulation|
Laura S. Bauman; Adams and Reese LLP;
August 11, 2016, previously published on July 14, 2016A variety of statutory changes relating to the construction industry took effect on July 1 as the result of the unanimous passage of House Bill 535. Section 20 of the Bill imposes new requirements relating to monitored alarm systems in residential and commercial settings. Under the newly created...
|Louisiana PILOTs: A Flexible Alternative to the State’s Industrial Tax Exemption Program (ITEP)|
James Lawrence Moffett, Tracy Averett Morganti, David M. Wolf; Adams and Reese LLP;
August 11, 2016, previously published on July 20, 2016As a result of Louisiana’s continuing budget woes, Governor John Bel Edwards’ administration has conducted a review of the economic impact and effectiveness of the state’s generous economic development incentives.
|Florida Division II Contractors Face New Fines and Liabilities|
Ryan W. Owen; Adams and Reese LLP;
August 11, 2016, previously published on June 20, 2016On July 1, 2016 House Bill 535 will become effective. It was unanimously approved by the House and Senate, signed by the Governor, and significantly affects many facets of the Construction Industry. As one result, all Class II Contractors including:
|Construction Forecast for 2017 - What Project Types are Predicted to Be Hot?|
George M. Nicholos; Vandeventer Black LLP;
August 6, 2016, previously published on June 2016According to the American Institute of Architect's (AIA) semi-annual Construction Consensus Forecast, construction spending in the non-residential market is predicted to increase by 8.3 percent in 2016 and by 6.7 percent in 2017. Demand is expected to be especially high for project types that...