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|Contractors Beware: Washington Court Rules Good Cause Not Required to Terminate Contract for Convenience|
Timothy John Repass; Wood, Smith, Henning & Berman LLP;
September 3, 2015, previously published on September 1, 2015The Washington State Court of Appeals held on August 10, 2015, that a termination for convenience provision in a private construction contract is enforceable where there is adequate consideration in the form of partial performance of the contract and payment for such work.
|Compliance Programs-When They Work and When They Don’t|
Richard T. Preiss; Peckar & Abramson A Professional Corporation;
September 1, 2015In today’s regulated economy, compliance programs are a necessity across most industries. That is no less so for the construction industry.
|Fluor Corp. v. Superior Court (Cal. Sup. Ct. 2015) ---- Cal.4th ----, ---- W.L. ----, Case No. S205889|
McCormick Barstow Sheppard Wayte Carruth LLP;
September 1, 2015, previously published on August 28, 2015Fluor Corporation was involved in engineering, procurement and construction (EPC) activities and, beginning in 1971 and until 1986, was insured by Hartford. Each Hartford policy contained a consent to assignment clause requiring the insurer's consent before any assignment would be binding....
|Construction Status Report Filed for Corpus Christi LNG Project|
Sutherland Asbill Brennan LLP;
August 27, 2015, previously published on August 26, 2015Corpus Christi Liquefaction, LLC has filed a report with FERC on the status of construction of its LNG export terminal near Corpus Christi, Texas through July 2015. The report states that engineering has progressed to 71.9%, procurement has progressed to 25.9%, subcontract and direct hire...
|A Word of Caution to Design-Builders|
Ashley G. Moss; Vandeventer Black LLP;
August 25, 2015, previously published on August 2015The Virginia Department of Professional and Occupational Regulation (“DPOR”) licenses professional contractors, engineers, and architects in Virginia and punishes those who violate licensure laws. Although sometimes overlooked, businesses that provide professional services must also be...
|FERC to Prepare Environmental Assessment for Freeport LNG Train 4 Project|
Sutherland Asbill Brennan LLP;
August 21, 2015, previously published on August 20, 2015FERC has issued a notice of its intent to prepare an environmental assessment (EA) for Freeport LNG Development, L.P.’s proposal to add a fourth liquefaction train (Train 4 Project) at its LNG export terminal currently under construction on Quintana Island in Brazoria County, Texas. The Train...
|Breathing Room: The Alberta Court of Appeal Addresses the New Limitation Period for Third-Party Claims|
Christopher Petrucci; Bennett Jones LLP;
August 20, 2015, previously published on August 13, 2015The limitation period for a defendant seeking contribution from a third party has changed. In last month's Alberta Court of Appeal decision of Whitecourt Power Limited Partnership v Elliott Turbomachinery Canada Inc., 2015 ABCA 252 (Whitecourt Power), the Court interpreted a recent amendment to the...
|Supreme Court Takes on Housing Discrimination|
Christopher A. Roach; Adams and Reese LLP;
August 20, 2015, previously published on August 17, 2015The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor neighborhoods violate the Fair Housing Act (FHA), even if there is no proof that discrimination was intentional. In a 5-4 decision, the Court formally recognized the availability of “disparate...
|Active Settlement Construction, The Mediation Society|
August 18, 2015, previously published on September 2012Active Settlement Construction
|Chapter 558 Notice and the Duty to Defend|
Lindsay G. McCormick; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 14, 2015, previously published on September 1, 2015For those of us who immerse ourselves in the world of construction law, we know that liability and coverage is far too intertwined for anyone to completely practice in only one realm. Many times, the issues of liability and coverage overlap and require expertise and knowledge of both areas to...