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Documents on construction law
 

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HTMLFourth District Reverses Lower Court Ruling in Construction Defect Litigation
John R. Clifford, Edward P. Garson, Gregory D. Hagen, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 18, 2015
On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586.

 

HTMLPublic Entities Beware: Construction Retentions Are Not Insurance Policies
Mandy L. Jeffcoach; McCormick, Barstow, Sheppard, Wayte & Carruth LLP;
Legal Alert/Article
March 5, 2015
Retentions withheld on public contracts have historically been used as a mechanism to protect the public entity from disputes that may arise from its contract with a contractor, whether such disputes related to extra work or defective work. A public entity’s ability to withhold retentions was...

 

HTMLConstruction (Design and Management) Regulations 2015
Paul Brecknell; Withers Bergman LLP;
Legal Alert/Article
March 4, 2015, previously published on February 25, 2015
The current health and safety regime for construction projects, the CDM Regulations 2007, are changing and, subject to Government approval, will be revoked and replaced with the new Construction (Design and Management) Regulations 2015 (CDM 2015) on 6 April 2015. CDM 2015 will apply to all...

 

HTMLIf you are omitting works or amending your contract, watch out!
Paul Brecknell; Withers Bergman LLP;
Legal Alert/Article
March 4, 2015, previously published on February 25, 2015
You want to undertake works and you appoint a contractor. You then change your mind, and decide to omit some of the works or amend the contract. You will need to consider whether this has an impact on other contractual provisions. In a recent case, the court has ruled that a commercially agreed...

 

HTMLAppellate Court Reverses Jury Award To Golf Course Contractor
Jason R. Urbanowicz; Rogers Towers, P.A.;
Legal Alert/Article
March 3, 2015, previously published on January 28, 2015
The Second District Court of Appeal recently reversed a jury verdict that awarded a contractor nearly $300,000 after determining that the amount had already been paid by another entity. The dispute in Tern Bay Community Development District v. Ryangolf Corporation arose from the planned development...

 

HTMLBreaking the Mould - BC Introduces New Building Act
Joy Ren; McCarthy Tétrault LLP;
Legal Alert/Article
March 3, 2015, previously published on March 2, 2015
The Province of British Columbia recently introduced the new Building Act (Bill 3 ¿ 2015) on February 12, 2015, which according to the Province’s newsroom, aims at modernizing the building regulatory system in British Columbia.

 

HTMLWhat Difference Does It Make? Pay If Paid vs. Pay When Paid
Steven W. Weeks; Taft Stettinius & Hollister LLP;
Legal Alert/Article
March 2, 2015, previously published on February 16, 2015
When does a subcontractor get paid for its work? Not surprisingly, this is one of the enduring major issues in subcontract agreements. The traditional provision is exemplified by AIA Document A401: “The Contractor shall pay the Subcontractor each progress payment no later than seven working...

 

HTMLOhio’s Prompt Payment Act Revisited
Lowell T. Woods; Taft Stettinius & Hollister LLP;
Legal Alert/Article
March 2, 2015, previously published on February 16, 2015
Leverage is typically a critical element in any construction dispute, and parties should strategically use all available tools at their disposal to enhance their position when conflicts arise. Ohio’s Prompt Payment Act (the “Act”), Ohio Revised Code § 4113.61, represents one...

 

HTMLWhat’s in that Contract Again? Reflections on the Recent Recession
Travis A. Knobbe; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
February 27, 2015, previously published on Deceber 17, 2014
During and immediately after the most recent recession, construction litigation seemed to hit an apex. New pre-litigation matters to resolve monetary disputes from recession-era construction projects continue to keep many construction lawyers busy. As the economy continues to...

 

HTMLIt's Not the Crime, It's the Cover-Up: Equitable Estoppel in Construction Defect Claims
Bryan G. Scott; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
February 27, 2015, previously published on December 16, 2014
More than 20 years ago, the Watergate scandal taught us “it’s not the crime, it’s the cover-up” that does the damage. The ensuing decades have brought a steady stream of individuals and companies that had to learn the truth of this adage the hard way. Construction companies...

 


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