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|End of the Road: The Supreme Court of Canada Denies Leave to Appeal in Iona Contractors Ltd. v Guarantee Company of North America|
James W. MacLellan, Richard H. Shaban; Borden Ladner Gervais LLP;
May 10, 2016, previously published on April 14, 2016The Supreme Court of Canada today released its highly anticipated decision in Iona Contractors Ltd. v Guarantee Company of North America, 2015 ABCA 240 dismissing the application for leave to appeal by the Trustee in Bankruptcy (the "Trustee") of the bankrupt, Iona Contractors Inc....
|Consideration of Force Majeure in Construction Contracts|
Jonathan Massell, David A. Senter; Nexsen Pruet, LLC;
May 10, 2016, previously published on April 25, 2016Before entering into a construction contract, consider how force majeure events are evolving in today’s world.
|Where Does the Duty of Care Flow? Limiting the Potentially Broad Liability of Construction Managers|
Steven J. Stuart; Smith, Currie & Hancock LLP;
April 28, 2016, previously published on March 31, 2016Construction managers are often in an unenviable position. With expansive contracts, construction managers perform multiple tasks that may impact many different people. With the general charge of managing a construction project comes the potential of broad liability to those involved with the...
|New Procedure for Setting Trial Dates in Cook County Circuit Court Law Division Cases, Including Construction Injury Cases|
Katie E. Gorrie; Johnson & Bell, Ltd.;
April 26, 2016, previously published on March 2016On March 23, 2016, the Honorable Judge James Flannery, the Presiding Judge of the Law Division of the Circuit Court of Cook County, handed down a General Administrative Order 16-2 that specifies a new procedure for the setting of trial dates relative to cases pending in the Law Division. All cases...
|Corpus Christi Liquefaction Files Construction Progress Report|
Sutherland Asbill Brennan LLP;
April 22, 2016, previously published on April 21, 2016Corpus Christi Liquefaction has filed a report with FERC covering construction through March 2016 at its liquefaction and LNG export terminal at Corpus Christi, Texas. The report states that engineering has progressed to 97.1%, procurement has progressed to 46.0%, and Bechtel’s direct hire...
|The Pennsylvania Supreme and Superior Courts Clarify the “Retained Control” Exception to General Rule of Landowner’s Nonliability for Independent Contractors|
Michael A. Karaffa; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 23, 2016, previously published on March 1, 2016Pennsylvania has long embraced the general rule that a landowner who engages an independent contractor is not liable for the independent contractor’s negligence. Plaintiffs can get around the rule, however, if the landowner kept sufficient control over the worksite under the “retained...
|Appeals Court Rules GC Has “Reasonable Cause” to Withhold Payment|
Kari Kiki Bergeron; Taylor, Porter, Brooks & Phillips, L.L.P.;
March 21, 2016, previously published on March 14, 2016After the Eastern District of Louisiana ruled that General Contractor Woodrow Wilson Construction Co. Inc., hired to build a New Orleans elementary school, owed penalties and attorney’s fees to its subcontractor, Fisk Electric Co., over withholding payments to it, the United States Court of...
|Beware: New Rigorous Safety Sweeps of NYC Construction Sites to Begin|
George E. Pallas, Carol A. Sigmond; Cohen Seglias Pallas Greenhall & Furman PC;
March 9, 2016, previously published on February 15, 2016On February 12, 2016, New York City Mayor Bill de Blasio and New York City Department of Buildings Commissioner Rick Chandler announced a new aggressive campaign to improve worker safety on construction sites. Specifically, commencing tomorrow, Tuesday February 16, rigorous safety sweeps of...
|Temporary Staffing Agencies May Require Contractor Licensure, Depending Upon Project Location, and the Answer in Virginia Remains Unclear|
Gretchen M. Ostroff; Vandeventer Black LLP;
February 24, 2016, previously published on February 1, 2016Virginia’s contractor licensing requirements do not specifically address licensure of temporary staffing agencies; but several other states with similar licensing requirements have held that temporary staffing agencies must be licensed as contractors if they supply laborers to construction...
|The Effect of the New Virginia Department of Labor Initiative to Prevent Worker Misclassification on the Use of Temporary Labor in Construction|
Gretchen M. Ostroff; Vandeventer Black LLP;
February 24, 2016, previously published on February 1, 2016Virginia law is unclear, but temporary staffing agencies may require contractor licensure from DPOR. In other states with similar laws, courts have held that temporary staffing agencies must be licensed as contractors if they supply laborers to construction projects. If temporary staffing agencies...