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Adobe PDFAre Non-Compete Agreements Right for Your Construction Company?
Peter C. Vilmos; Burr & Forman LLP;
Legal Alert/Article
February 15, 2017, previously published on January/February 2017
Non-compete agreements, or non-competition agreements, are contracts into which an employer and an employee enter that restricts the work the employee can perform for another company when the employee’s tenure at the employer company ends. Typically, it’s illegal to intentionally...

 

Adobe PDFA Look Ahead at Construction in 2017
Matthew J. DeVries; Burr & Forman LLP;
Legal Alert/Article
February 14, 2017, previously published on December 2016
On behalf of Burr’s Construction Practice Group and the entire firm, I wish you, your family and your company continued success and the very best this Holiday Season. I think most of us can see that the growth in construction predicted last year for 2016 came to fruition in many instances....

 

HTMLNJ Supreme Court Affirms that Consequential Damages Caused by Subcontractor’s Faulty Workmanship is Property Damage and an Occurrence.
Daniel J. Algieri; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 3, 2017, previously published on January 3, 2017
In August 2016, the New Jersey Supreme Court affirmed a 2015 Appellate Division decision that established that, pursuant to a plain meaning interpretation of the terms as defined in the Insurance Services Office, Inc.’s (ISO) 1986 standard CGL form, consequential damages caused by a...

 

HTMLCourt Finds “Bargained-For Benefit” of Roofing Work Despite Water Problems
William S. McCoy; McDonald Hopkins LLC;
Legal Alert/Article
January 27, 2017, previously published on January 13, 2017
Does a breach of contract occur when a roofing job results in moisture developing inside of a building? An Ohio appellate court recently addressed that issue in Coliadis v. Holko Enercon, Inc. and found that despite the water problems, the plaintiff property-owner received the benefit of the...

 

HTMLU.S. Supreme Court Holds that the Securities Exchange Act Does Not Block Shareholders from Bringing Certain Securities Claims in State Court.
Daniel J. Algieri; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
In August 2016, the New Jersey Supreme Court affirmed a 2015 Appellate Division decision that established that, pursuant to a plain meaning interpretation of the terms as defined in the Insurance Services Office, Inc.’s (ISO) 1986 standard CGL form, consequential damages caused by a...

 

HTMLMassachusetts High Court Rules Prong Two of Independent Contractor Test is Severable for FAAAA Preemption Purposes
Robert M. Shea; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 12, 2017, previously published on January 5, 2017
Massachusetts’s highest court recently issued a decision that impacts the ability of delivery companies operating in the commonwealth to use independent contractors in providing delivery services. In Chambers v. RDI Logistics, Inc., the Massachusetts Supreme Judicial Court (SJC) ruled that...

 

HTMLConstruction One-Minute Read: Carefully Crafting Internal Reports
Jonathan Mraunac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 22, 2016, previously published on November 30, 2016
Contractors often prepare internal investigative reports concerning situations that could lead to future litigation. Like most other internal business records, internal reports are discoverable in litigation. Once disclosed externally, an internal report can be damaging to the contractor’s...

 

Adobe PDFFixing the Problem - Not the Blame
Curtis W. Martin; Peckar & Abramson A Professional Corporation;
Legal Alert/Article
December 21, 2016, previously published on November 2016
Who is responsible for defective design under Texas law? The contractor, under Lonergan? The owner, under Spearin? A recent Fifth Circuit decision suggests that in some cases this might be the wrong question when design responsibility is disputed. The appellate court recently remanded a case back...

 

HTMLAttorneys Brian Tokarz and Matthew Fisher to Present to the National Business Institute on Construction Defect Insurance Coverage Issues
Matthew V. Fisher, Brian C. Tokarz; Meissner Tierney Fisher & Nichols S.C.;
Legal Alert/Article
December 7, 2016, previously published on November 2016
Join attorneys Brian Tokarz and Matthew Fisher for the National Business Institute’s video webcast on Monday, December 19, 2016 at 9:00 a.m. CST. The webcast, "Construction Defect Insurance Coverage Issues Demystified” will help all interested attorneys, insurance professionals,...

 

HTMLProject Labor Agreements in Public and Private Contracting
Jonathan R. Mayo; Smith, Currie & Hancock LLP;
Legal Alert/Article
November 29, 2016, previously published on November 2016
Finding and hiring qualified construction workers is a growing challenge for contractors across North America. One method of securing labor is through a Project Labor Agreement (PLA). A PLA is a pre-hire agreement between a project owner or contractor and one or more labor unions that establishes...

 


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