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|Understanding Real Estate Tax Assessment Procedures|
Scott C. Miller, Shane L. Smith; Williams Mullen;
March 13, 2014, previously published on March 12, 2014If the locality where your company’s real property is situated went through a revaluation of real property for tax purposes effective as of January 1, 2014, your company should soon be receiving a notice of assessment. You may open the envelope with a sigh, read the contents, and wonder how...
|The Florida Supreme Court Takes the “Self” Out of “Self-Insured Retention” and Rules that the Insured’s Self-Insured Retention Can Be Satisfied by Payment by Someone Other Than the Insured|
Patrick Frye; Edwards Wildman Palmer LLP;
March 13, 2014, previously published on March 11, 2014In Intervest Construction of Jax v. General Fidelity Ins. Co., the Florida Supreme Court considered insurance policy language that called for a self-insured retention to be exhausted by “payments made by the insured.” The court decided that those payments could be made by someone else...
|Inside the Courts: Supreme Court Agrees to Review American Pipe Tolling Issue|
Jay B. Kasner, Matthew J. Matule, Edward B. Micheletti, Amy S. Park, Noelle M. Reed; Skadden, Arps, Slate, Meagher & Flom LLP;
March 12, 2014, previously published on March 10, 2014This morning, the Supreme Court granted the writ of certiorari in Public Employees Retirement System of Mississippi v. IndyMacMBS, Inc. The petition raises an issue regarding the application of American Pipe tolling to claims brought under the Securities Act of 1933. In American Pipe &...
|It’s Not Always Just What You Say, So Watch What You Do|
Asha Echeverria; Bernstein Shur;
March 12, 2014, previously published on March 4, 2014Last summer, a Washington state appellate court upheld a lower court ruling that parties’ conduct can waive contractual requirements that performance of additional or extra work be approved in writing. This should remind everyone in the construction industry that even the best terms in a...
|EPA Regulation of Greenhouse Gases: Can They Do That?|
Michael R. Bosse; Bernstein Shur;
March 12, 2014, previously published on March 4, 2014On February 24th, the United States Supreme Court heard oral arguments on a challenge to the Environmental Protection Agency’s power to regulate greenhouse gases, which could affect development in the construction industry. Companies in the utility industry and chambers of commerce in 13...
|Wyden Seeks “Fresh Thinking”|
McDonald Hopkins LLC;
March 11, 2014, previously published on March 7, 2014Newly minted Senate Finance Chair Ron Wyden (D-OR) weighed in on infrastructure spending and the highway trust fund this week in a budget hearing with Treasury Secretary Jack Lew. In remarks at the hearing, Chairman Wyden said:
|Understanding the “Your Work” Exclusion in CGL Insurance Policies|
Maggie D. Finnegan; Vandeventer Black LLP;
March 11, 2014, previously published on March 2014Most construction contracts require contractors to carry CGL insurance to cover potential liability due to property damage and bodily injury. However, it is important to note that CGL policies often include numerous policy exclusions.
|Recent Changes in New York City's Standard Construction Contract|
Duane Morris LLP;
March 11, 2014, previously published on March 10, 2014With its new Standard Construction Contract, issued in December 2013, the City of New York (the "City") has implemented numerous significant changes as compared with its 2008 standard contract. This Alert briefly summarizes some of the new provisions.
|Los Angeles County Court of Appeal Issues a Pair of Important Decisions on the Right to Repair Act|
Keith Smith; Wood, Smith, Henning & Berman LLP;
March 10, 2014, previously published on February 26, 2014On February 19, 2014, the California Court of Appeal, Second Appellate District, Division Three issued its opinion in Burch v. Superior Court, supporting the much criticized decision of the Fourth Appellate District, Division Three (Orange County) in the case of Liberty Mutual Insurance Co. v....
|Update Regarding Colorado’s 2014 Legislative Session|
Wood Smith Henning Berman LLP;
March 10, 2014, previously published on February 25, 2014The most recent session of Colorado’s general Assembly began on January 8, 2014. This is a highlight of the bills that have been introduced so far which we thought would be of interest to our construction clients.