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|DCO Regime Faces a Real Test|
Katie Scuoler; Dentons Canada LLP;
November 18, 2014, previously published on October 29, 2014Better known as the super-sewer, the Thames Tideway Tunnel (“TTT”) Development Consent Order, granted on 12 September 2014, was a super-sized DCO application. The scheme covers 25km from Acton to Abbey Mills and with 43 hearing sessions and 1246 representations is by far the largest...
|When the “Discovery Rule” is Irrelevant|
Adam L. Gill, Jeffrey L. Hamera; Duane Morris LLP;
November 18, 2014, previously published on September 29, 2014Can the statute of limitations for a claim expire even before a project owner knows that it has a claim? This is a very real possibility if one is not careful in drafting contracts. Courts generally recognize that sophisticated business entities should be permitted to forfeit rights in contracts,...
|Failure to Comply With Prompt Pay Act Trumps Claimed Failure to Perform|
Stanley A. Martin; Duane Morris LLP;
November 17, 2014, previously published on November 3, 2014When a New Jersey public authority failed to comply with the NJ Prompt Pay Act, it was obligated to pay the contractor even though it argued the contractor’s work was defective. That was the decision of the NJ Appellate Division in the case of Aire Enterprises v. Warren County. After...
|Conditional Building Permits: A Very Useful Tool|
Michael Foderick; McCarthy Tétrault LLP;
November 11, 2014, previously published on October 20, 2014There are many situations in which a developer may need to begin construction before a certain date, but cannot get their building permit in time. In Ontario that is usually because they cannot yet meet some very minor “applicable law” requirement that, according the Building Code Act,...
|Navigating the Illinois Anti-Indemnity Statute and Case Law|
Jinyoung (Jenny) Shin; Taft Stettinius & Hollister LLP;
November 5, 2014, previously published on October 1, 2014Construction is a risky proposition. Injury to workers and property loss are significant risks. Accordingly, parties to a construction project often attempt to shift these risks using indemnification provisions. In Illinois, the Construction Contract Indemnification for Negligence Act, 740 ILCS...
|Wyoming Supreme Court Concludes Contractor to Pay For Damages In Excess of Original Project Cost|
Michael R. Bosse; Bernstein Shur;
November 5, 2014, previously published on October 27, 2014An opinion released in a mid-August from the Wyoming Supreme Court concluded that repair damages were appropriate in a residential construction project when the contractor failed to provide an alternative, lower damage value based upon diminution in value of the home during the trial. This case...
|What’s Up With AIA Contract Documents?|
Steven W. Weeks; Taft Stettinius & Hollister LLP;
November 3, 2014, previously published on October 1, 2014For years, AIA has been touting the development of its new version of Contract Documents software that would run in “The Cloud,” which everyone knows from the ubiquitous television commercials is just the current buzzword for Internet-based software. This software development was...
|Building the Impenetrable Brick Wall of Project Documentation|
Eugene J. Heady; Smith, Currie & Hancock LLP;
November 1, 2014, previously published on October 21, 2014Early in my career as a project manager, years before becoming a lawyer, my manager called me into his office and assigned me to a large new project. He explained that the project owner had a reputation for being very litigious, and he needed me to aggressively manage the project to avoid costly...
|Daubert Standard Arrives in Kansas Courtrooms|
John A. Watt; Baker Sterchi Cowden & Rice, L.L.C.;
October 31, 2014, previously published on October 24, 2014In a recent construction design case this law firm, along with co-defendants, successfully moved the Court to exclude certain of plaintiff’s expert witnesses. As reported in a prior post, the State of Kansas amended the relevant statutes regarding the submissibility of expert witness opinions...
|Labor Department Issues Final Rule to Establish a Minimum Wage for Federal Contractors|
Joseph L. Hardesty; Stites & Harbison, PLLC;
October 28, 2014, previously published on October 21, 2014On October 1, 2014, the United States Department of Labor issued a Final Rule to establish a minimum wage of $10.10 per hour for certain federal contractors beginning January 1, 2015. The rule implements a February 12, 2014 Executive Order signed by President Obama “Establishing a Minimum...