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|United States Supreme Court to Hear Case Regarding Enforceability of Forum Selection Clauses|
Marc J. Felezzola; Babst Calland;
June 18, 2013, previously published on June 12, 2013Construction subcontracts often contain “forum selection” clauses requiring that the parties to the contract settle all of their disputes in arbitration or litigation in some state that seems entirely unrelated to the construction project but happens to be the state where the general...
|Pennsylvania Superior Court Holds that Mechanics’ Lien Claim Exists for Excavation Work Performed Incidental to a Planned Improvement That Is Never Constructed.|
James D. Miller; Babst Calland;
June 18, 2013, previously published on June 15, 2013In B.N. Excavating, Inc. v. PBC Hollow A, L.P., 2013 PA Super 120 (May 17, 2013), the Pennsylvania Superior Court sitting en banc reached a significant decision regarding whether a mechanics’ lien claim exists for excavation work performed incident to a planned improvement that is never...
|Award Affirmed for Mechanic With Longstanding Back Problem Found to Have Been Worsened By Twisting Motion|
John H. Geaney; Capehart & Scatchard, P.A.;
June 17, 2013Edward Kovalcik worked as a maintenance mechanic at Capital Health-Fuld. He was injured in February 2011 while repairing a door. He said that he twisted to pick up a screw and injured his low back. Dr. Lee Buono, a neurosurgeon at the hospital, came to the scene of the injury and observed Kovalcik...
|Construction Contractors Beware: What To Do When the OFCCP Comes Knocking|
Lindsey A. Coley; Gentry Locke Rakes & Moore, LLP;
June 14, 2013, previously published on June 5, 2013If you are a government contractor or subcontractor, you may be subject to various affirmative action obligations whether you know it or not. The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) is tasked with enforcing these affirmative action obligations.
|Connecticut Supreme Court Allows Coverage for Pre-Suit Settlement of Claims for Post-Completion Property Damage Caused by Defective Construction|
Edmund M. Kneisel, Carl A. Salisbury; Kilpatrick Townsend & Stockton LLP;
June 14, 2013, previously published on June 13, 2013On June 4, 2013, the Connecticut Supreme Court joined a growing number of state high courts to rule that faulty workmanship on a construction project can be covered by commercial general liability insurance policies. The case is Capstone Building Corp. v. American Motorists Insurance Company (the...
|Using Tax Credits to Maximum Benefit for Your Construction Project|
Christen C. Church; Gentry Locke Rakes & Moore, LLP;
June 14, 2013, previously published on June 3, 2013Developers have discovered the benefit of identifying early on if their projects are eligible to participate in tax incentive programs. The Federal Preservation Tax Incentives program alone has certified the rehabilitation of over 38,000 historic buildings, with investments totaling over $66...
|Two Recent Virginia Court Opinions of Interest in Construction Cases|
Spencer M. Wiegard; Gentry Locke Rakes & Moore, LLP;
June 14, 2013, previously published on June 4, 2013Two recent court opinions are of interest to Virginia construction lawyers and businesses. The first one relates to an assignment of a construction contract, and the second one to the enforcement of a mechanic's lien where it has been "bonded off."
|The Cover-up is Always Worse Than The Crime: How to Deal with Federal Investigations|
Justin M. Lugar; Gentry Locke Rakes & Moore, LLP;
June 14, 2013, previously published on June 11, 2013Little known to the public or to the average business (unless you are Martha Stewart, Scooter Libby, or Bernie Madoff) is the text of 18 U.S.C. § 1001(a), which provides for criminal penalties of substantial fines and imprisonment of up to five years for making any false statement to any...
|New Regulation for Construction Financing and Engineering Projects in Brazil|
Ulisses de Araujo Gagliano; Nelson Wilians & Advogados Associados;
June 13, 2013, previously published on June 2013The private sector must be careful whilst engaging in request of expression of interest and unsolicited requests in Brazil (the so called ‘MIP’ and ‘PMI’ - Manifestações de Interesse Privado and Procedimento de Manifestação de Interesse). The...
|Virginia Mechanics Lien Update|
Robert K. Cox; Williams Mullen;
June 13, 2013, previously published on June 11, 2013Contractors and property owners undertaking construction projects in Virginia should take note that the Virginia Legislature has amended the Virginia Mechanic’s Lien Statute, effective July 1, 2013.