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HTMLGetting Paid On Time: The Prompt Pay Act
Robert S. Campbell; Pessin Katz Law, P.A.;
Legal Alert/Article
August 1, 2014, previously published on July 24, 2014
Contractors in Maryland have available statutory remedies for non-payment. The Maryland Code contains a Prompt Pay Act (the “Act”). Md. Code Ann., Real Prop. § 9-301 et seq. (Repl. Vol. 2010). The Act entitles a contractor or subcontractor that performs work or furnishes materials...


HTML“Your Work” Exclusion Bars Coverage for Tearing Down & Rebuilding Wall
Collins Lacy P.C.;
Legal Alert/Article
August 1, 2014, previously published on July 2014
The S.C. Court of Appeals recently applied the “your work” exclusion in a declaratory judgment action arising out of a construction defect suit to find the policy did not provide coverage. In Precision Walls v. Liberty Mutual Fire Insurance Co., Op. No. 5250 (S.C. Ct. App. filed July...


HTMLUpdate on Discoverability of Attorney-Expert Communications
Matthew L. Erlanger, Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
July 31, 2014, previously published on July 25, 2014
On April 29, 2014 an evenly divided Pennsylvania Supreme Court in Barrick v. Holy Spirit Hospital upheld a lower court ruling holding that communications between a party’s attorney and a party’s expert witness are exempt from disclosure during discovery. This case was previously...


HTMLSurprising Shakeup in Construction Lending: New Law Kisses Kessler Goodbye
Katherine E. Missimer; Obermayer Rebmann Maxwell & Hippel LLP;
Legal Alert/Article
July 30, 2014, previously published on July 14, 2014
On July 9, 2014, Governor Tom Corbett signed into law Act 117 of 2014 which amends the Mechanics’ Lien Law to grant lien priority to open-end mortgages over mechanics’ liens, provided that sixty percent (60%) of the proceeds of such mortgages are used for construction costs.


HTMLQatar Construction Update - Enforcement of Arbitration Awards in Qatar
Dentons Canada LLP;
Legal Alert/Article
July 29, 2014, previously published on July 8, 2014
Qatar has seen a positive step forward in the enforcement of arbitration awards recently with a decision by the Court of Cassation examining the application of the New York Convention, of which Qatar is a member, in respect of enforcement of arbitration awards in Qatar.


HTMLPresident Obama Signs Executive Order Prohibiting Sexual Orientation and Gender Identity Discrimination by Federal Contractors
Randall D. Avram, James H. Coil, Susan W. Pangborn, Chuck Rice; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
July 28, 2014, previously published on July 21, 2014
On July 21, 2014, President Obama signed Executive Order 11478 prohibiting federal contractors and subcontractors and construction employers working on federally assisted construction projects from discriminating in employment on the basis of sexual orientation and gender identity. This marks the...


HTMLAct 117 Signed into Law Amending the Mechanic’s Lien Law and Easing Construction Lending
Derek P. Dissinger; Barley Snyder;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
A few months ago we published an article titled, “Pennsylvania House and Senate Pass Bills to Ease Construction Lending.” The article described Senate Bill 145 of 2014 which contemplated amendments to the Mechanic’s Lien Law of 1963 authored to ease construction lending....


HTMLPrincipal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price
Meredith A. Jones-McKeown; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 16, 2014
On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP. The court held that the “principal architect” “owes a duty of care to future homeowners in the design of a residential building ....


HTMLPennsylvania Mechanics' Lien Law Amended, Clarifying Open-End Construction Loan Mortgage Priority
Duane Morris LLP;
Legal Alert/Article
July 23, 2014, previously published on July 16, 2014
On July 9, 2014, Pennsylvania Governor Tom Corbett signed into law Act 117 of 2014, which amends the Pennsylvania Mechanics' Lien Law (MLL), 49 P.S. 1101, et seq., to provide that a construction loan secured by an open-end mortgage where at least 60 percent of the proceeds are "intended to pay...


HTMLThe Economic Loss Doctrine Scaled Back in Massachusetts
Asha Echeverria; Bernstein Shur;
Legal Alert/Article
July 22, 2014, previously published on July 18, 2014
In a case recently decided by the Massachusetts Supreme Court, the Court reaffirmed that the Economic Loss Rule applies to construction cases in Massachusetts. The trustees of the Market Gallery Condominiums in Lowell filed an action against Ayer Properties seeking damages for the negligent...


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