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HTMLReplacing the Construction (Design and Management) Regulations 2007 (CDM 2007)
Anne Davies, Julie Teal; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 10, 2014
CDM 2007 has so far regulated and managed work place health and safety on construction sites. The proposed Construction (Design and Management) Regulations (the new CDM Regulations) will revoke and re-enact with modifications CDM 2007. Please note these rules are not in existence at present. The...

 

HTMLProcess Safety Within New York City Department Of Buildings Questioned By Comptroller’s Audit
Sutherland Asbill Brennan LLP;
Legal Alert/Article
November 28, 2014, previously published on November 12, 2014
Although most of our postings relate to company safety practices, the concept of process safety is equally critical for government agencies tasked with ensuring safety. New York City’s Comptroller reported on Friday that a recent audit of the New York City Department of Buildings...

 

HTMLMassachusetts Supreme Judicial Court: Economic Loss Doctrine Does Not Apply to Claims for Damage to Condominium Common Areas
Jason P. Rogers; Hinckley Allen Snyder LLP;
Legal Alert/Article
November 28, 2014, previously published on October 30, 2014
A recent decision by the Massachusetts Supreme Judicial Court (SJC) has added another twist to the ever-evolving “economic loss doctrine,” a legal rule that ordinarily bars recovering damages for economic loss based on negligence, absent physical property damage or personal injury. In...

 

HTMLMassachusetts Governor Signs Bill Capping Retainage on Private Projects at 5%
Jonathan T. Elder; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
November 28, 2014, previously published on October 30, 2014
On Aug. 8, 2014, Massachusetts Governor Deval Patrick signed into law “An Act Relative to Fair Retainage Payments in Private Construction” (the “Act”). The Act’s primary feature is the establishment of a 5% limit on retainage on private construction projects for which...

 

HTMLLakewood City Council Passes Ordinance Addressing Construction Defect Litigation
Benton J. Barton, Clinton L. Coberly, Todd H. Fleckenstein, Gary L. Kuhn, Brian P. Molzahn; Hall & Evans, L.L.C.;
Legal Alert/Article
November 28, 2014, previously published on October 13, 2014
On October 13, 2014, the Lakewood City Council passed an ordinance altering the way a construction defect action can proceed within the City’s limits. The overall purpose of the statute is to “encourage the construction of owner-occupied multi-family developments” in the City of...

 

Adobe PDFPTAB Follows District Court’s Claim Construction
Craig W. Kronenthal; Banner & Witcoff, Ltd.;
Legal Alert/Article
November 28, 2014, previously published on November 10, 2014
In construing a term in a claim of an expired patent, the PTAB followed the district court in adopting the petitioner’s proposed construction.

 

HTMLStart Talking, Tom Hagen: Disclosure of Attorney-Client Communications under the Crime Fraud Exception
Christina A. Fish; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
November 28, 2014, previously published on October 30, 2014
In the film The Godfather, not even Peter Clemenza could make mafia lawyer Tom Hagen sing about his “special practice” or his “one client.” However, a recent ruling by Judge Saylor of the United States District Court for the District of Massachusetts (part of the First...

 

HTMLOSHA New Reporting Requirements - Commence January 1, 2015
Richard D. Wayne; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
November 28, 2014, previously published on October 30, 2014
On September 11, 2014, OSHA issued new regulations that will change the reporting requirements for workplace injuries and fatalities. These changes will significantly affect contractors. The new reporting requirements become effective on January 1, 2015. (By contrast, OSHA’s existing record...

 

HTMLA Bridge Over Deregulated Waters: The New Navigation Protection Act
Jordanna Cytrynbaum, Miriam Isman; McCarthy Tétrault LLP;
Legal Alert/Article
November 28, 2014, previously published on November 17, 2014
On April 1, 2014, the Federal Navigation Protection Act, R.S.C. 1985, c. N-22 (the “New Act”) came into force, replacing the Navigable Waters Protection Act (the “Old Act”) and making notable changes to Canada’s regulation of waterways. The legislative objective is to...

 

HTMLDCO Regime Faces a Real Test
Katie Scuoler; Dentons Canada LLP;
Legal Alert/Article
November 18, 2014, previously published on October 29, 2014
Better 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...

 


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