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|Replacing the Construction (Design and Management) Regulations 2007 (CDM 2007)|
Anne Davies, Julie Teal; Withers Bergman LLP;
November 28, 2014, previously published on November 10, 2014CDM 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...
|Process Safety Within New York City Department Of Buildings Questioned By Comptroller’s Audit|
Sutherland Asbill Brennan LLP;
November 28, 2014, previously published on November 12, 2014Although 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...
|Massachusetts Supreme Judicial Court: Economic Loss Doctrine Does Not Apply to Claims for Damage to Condominium Common Areas|
Jason P. Rogers; Hinckley Allen Snyder LLP;
November 28, 2014, previously published on October 30, 2014A 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...
|Massachusetts Governor Signs Bill Capping Retainage on Private Projects at 5%|
Jonathan T. Elder; Hinckley, Allen & Snyder LLP;
November 28, 2014, previously published on October 30, 2014On 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...
|Lakewood 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.;
November 28, 2014, previously published on October 13, 2014On 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...
|PTAB Follows District Court’s Claim Construction|
Craig W. Kronenthal; Banner & Witcoff, Ltd.;
November 28, 2014, previously published on November 10, 2014In construing a term in a claim of an expired patent, the PTAB followed the district court in adopting the petitioner’s proposed construction.
|Start Talking, Tom Hagen: Disclosure of Attorney-Client Communications under the Crime Fraud Exception|
Christina A. Fish; Hinckley, Allen & Snyder LLP;
November 28, 2014, previously published on October 30, 2014In 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...
|OSHA New Reporting Requirements - Commence January 1, 2015|
Richard D. Wayne; Hinckley, Allen & Snyder LLP;
November 28, 2014, previously published on October 30, 2014On 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...
|A Bridge Over Deregulated Waters: The New Navigation Protection Act|
Jordanna Cytrynbaum, Miriam Isman; McCarthy Tétrault LLP;
November 28, 2014, previously published on November 17, 2014On 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...
|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...