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|Condominium Associations’ Rights are Expanded Against Developers|
James S. Singer; Rudolph Friedmann LLP;
December 26, 2014, previously published on November 20, 2014In a case of first impression, the Massachusetts Supreme Judicial Court expanded the rights of condominium associations to recover for damage for the negligent construction of common areas of a condominium development. The case is Wyman et al. v. Ayer Properties, LLC.
|When Does a ‘no damage for delay clause’ Apply? It Depends!|
Michael R. Bosse; Bernstein Shur;
December 22, 2014, previously published on November 21, 2014This summary presents two cases, one from Texas and one from Connecticut, that analyzed “no damage for delay clauses” and reached different conclusions. Like so many cases, these two claims turned on the facts present in each matter. This is just another reminder that the precise facts...
|Engineers in Idaho: Working Remotely is Lienable!|
Asha Echeverria; Bernstein Shur;
December 22, 2014, previously published on November 21, 2014In Hap Taylor & Sons, Inc. v. Summerwind Partners, LLC et al., No. 40514, 2014 WL 5861063, — P.3d -, (Idaho Nov. 13, 2014), the Idaho Supreme Court clarified the application and extent of a professional services mechanic’s lien under Idaho law. This case involved the infrastructure...
|Construction Manager More at Risk?|
Warren E. Friedman; Peckar & Abramson A Professional Corporation;
December 12, 2014, previously published on November 2014The Massachusetts Superior Court issued an opinion this summer which expands the risk of doing business as a Construction Manager At-Risk (“CM@R”). That Massachusetts trial court ruled, in what it determined was a matter of fi rst impression, that a CM@R could not sue an owner for...
|New Supplementary Rules for Fixed Time and Cost Construction Arbitration have been developed by the American Arbitration Association|
December 10, 2014, previously published on October 27, 2014Arbitration has historically been the preferred method for resolving construction disputes in the United States, as many in the industry have (1) preferred the idea of having complex construction disputes decided by someone with construction-specific experience and expertise, and (2) viewed...
|Pennsylvania Amends Mechanics’ Lien Law to Create New Notice Procedures and Requirements|
December 10, 2014, previously published on October 14, 2014On October 14, 2014, Governor Tom Corbett signed into law Act No. 142 (the “Act”) amending the Pennsylvania Mechanics’ Lien Law, 49 P.S. 1101 et seq., which brings Pennsylvania in line with several other states by creating a more structured notice procedure for owners and...
|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...
|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.
|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...
|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...