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HTMLCondominium Associations’ Rights are Expanded Against Developers
James S. Singer; Rudolph Friedmann LLP;
Legal Alert/Article
December 26, 2014, previously published on November 20, 2014
In 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.

 

HTMLWhen Does a ‘no damage for delay clause’ Apply? It Depends!
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
December 22, 2014, previously published on November 21, 2014
This 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...

 

HTMLEngineers in Idaho: Working Remotely is Lienable!
Asha Echeverria; Bernstein Shur;
Legal Alert/Article
December 22, 2014, previously published on November 21, 2014
In 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...

 

Adobe PDFConstruction Manager More at Risk?
Warren E. Friedman; Peckar & Abramson A Professional Corporation;
Legal Alert/Article
December 12, 2014, previously published on November 2014
The 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...

 

HTMLNew Supplementary Rules for Fixed Time and Cost Construction Arbitration have been developed by the American Arbitration Association
Babst Calland;
Legal Alert/Article
December 10, 2014, previously published on October 27, 2014
Arbitration 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...

 

HTMLPennsylvania Amends Mechanics’ Lien Law to Create New Notice Procedures and Requirements
Babst Calland;
Legal Alert/Article
December 10, 2014, previously published on October 14, 2014
On 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...

 

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...

 

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.

 

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...

 

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...

 


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