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|Building the Impenetrable Brick Wall of Project Documentation|
Eugene J. Heady; Smith, Currie & Hancock LLP;
November 1, 2014, previously published on October 21, 2014Early in my career as a project manager, years before becoming a lawyer, my manager called me into his office and assigned me to a large new project. He explained that the project owner had a reputation for being very litigious, and he needed me to aggressively manage the project to avoid costly...
|Daubert Standard Arrives in Kansas Courtrooms|
John A. Watt; Baker Sterchi Cowden & Rice, L.L.C.;
October 31, 2014, previously published on October 24, 2014In a recent construction design case this law firm, along with co-defendants, successfully moved the Court to exclude certain of plaintiff’s expert witnesses. As reported in a prior post, the State of Kansas amended the relevant statutes regarding the submissibility of expert witness opinions...
|Labor Department Issues Final Rule to Establish a Minimum Wage for Federal Contractors|
Joseph L. Hardesty; Stites & Harbison, PLLC;
October 28, 2014, previously published on October 21, 2014On October 1, 2014, the United States Department of Labor issued a Final Rule to establish a minimum wage of $10.10 per hour for certain federal contractors beginning January 1, 2015. The rule implements a February 12, 2014 Executive Order signed by President Obama “Establishing a Minimum...
|How Far Can Quebec’s Public Authorities Go When Evaluating a Contractor’s Performance?|
Yvan Houle; Borden Ladner Gervais LLP;
October 21, 2014, previously published on October 06, 2014The Quebec Government has provided public authorities with a means to evaluate a contractor’s performance on a given project and, where a negative evaluation is issued, the contractor may be barred from responding to any further call for tenders issued by the public authority for the...
|It Says It's A "Project" EIR. You Say It Should Be A "Program" EIR. Does The Label Even Matter?|
Glen C. Hansen; Abbott & Kindermann, LLP;
October 20, 2014, previously published on September 24, 2014In Citizens for a Sustainable Treasure Island v. City and County of San Francisco (2014) 227 Cal.App.4th 1036, the Court of Appeal for the First Appellate District held that the environmental impact report for the comprehensive plan to redevelop Treasure Island and Yerba Buena Island in the San...
|Finding Asbestos in Your Home|
Katie Nealon; Brayton Purcell LLP;
October 19, 2014, previously published on OCtober 13, 2014Asbestos exposure can happen in many places, even your own home. Since asbestos fibers have been worked into construction materials and consumer products of all kinds over the years, many US homeowners and renting families are experiencing exposure today as the materials break down over time.
|Construction Contracts - Don't Let Work Get Ahead|
Kenra Parris-Whittaker, Jacy A. J. Whittaker; Parris Whittaker;
October 17, 2014, previously published on September 27, 2014Construction cases often result in particularly valuable lessons for lawyers and commercial organisations alike who are involved in construction and property - particularly where work commences before the contract is finalised. The commercial lawyers at Bahamas law firm ParrisWhittaker are experts...
|Arbitration for One is Not Arbitration for All: Sixth Circuit Allows Lawsuit Against Indirect Parties Following Consolidated Arbitration|
Scott W. Cowan, Taylor L. Freeman, Kent W. Lindsay, Andrew D. Ness, Stephen V. O'Neal; Jones Day;
October 16, 2014, previously published on October 2014Recently, the U.S. Court of Appeals for the Sixth Circuit allowed a subcontractor's lawsuit against design professionals to proceed even though all parties had previously participated in a consolidated arbitration proceeding over the same issues. W.J. O'Neil Co. v. Shepley, Bulfinch, Richardson...
|Contemporaneous Documentation is Not Always a Good Thing|
Michael H. Payne; Cohen Seglias Pallas Greenhall & Furman PC;
October 15, 2014, previously published on October 2, 2014There is no question that documentation is an important part in the resolution of any construction dispute. Particularly contemporaneous documents - documents that are created at the time that events occur. Quality control reports, daily logs, and timely letters all fall into the...
|Lien Out: Arbitrary Protection for Pre-Construction Consultants|
Aidan Cameron; McCarthy Tétrault LLP;
October 15, 2014, previously published on October 6, 2014Those who claim a builders lien must comply strictly with the requirements of the Builders Lien Act, and owners (or at least their counsel) are frequently on the lookout for liens that can be extinguished for a failure to satisfy such requirements. The recent BC Supreme Court decision in Stanley...