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|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...
|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...
|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...
|Court Upholds Rights of Small Business Dredging Contractors|
Michael H. Payne, Robert G. Ruggieri; Cohen Seglias Pallas Greenhall & Furman PC;
October 14, 2014, previously published on September 24, 2014In a bid protest argued by our firm before the United States Court of Federal Claims on September 23, 2014, the Court ruled in favor of our client, RLB Contracting, Inc., (RLB) in a matter involving the designation of the dredging exception to NAICS code 237990, which is for “Other Heavy and...
|Arizona Supreme Court to Contractor: Sorry, but Equitable Subrogation Trumps Mechanics’ Lien Rights|
Richard G. Erickson; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014The smoke has finally cleared in a hard and long-fought battle between lenders and owners on one side and the general contractor (Weitz Company, L.L.C., from here on referred to as Weitz) on the other side claiming priority on a Phoenix condominium project. The project, well-known as Summit at...
|Drafting Contracts to Minimize or Avoid Claims|
Jason Ebe; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014Many claims that arise in design and construction may be mitigated or avoided as a result of prudent contract drafting at the outset of the project. This article provides practical tips for drafting contracts to minimize or avoid claims. These tips are applicable to design and construction...