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HTMLConsideration of Force Majeure in Construction Contracts
Jonathan Massell, David A. Senter; Nexsen Pruet, LLC;
Legal Alert/Article
August 5, 2016, previously published on April 25, 2016
Before entering into a construction contract, consider how force majeure events are evolving in today’s world.

 

HTMLCriminal Liability for False Representation in Obtaining Building Permit
John R. Lockard; Vandeventer Black LLP;
Legal Alert/Article
August 5, 2016, previously published on July 2016
According to a recent court decision from the Court of Appeals of Virginia, Anthony Cummings signed a contract with a homeowner in Chesapeake, Virginia to build an in-ground swimming pool. The homeowners gave Mr. Cummings a $12,000 down payment on the contract. The contract identified the...

 

HTMLNew, Relaxed Regulations Make Drone Use on Construction Projects Easier
Jonathan Mraunac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 29, 2016, previously published on July 18, 2016
The Federal Aviation Administration (FAA) recently introduced relaxed regulations concerning the use of drones for commercial purposes. The new regulations could have a significant impact on drone usage in the construction industry.

 

HTMLStating a Claim for Negligent Misrepresentation for a Design Professional’s Supply of Information
Gregory J. Kelley; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 21, 2016, previously published on June 1, 2016
Until 2005, in Pennsylvania the Economic Loss Doctrine precluded contractors from suing design professionals in negligence for additional costs incurred on a construction project due to errors or omissions in the design plans. The contractor’s recourse was to sue the party who had contracted...

 

HTMLConstruction Contractor Faces Manslaughter Charge in Worker’s Death
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
July 19, 2016, previously published on June 28, 2016
A New York man and two construction companies he owns have been indicted on manslaughter and other charges in the death of an employee who plunged six stories to his death after allegedly being directed to perform work without fall protection.

 

HTMLConstruction Labor Costs May Rise With New Department of Labor Rule
Turlington Law Firm;
Legal Alert/Article
July 7, 2016, previously published by Construction Executive
Risk Management eNewsletter
on Spring, 2016
On May 18, 2016, President Obama announced the publication of the Department of Labor¿s (DOL) final rule regarding overtime regulations.

 

Adobe PDFPreparing for the Big One: Los Angeles’s New Seismic Retrofit Ordinance and Recommendations for Mitigating Risk
Eric M. Khodadian, Theodore D. Levin; Morris Polich & Purdy LLP;
Legal Alert/Article
June 9, 2016, previously published on May 19, 2016
A major earthquake in California is inevitable. Most Californians recall the 1994 Northridge earthquake that rocked Los Angeles with a 6.7 on the Richter scale. In that earthquake, some of the structures that suffered the greatest damage were wood-framed “soft story” buildings and...

 

HTMLRights of Deck and Balcony Collapse Victims in Virginia
Matthew W. Broughton, Gregory D. Habeeb; Gentry Locke, LLP;
Legal Alert/Article
June 7, 2016, previously published on May 1, 2016
For many apartment dwellers, a deck or balcony is their version of a backyard - a place they can privately savor a sunny day or cool evening. Occupants and visitors alike should be able to enjoy a deck or balcony with confidence in its stability. Over the last twenty years, however, there has been...

 

HTMLSupreme Court of Virginia Clarifies Scope of Contractors' Potential Liability for Design Defects
John R. Lockard; Vandeventer Black LLP;
Legal Alert/Article
June 5, 2016, previously published on May 2016
The Supreme Court of Virginia recently addressed construction contractors’ potential liability for damages caused by design defects. In William H. Gordon Associates, Inc. v. Heritage Fellowship Church, a church hired an engineering firm to design a rain tank system to provide storm water...

 

HTMLBuilders Liens - Know Your Legal Paths to Resolution
Robert A. Hodgins, Michael Peraya; Singleton Urquhart LLP;
Legal Alert/Article
May 31, 2016, previously published on April 28, 2016
In its first construction lien decision in some time, the Supreme Court of Canada confirmed what many British Columbians have known since the 2003 Court of Appeal decision in Shimco Metal Erectors Ltd. v. Design Steel Constructors Ltd., namely, that lien claimants are not confined to pursuing only...

 


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