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|Consideration of Force Majeure in Construction Contracts|
Jonathan Massell, David A. Senter; Nexsen Pruet, LLC;
August 5, 2016, previously published on April 25, 2016Before entering into a construction contract, consider how force majeure events are evolving in today’s world.
|Criminal Liability for False Representation in Obtaining Building Permit|
John R. Lockard; Vandeventer Black LLP;
August 5, 2016, previously published on July 2016According 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...
|New, Relaxed Regulations Make Drone Use on Construction Projects Easier|
Jonathan Mraunac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 29, 2016, previously published on July 18, 2016The 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.
|Stating a Claim for Negligent Misrepresentation for a Design Professional’s Supply of Information|
Gregory J. Kelley; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 21, 2016, previously published on June 1, 2016Until 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...
|Construction Contractor Faces Manslaughter Charge in Worker’s Death|
Nickole C. Winnett; Jackson Lewis P.C.;
July 19, 2016, previously published on June 28, 2016A 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.
|Construction Labor Costs May Rise With New Department of Labor Rule|
Turlington Law Firm;
July 7, 2016, previously published by Construction Executive
On May 18, 2016, President Obama announced the publication of the Department of Labor¿s (DOL) final rule regarding overtime regulations.
Risk Management eNewsletter on Spring, 2016
|Preparing 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;
June 9, 2016, previously published on May 19, 2016A 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...
|Rights of Deck and Balcony Collapse Victims in Virginia|
Matthew W. Broughton, Gregory D. Habeeb; Gentry Locke, LLP;
June 7, 2016, previously published on May 1, 2016For 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...
|Supreme Court of Virginia Clarifies Scope of Contractors' Potential Liability for Design Defects|
John R. Lockard; Vandeventer Black LLP;
June 5, 2016, previously published on May 2016The 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...
|Builders Liens - Know Your Legal Paths to Resolution|
Robert A. Hodgins, Michael Peraya; Singleton Urquhart LLP;
May 31, 2016, previously published on April 28, 2016In 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...