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|Amendments to Ohio P3 Legislation Add Bonding Requirements with a Twist|
Lisa M. Wampler; Cohen Seglias Pallas Greenhall & Furman PC;
July 21, 2014, previously published on July 11, 2014It is no secret within the construction industry that public-private partnership (P3) project delivery has recently become all the rage. The demand for infrastructure repairs and improvements is high, and the public dollars needed to fund them are scarce. P3 projects incorporating public and...
|ISO 2013 Additional Insured Endorsements Revisions - What the Construction Industry Needs to Do|
Nicholas H. Ceavers; Smith, Currie & Hancock LLP;
July 18, 2014, previously published on July 7, 2014New risks associated with recent revisions to the standard ISO Additional Insured endorsements language have not been addressed by many in the construction industry. Although these revisions occurred in April of 2013, many participants in the construction industry have failed to take adequate...
|An Overview of the Difference Between Indemnity Obligations and Obligations to Provide Additional Insured Coverage|
Smith Currie Hancock LLP;
July 18, 2014, previously published on July 7, 2014One of the most important risk-shifting devices in a construction contract is the indemnification provision because it protects one party from financial loss and damages arising from future problems occurring during the project. Indemnification is a promise that one party will make good on any...
|Public Policy Limitations on Indemnity for Sole or Partial Negligence|
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
July 18, 2014, previously published on July 7, 2014Contractors often develop standard contracts for use on a variety of projects, tailored most often to the demands and particular needs of the owner and the project involved. Often these standard contracts include indemnification provisions that require the subcontractor to indemnify the general...
|Anti-Indemnification Statutes and Their Impact upon Insuring Indemnification Obligations Versus Those of an Additional Insured|
Jay R. Houghton; Smith, Currie & Hancock LLP;
July 18, 2014, previously published on July 7, 2014Construction projects are inherently risky endeavors. A myriad of things that can go wrong range from damaging a tree on neighboring property, to the structural failure of a completed building, and the loss of limb or life. One of the most important reasons one enters into a contract while...
|Cameron Parish Supports SCT&E LNG Project|
Sutherland Asbill Brennan LLP;
July 18, 2014, previously published on July 16, 2014SCT&E LNG went before the Cameron Parish Police Jury to formally announce the twelve million metric tons per annum (mtpa) Liquefaction Project on Monkey Island. At the meeting, the Cameron Parish Police Jury announced its decision to fund a $150,000 feasibility study to determine the construction...
|Homeowners Attempt to "Return to AAS"; Builder Seeks Writ Relief|
Andrew M. Morgan; Borton Petrini, LLP;
July 16, 2014, previously published on Summer 2014Civil Code section 895 et seq. ("the Act" or "SB800") sets forth construction standards for residential homes sold after January 1, 2003. It makes violation of the standards actionable regardless of whether the violation(s) caused actual property damage, effectively abrogating...
|Enforcing and Possibly Escaping Construction Arbitration Clauses|
Crighton T. Allen; Hall Booth Smith P.C.;
July 15, 2014, previously published on July 10, 2014The use of private arbitration to resolve disputes in the construction industry has, for many years, been a popular alternative to traditional litigation. Perhaps the most attractive feature of arbitration is the degree of control over the dispute resolution process that it affords parties. ...
|Hong Kong Owner Successfully Appeals Against Conviction under the Air Pollution Control Ordinance|
Geoffrey Y. M. Chan, Mei Ling Lew; Mayer Brown JSM;
July 14, 2014, previously published on July 10, 2014In the recent case of HKSAR v. Wing Lok Construction & Engineering Co., Ltd.  2 HKLRD 669, the Court of First Instance allowed an appeal against the conviction of an owner of premises under s.77(2) of the Air Pollution Control Ordinance, Cap. 311 (APCO) for, when carrying out or causing...
|South Carolina Supreme Court Rules in FOIA Case|
Bob Coble; Nexsen Pruet, LLC;
July 11, 2014, previously published on July 1, 2014The South Carolina Supreme Court recently issued an opinion in Lambries v Saluda County Council.