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|Massachusetts Governor Signs Bill Capping Retainage on Private Projects at 5%|
Jonathan T. Elder; Hinckley, Allen & Snyder LLP;
November 28, 2014, previously published on October 30, 2014On Aug. 8, 2014, Massachusetts Governor Deval Patrick signed into law “An Act Relative to Fair Retainage Payments in Private Construction” (the “Act”). The Act’s primary feature is the establishment of a 5% limit on retainage on private construction projects for which...
|Start Talking, Tom Hagen: Disclosure of Attorney-Client Communications under the Crime Fraud Exception|
Christina A. Fish; Hinckley, Allen & Snyder LLP;
November 28, 2014, previously published on October 30, 2014In the film The Godfather, not even Peter Clemenza could make mafia lawyer Tom Hagen sing about his “special practice” or his “one client.” However, a recent ruling by Judge Saylor of the United States District Court for the District of Massachusetts (part of the First...
|OSHA New Reporting Requirements - Commence January 1, 2015|
Richard D. Wayne; Hinckley, Allen & Snyder LLP;
November 28, 2014, previously published on October 30, 2014On September 11, 2014, OSHA issued new regulations that will change the reporting requirements for workplace injuries and fatalities. These changes will significantly affect contractors. The new reporting requirements become effective on January 1, 2015. (By contrast, OSHA’s existing record...
|PTAB Follows District Court’s Claim Construction|
Craig W. Kronenthal; Banner & Witcoff, Ltd.;
November 28, 2014, previously published on November 10, 2014In construing a term in a claim of an expired patent, the PTAB followed the district court in adopting the petitioner’s proposed construction.
|Lakewood City Council Passes Ordinance Addressing Construction Defect Litigation|
Benton J. Barton, Clinton L. Coberly, Todd H. Fleckenstein, Gary L. Kuhn, Brian P. Molzahn; Hall & Evans, L.L.C.;
November 28, 2014, previously published on October 13, 2014On October 13, 2014, the Lakewood City Council passed an ordinance altering the way a construction defect action can proceed within the City’s limits. The overall purpose of the statute is to “encourage the construction of owner-occupied multi-family developments” in the City of...
|DCO Regime Faces a Real Test|
Katie Scuoler; Dentons Canada LLP;
November 18, 2014, previously published on October 29, 2014Better known as the super-sewer, the Thames Tideway Tunnel (“TTT”) Development Consent Order, granted on 12 September 2014, was a super-sized DCO application. The scheme covers 25km from Acton to Abbey Mills and with 43 hearing sessions and 1246 representations is by far the largest...
|When the “Discovery Rule” is Irrelevant|
Adam L. Gill, Jeffrey L. Hamera; Duane Morris LLP;
November 18, 2014, previously published on September 29, 2014Can the statute of limitations for a claim expire even before a project owner knows that it has a claim? This is a very real possibility if one is not careful in drafting contracts. Courts generally recognize that sophisticated business entities should be permitted to forfeit rights in contracts,...
|Failure to Comply With Prompt Pay Act Trumps Claimed Failure to Perform|
Stanley A. Martin; Duane Morris LLP;
November 17, 2014, previously published on November 3, 2014When a New Jersey public authority failed to comply with the NJ Prompt Pay Act, it was obligated to pay the contractor even though it argued the contractor’s work was defective. That was the decision of the NJ Appellate Division in the case of Aire Enterprises v. Warren County. After...
|Conditional Building Permits: A Very Useful Tool|
Michael Foderick; McCarthy Tétrault LLP;
November 11, 2014, previously published on October 20, 2014There are many situations in which a developer may need to begin construction before a certain date, but cannot get their building permit in time. In Ontario that is usually because they cannot yet meet some very minor “applicable law” requirement that, according the Building Code Act,...
|Wyoming Supreme Court Concludes Contractor to Pay For Damages In Excess of Original Project Cost|
Michael R. Bosse; Bernstein Shur;
November 5, 2014, previously published on October 27, 2014An opinion released in a mid-August from the Wyoming Supreme Court concluded that repair damages were appropriate in a residential construction project when the contractor failed to provide an alternative, lower damage value based upon diminution in value of the home during the trial. This case...