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|Proposed Amendments to Alberta’s Condominium Property Act|
Brittany Weikum; McCarthy Tetrault LLP;
August 18, 2014, previously published on August 5, 2014On May 6, 2014 amendments to Alberta’s Condominium Property Act were introduced into the Alberta Legislature. The Act establishes the framework for the development, sale, and governance of both residential and commercial condominiums located in Alberta and outlines the duties and...
|Minimize the Inherent Risk in "Scope Bidding" by Amending Your Form Subcontract|
Eugene J. Heady; Smith, Currie & Hancock LLP;
August 12, 2014, previously published on August 8, 2014Subcontractors must exercise particular care if the project specifications are performance specifications or otherwise described by so-called “scope” criteria. A scope specification is one that describes the general scope of the project in terms of design, dimension, and major...
|SBA Increases Small Business Size Standards for Businesses in Numerous Industries, Including Construction|
Edward T. DeLisle, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
August 11, 2014, previously published on July 31, 2014If you participate in federal government procurement programs, either as a prime contractor or as a subcontractor, listen up! Your small business size status may have changed on July 14, 2014 as a result of an interim rule issued by the Small Business Administration (SBA). The rule increased...
|American Arbitration Association Releases New Rules for Fixed Time and Cost Construction Arbitrations|
Gina M. Vitiello; Chamberlain, Hrdlicka, White, Williams & Aughtry;
August 6, 2014, previously published on August 4, 2014Clients are always looking for ways to manage costs of legal disputes. With tighter cashflows since the recession, many businesses are understandably asking for budgets and working with their attorneys to find strategies that reduce legal fees and litigation costs.
|Ohio Supreme Court Ruling Simplifies Contract Drafting, Negotiation, and Enforcement|
McDonald Hopkins LLC;
August 2, 2014, previously published on July 28, 2014The Ohio Supreme Court issued its decision in Transtar Electric, Inc. v. A.E.M. Electric Servs. Corp., Slip Opinion 2014-Ohio-3095 on July 17, 2014. Although it does not change the underlying principles with respect to pay-when-paid vs. pay-if-paid provisions, the Court’s decision announces a...
|Homeowners Attempt to "Return to AAS"; Builder Seeks Writ Relief|
Andrew M. Morgan, Calvin R. Stead; Borton Petrini, LLP;
August 1, 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...
|Getting the Deal Through - Shipbuilding|
Muhammad Muslim, Marintan Panjaitan, Sahat A. M. Siahaan; Ali Budiardjo, Nugroho, Reksodiputro (ABNR);
August 1, 2014, previously published by Law Business Research as part of its GTDT series. on May 2014This articles examines the law surrounding construction and contracts in the shipbuilding industry in Indonesia.
|Getting Paid On Time: The Prompt Pay Act|
Robert S. Campbell; Pessin Katz Law, P.A.;
August 1, 2014, previously published on July 24, 2014Contractors in Maryland have available statutory remedies for non-payment. The Maryland Code contains a Prompt Pay Act (the “Act”). Md. Code Ann., Real Prop. § 9-301 et seq. (Repl. Vol. 2010). The Act entitles a contractor or subcontractor that performs work or furnishes materials...
|“Your Work” Exclusion Bars Coverage for Tearing Down & Rebuilding Wall|
Collins Lacy P.C.;
August 1, 2014, previously published on July 2014The S.C. Court of Appeals recently applied the “your work” exclusion in a declaratory judgment action arising out of a construction defect suit to find the policy did not provide coverage. In Precision Walls v. Liberty Mutual Fire Insurance Co., Op. No. 5250 (S.C. Ct. App. filed July...
|Update on Discoverability of Attorney-Expert Communications|
Matthew L. Erlanger, Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
July 31, 2014, previously published on July 25, 2014On April 29, 2014 an evenly divided Pennsylvania Supreme Court in Barrick v. Holy Spirit Hospital upheld a lower court ruling holding that communications between a party’s attorney and a party’s expert witness are exempt from disclosure during discovery. This case was previously...