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HTMLAfter the Demise of Construction Defect Reform - What Do We Do Now?
Rebecca Wilcox Dow; Holland & Hart LLP;
Legal Alert/Article
June 5, 2015, previously published on May 14, 2015
Two weeks ago, the Colorado legislature voted to kill Senate Bill 177, the reform bill intended to correct laws in Colorado related to construction defect litigation. Due to the current, well-documented need for affordable “for sale” homes and condos in Colorado, developers and...


HTMLNot Your Average Bond - Design Services in Alternative Project Delivery Methods
Alyssa M. Bussey; Smith, Currie & Hancock LLP;
Legal Alert/Article
June 2, 2015, previously published on May 5, 2015
The rise in popularity of alternative project delivery methods that combine design services complicates the already opaque world of surety bonds. As a general matter, for any project type, a bond is a tripartite transaction in which the contractor pays a percent of the penal sum of the bond to the...


HTMLPrimer on Virginia’s Data Breach Law: Part III
J. Brandon Sieg; Vandeventer Black LLP;
Legal Alert/Article
June 2, 2015, previously published on June 2015
Previous articles in this series have introduced considerations for Virginia businesses that experience a “breach of the security of the system.” They have discussed Virginia-specific disclosure obligations, including who to notify and what information to provide. But many Virginia...


HTMLKey Questions about Virginia’s Statute of Repose
Edward E. (Ned) Nicholas; Vandeventer Black LLP;
Legal Alert/Article
May 28, 2015, previously published on March 2015
Builders and design professionals are sometimes sued for personal injuries and property damages arising out of their construction and design work. Because buildings tend to last for decades, builders and design professionals would face decades of potential exposure to such suits if it weren’t...


HTMLDuty of Care: A Professional Consultant¿s Duty to Warn
Jacy A. J. Whittaker; Parris Whittaker;
Legal Alert/Article
May 27, 2015, previously published by on May 26, 2015
Parties to commercial contracts owe various contractual duties to each other according to the terms of the contract. But what is the duty of care of a professional consultant to others, for instance, to warn of potential construction problems where there is a risk to others or property?


HTMLAre You Covered? Managing Risk with Commercial General Liability and Builder¿s Risk Insurance
Christopher Markus; Dressman Benzinger LaVelle psc;
Legal Alert/Article
May 21, 2015
Although markedly different in purpose and nature, commercial general liability (CGL) and builder¿s risk insurance products are both critical for construction professionals concerned with managing risk.


HTMLConstruction Contract Claims Against a Third-Party Lender? The Unforeseen Consequences of a Standard Practice
Travis A. Knobbe; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
May 20, 2015, previously published on May 18, 2015
For those of us who commonly represent lenders, there is nothing more unsettling than hearing the words “course and pattern of conduct” or “dominion and control” or some variation of the same. Any suit where someone seeks to impose liability on a bank for something above and...


HTMLVirginia Legislation Significantly Impacts Construction Industry
Douglas T. Stark; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
May 19, 2015, previously published on May 18, 2015
At its recently-concluded 2015 Regular Session, the Virginia General Assembly passed legislation which will significantly affect those persons who deal with potential mechanic’s lienors. The revision to section 43-3 of the Virginia Code declares that any attempt by a subcontractor or...


HTMLCritical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects
Mark D. Bogard; Jaburg Wilk;
Legal Alert/Article
May 19, 2015
On April 30, 2015, Arizona¿s most common construction industry practice for serving a Preliminary Twenty Day Notice (¿Prelim¿) on an Arizona public project-first class mail with certificate of mailing-was invalidated by the Arizona Court of Appeals in Cemex Construction Materials South, LLC v....


HTMLNorth Carolina Gearing Up for Major Road Improvement Projects
Stephanie U. Roberts; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
May 19, 2015, previously published on May 18, 2015
Few things shout “economic development” louder than substantial road improvement projects. For Division 9 of the North Carolina Department of Transportation (“NCDOT”), many more developments are underway. The Winston-Salem Northern Beltway (“Northern Beltway”) is...


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