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HTMLDaubert Standard Arrives in Kansas Courtrooms
John A. Watt; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
October 31, 2014, previously published on October 24, 2014
In a recent construction design case this law firm, along with co-defendants, successfully moved the Court to exclude certain of plaintiff’s expert witnesses. As reported in a prior post, the State of Kansas amended the relevant statutes regarding the submissibility of expert witness opinions...

 

HTMLLabor Department Issues Final Rule to Establish a Minimum Wage for Federal Contractors
Joseph L. Hardesty; Stites & Harbison, PLLC;
Legal Alert/Article
October 28, 2014, previously published on October 21, 2014
On October 1, 2014, the United States Department of Labor issued a Final Rule to establish a minimum wage of $10.10 per hour for certain federal contractors beginning January 1, 2015. The rule implements a February 12, 2014 Executive Order signed by President Obama “Establishing a Minimum...

 

HTMLHow Far Can Quebec’s Public Authorities Go When Evaluating a Contractor’s Performance?
Yvan Houle; Borden Ladner Gervais LLP;
Legal Alert/Article
October 21, 2014, previously published on October 06, 2014
The Quebec Government has provided public authorities with a means to evaluate a contractor’s performance on a given project and, where a negative evaluation is issued, the contractor may be barred from responding to any further call for tenders issued by the public authority for the...

 

HTMLIt Says It's A "Project" EIR. You Say It Should Be A "Program" EIR. Does The Label Even Matter?
Glen C. Hansen; Abbott & Kindermann, LLP;
Legal Alert/Article
October 20, 2014, previously published on September 24, 2014
In Citizens for a Sustainable Treasure Island v. City and County of San Francisco (2014) 227 Cal.App.4th 1036, the Court of Appeal for the First Appellate District held that the environmental impact report for the comprehensive plan to redevelop Treasure Island and Yerba Buena Island in the San...

 

HTMLFinding Asbestos in Your Home
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
October 19, 2014, previously published on OCtober 13, 2014
Asbestos exposure can happen in many places, even your own home. Since asbestos fibers have been worked into construction materials and consumer products of all kinds over the years, many US homeowners and renting families are experiencing exposure today as the materials break down over time.

 

HTMLConstruction Contracts - Don't Let Work Get Ahead
Kenra Parris-Whittaker, Jacy A. J. Whittaker; Parris Whittaker;
Legal Alert/Article
October 17, 2014, previously published on September 27, 2014
Construction cases often result in particularly valuable lessons for lawyers and commercial organisations alike who are involved in construction and property - particularly where work commences before the contract is finalised. The commercial lawyers at Bahamas law firm ParrisWhittaker are experts...

 

HTMLArbitration for One is Not Arbitration for All: Sixth Circuit Allows Lawsuit Against Indirect Parties Following Consolidated Arbitration
Scott W. Cowan, Taylor L. Freeman, Kent W. Lindsay, Andrew D. Ness, Stephen V. O'Neal; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
Recently, the U.S. Court of Appeals for the Sixth Circuit allowed a subcontractor's lawsuit against design professionals to proceed even though all parties had previously participated in a consolidated arbitration proceeding over the same issues. W.J. O'Neil Co. v. Shepley, Bulfinch, Richardson...

 

HTMLContemporaneous Documentation is Not Always a Good Thing
Michael H. Payne; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
October 15, 2014, previously published on October 2, 2014
There is no question that documentation is an important part in the resolution of any construction dispute. Particularly contemporaneous documents - documents that are created at the time that events occur. Quality control reports, daily logs, and timely letters all fall into the...

 

HTMLLien Out: Arbitrary Protection for Pre-Construction Consultants
Aidan Cameron; McCarthy Tétrault LLP;
Legal Alert/Article
October 15, 2014, previously published on October 6, 2014
Those who claim a builders lien must comply strictly with the requirements of the Builders Lien Act, and owners (or at least their counsel) are frequently on the lookout for liens that can be extinguished for a failure to satisfy such requirements. The recent BC Supreme Court decision in Stanley...

 

HTMLCourt Upholds Rights of Small Business Dredging Contractors
Michael H. Payne, Robert G. Ruggieri; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
October 14, 2014, previously published on September 24, 2014
In a bid protest argued by our firm before the United States Court of Federal Claims on September 23, 2014, the Court ruled in favor of our client, RLB Contracting, Inc., (RLB) in a matter involving the designation of the dredging exception to NAICS code 237990, which is for “Other Heavy and...

 


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