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|Res Judicata, Claim Splitting, and Arbitration|
Stanley A. Martin; Duane Morris LLP;
January 23, 2015, previously published on December 4, 2014An arbitration claimant who sought to preserve the right to pursue related claims against the same opponent has found its efforts barred by the Rhode Island Supreme Court, in a case with several procedural twists and turns. The case has all the hallmarks of an inequitable outcome for the benefit of...
|When Georgia Department of Transportation Comes to a Fork in the Road, They’ll Take It|
William W. Fagan, Antony L. Sanacory; Duane Morris LLP;
January 22, 2015, previously published on November 24, 2014When Yogi Berra advised “When you come to a fork in the road take it,” he may not have expected his words to apply so literally to navigating Atlanta’s traffic. Georgia Department of Transportation’s (GDOT) has not quite reached the fork in deciding how it will finance an...
|Competence in Construction Report|
Withers Bergman LLP;
January 20, 2015, previously published on December 10, 2014Following the launch of a Government strategy in July 2013 to drive up standards of competence and quality in the UK construction industry, the Construction Industry Training Board has published its report Competence in Construction.
|Those Hiring Private Investigators Must Be Aware of Privilege and Privacy Legislation|
Justin R. Lambert, Steven L. Major; Bennett Jones LLP;
January 19, 2015, previously published on April 25, 2014When a fraud is suspected, the litigator often turns to a private investigator to gather evidence about, and to use against, the fraudster. Retaining and instructing an investigator must be undertaken with extreme caution to avoid ultimately prejudicing the case against the wrongdoer. Those...
|Litigation Pitfalls: Failure to Preserve Evidence in Your “Control.”|
Lisa Richardson; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on May 2014Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party anticipates litigation. A charge of spoliation is serious because it can lead to sanctions.
|Sureties and Contractors: Deviate from the Contract’s Claims Notice Provisions at Your Own Peril|
Adam J. Beedenbender; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on May 2014The Georgia Court of Appeals’ March 28, 2014 decision in Western Sur. Co. v. Department of Transp. is likely to strike fear into the hearts of Georgia Contractors and Sureties. In that decision, the Court held that such Contractors and Sureties, absent extraordinary circumstances, must comply...
|Forum Selection Clauses in Construction Contracts - Enforceable or Not?|
Eric R. Mull; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on September 2014Late last year in Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S.Ct. 568 (2013), the United States Supreme Court took a critical stand for subcontractors, limiting the use of forum selection clauses in construction contracts. In so...
|Who is and Who is Not Covered by a Public Project Miller Act Payment Bond?|
Eugene J. Heady; Smith, Currie & Hancock LLP;
January 8, 2015, previously published on November 12, 2014The Miller Act, codified at 40 U.S.C. §§ 3131-3134, represents a Congressional effort to protect those supplying labor and material for the construction of federal public buildings or public works in lieu of the protections they might otherwise receive under state statutes if engaged in...
|Bidding and Performing Public Works Contracts in Other States|
Todd M. Heffner; Smith, Currie & Hancock LLP;
January 8, 2015, previously published on December 10, 2014Working in a new state can present many new opportunities, but it also comes with many challenges. You cannot assume that the new state’s laws will be identical to your own. Some issues that might come up include: registration and licensing requirements, anti-indemnity statutes, bonding and...
|Condominium Associations’ Rights are Expanded Against Developers|
James S. Singer; Rudolph Friedmann LLP;
December 26, 2014, previously published on November 20, 2014In a case of first impression, the Massachusetts Supreme Judicial Court expanded the rights of condominium associations to recover for damage for the negligent construction of common areas of a condominium development. The case is Wyman et al. v. Ayer Properties, LLC.