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HTMLCharbonneau Commission Report
Borden Ladner Gervais LLP;
Legal Alert/Article
November 30, 2015, previously published on November 25, 2015
After 261 days of hearings, the Report of the Commission of Inquiry on the Awarding and Management of Public Contracts in the Construction Industry (the “Charbonneau Commission”) was tabled and released to the public on November 24, 2015.

 

HTMLAre Public-Private Partnerships Subject to Prevailing Wage Laws?
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
Legal Alert/Article
November 17, 2015, previously published on November 4, 2015
Public-Private Partnerships, often referred to as P3s or PPPs, are experiencing a growing popularity in construction. One reason for this is quite straightforward: as public entities, whether they be cities, states or public agencies, continue to experience tightening budgets, creative means of...

 

HTMLOSHA Fines to Increase by Nearly 52%, Marking First Increase in 25 Years
John D. Surma, Collin G. Warren; Adams and Reese LLP;
Legal Alert/Article
November 12, 2015, previously published on November 3, 2015
OSHA critics often complain that the maximum allowed penalties have not changed since 1990 when the penalties were set at $7,000 (other than serious and serious) and $70,000 (repeat or willful). The “Bipartisan Budget Act of 2015” will both cause a dramatic increase in those amounts and...

 

HTMLContractor Payments: Take the Money and Run, Even if the Bankruptcy Trustee Later Comes Calling
Bruce J. L. Lowe; Taft Stettinius & Hollister LLP;
Legal Alert/Article
November 6, 2015, previously published on October 28, 2015
Imagine this scenario: your client is a contractor, subcontractor or materialman on a construction project. Having completed the work, your client is promptly paid in full. Because of this, your client doesn’t bother to file a mechanic’s lien on the project. However, within 90 days...

 

HTMLOSHA’s New Regulation on Confined Spaces in Construction
Conor H. Meeks; Taft Stettinius & Hollister LLP;
Legal Alert/Article
November 6, 2015, previously published on October 28, 2015
On May 4, 2015, the Occupational Safety and Health Administration (OSHA) issued a new regulation on confined spaces in the construction industry. Previously, there was only one rule for construction employers - provide training to employees who enter confined spaces. The new regulation (29 C.F.R....

 

HTMLSubcontractors Be Aware - District of Columbia Mechanic’s Lien Recordation Requirements
Andrew N. Felice; Rees Broome, PC;
Legal Alert/Article
November 5, 2015, previously published on Fall 2015
It has long been a challenge to simply record a Notice of Mechanic’s Lien with the District of Columbia Recorder of Deeds office. Recently, that task got even tougher for subcontractors who operate outside of the District of Columbia (i.e., out-of-state subcontractors whose principal place of...

 

HTML2015 Legislative Update: Mechanic’s Lien Releases and Waivers in Virginia
Andrew N. Felice; Rees Broome, PC;
Legal Alert/Article
November 5, 2015, previously published on Fall 2015
In the most recent legislative session, the Virginia General Assembly passed, and the Governor signed, SB 891, a bill which amended VA Code §43-3(C) providing that a subcontractor, lower-tier subcontractor or material supplier may not waive or diminish his lien rights in a contract in advance...

 

HTMLSpearin Doctrine is Alive and Well: Court Determines That It Applies to Construction Managers at Risk
Peter D. Welin; McDonald Hopkins LLC;
Legal Alert/Article
November 4, 2015, previously published on October 30, 2015
In a much anticipated ruling, the Massachusetts Supreme Judicial Court clarified the application of the Spearin Doctrine to At Risk Construction Managers. On Sept. 2, 2015, the highest Court in Massachusetts held that public owners implied warranty plans and specifications furnished in conjunction...

 

HTMLP3s: Opportunities for Green
Sarah E. Carson; Smith, Currie & Hancock LLP;
Legal Alert/Article
October 23, 2015, previously published on October 14, 2015
The public infrastructure of the United States is crumbling. While state and local governments face budgetary restrictions, they are also requiring more costly repairs through increasing mandates for green building. The United States Environmental Protection Agency describes green building as the...

 

Adobe PDFNew Rules Make Construction Arbitration More Attractive
Gordon S. Woodward; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
October 14, 2015, previously published on September 2015
The American Arbitration Association (AAA) implemented new Construction Industry Arbitration Rules this past summer. The changes eliminate certain gaps or ambiguities in the old rules, create some additional tools with which arbitrators can manage claims, and on balance, should make arbitration a...

 


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