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HTMLRecent Revisions to AAA Rules
Brett M. Saunders; Vandeventer Black LLP;
Legal Alert/Article
August 13, 2015, previously published on August 2015
Think about the last major construction project you or your company was involved in. Chances are, that project was being performed under a contract that contained an arbitration clause. These clauses require disputes to be resolved through binding arbitration, instead of traditional litigation, and...


HTMLPayment by Installments for Changing Permitted Use of Land in Moscow Possible
Elena Stepanova; Capital Legal Services;
Legal Alert/Article
August 13, 2015, previously published on March 20, 2015
Currently, changing the permitted use of privately owned land to another permitted use allowing construction and/or reconstruction of the capital facilities is performed in Moscow on a paid basis according to the general rule.


HTMLDo the Right Thing - Construction of Wills in California
Geoffrey Kertesz; Withers Bergman LLP;
Legal Alert/Article
August 7, 2015, previously published on August 4, 2015
A homemade handwritten will. No witnesses. An estate potentially going to charity over family members. The probate litigation trifecta? Or an opportunity for the California Supreme Court to do the right thing?


HTMLNew Laws Affecting Construction
James R. Harvey; Vandeventer Black LLP;
Legal Alert/Article
August 5, 2015, previously published on July 2015
Senate Bill 891 changes Virginia law and now prohibits any attempt to have a subcontractor or supplier waive or diminish its payment bond claim rights or right to assert contractual claims for demonstrated additional costs prior to providing any labor, services, or materials. This makes agreements...


HTMLConstruction Industry Scheme Rules Have Been Simplified For Contractors
Suriya Edwards; Withers Bergman LLP;
Legal Alert/Article
August 4, 2015, previously published on July 28, 2015
The Construction Industry Scheme (CIS) was set up to deal with the payment of tax, focussing on the labour side of construction operations, within the construction industry. A construction project typically has a client or a developer instructing works, a contractor who agrees to undertake the...


HTMLContractual Considerations for Melding BIM with Integrated Project Delivery
Eugene Polyak; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 30, 2015, previously published on July 17, 2015
Building Information Modeling (“BIM”) is increasingly used within the construction industry by design professionals, contractors, construction managers, and owners. BIM is particularly well suited to Integrated Project Delivery (“IPD”), a project delivery method where...


HTMLSignificant Changes to AAA's Construction Arbitration Rules Effective July 1, 2015
Mark D. Bogard; Jaburg Wilk;
Legal Alert/Article
July 23, 2015
The American Arbitration Association (AAA) recently issued several significant revisions to its Construction Industry Arbitration Rules, which became effective July 1, 2015. The revised rules apply to construction arbitration cases initiated on or after July 1, 2015. For contracts entered prior to...


HTMLDominion Cove Point LNG Files Construction Status Report
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 17, 2015, previously published on July 16, 2015
Dominion Cove Point LNG has filed a report with FERC on construction activities through June 2015 at its LNG export terminal near Lusby, Md. The status report states that engineering is 90% complete, procurement is 77% complete, and construction is 5.3% complete.


HTMLThe Risks Of Using Criminal Statutes To Collect Construction Debts
John R. Lockard; Vandeventer Black LLP;
Legal Alert/Article
July 15, 2015, previously published on July 15, 2015
The failure to make payment on a construction contract may not only result in a claim for money damages in a civil lawsuit, but it may also result in a violation of a criminal statute. For example, Code of Virginia Section 43-13 makes it a felony to use funds received for a particular construction...


HTMLConstruction Cases: Statute of Repose Commences When the Contract, Not the Construction, Is Completed
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
The appellant condominium complex filed suit against various defendants for construction defects. The appellee subcontractor moved to dismiss the appellant’s claims on the basis that they were filed outside the ten-year statute of repose. Pursuant to section 95.11(3)(c), Fla. Stat., an action...


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