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|Recent Revisions to AAA Rules|
Brett M. Saunders; Vandeventer Black LLP;
August 13, 2015, previously published on August 2015Think 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...
|Payment by Installments for Changing Permitted Use of Land in Moscow Possible|
Elena Stepanova; Capital Legal Services;
August 13, 2015, previously published on March 20, 2015Currently, 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.
|Do the Right Thing - Construction of Wills in California|
Geoffrey Kertesz; Withers Bergman LLP;
August 7, 2015, previously published on August 4, 2015A 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?
|New Laws Affecting Construction|
James R. Harvey; Vandeventer Black LLP;
August 5, 2015, previously published on July 2015Senate 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...
|Construction Industry Scheme Rules Have Been Simplified For Contractors|
Suriya Edwards; Withers Bergman LLP;
August 4, 2015, previously published on July 28, 2015The 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...
|Contractual Considerations for Melding BIM with Integrated Project Delivery|
Eugene Polyak; Smith, Currie & Hancock LLP;
July 30, 2015, previously published on July 17, 2015Building 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...
|Significant Changes to AAA's Construction Arbitration Rules Effective July 1, 2015|
Mark D. Bogard; Jaburg Wilk;
July 23, 2015The 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...
|Dominion Cove Point LNG Files Construction Status Report|
Sutherland Asbill Brennan LLP;
July 17, 2015, previously published on July 16, 2015Dominion 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.
|The Risks Of Using Criminal Statutes To Collect Construction Debts|
John R. Lockard; Vandeventer Black LLP;
July 15, 2015, previously published on July 15, 2015The 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...
|Construction Cases: Statute of Repose Commences When the Contract, Not the Construction, Is Completed|
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 14, 2015, previously published on July 6, 2015The 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...