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|Charbonneau Commission Report|
Borden Ladner Gervais LLP;
November 30, 2015, previously published on November 25, 2015After 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.
|Are Public-Private Partnerships Subject to Prevailing Wage Laws?|
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
November 17, 2015, previously published on November 4, 2015Public-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...
|OSHA Fines to Increase by Nearly 52%, Marking First Increase in 25 Years|
John D. Surma, Collin G. Warren; Adams and Reese LLP;
November 12, 2015, previously published on November 3, 2015OSHA 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...
|Contractor Payments: Take the Money and Run, Even if the Bankruptcy Trustee Later Comes Calling|
Bruce J. L. Lowe; Taft Stettinius & Hollister LLP;
November 6, 2015, previously published on October 28, 2015Imagine 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...
|OSHA’s New Regulation on Confined Spaces in Construction|
Conor H. Meeks; Taft Stettinius & Hollister LLP;
November 6, 2015, previously published on October 28, 2015On 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....
|Subcontractors Be Aware - District of Columbia Mechanic’s Lien Recordation Requirements|
Andrew N. Felice; Rees Broome, PC;
November 5, 2015, previously published on Fall 2015It 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...
|2015 Legislative Update: Mechanic’s Lien Releases and Waivers in Virginia|
Andrew N. Felice; Rees Broome, PC;
November 5, 2015, previously published on Fall 2015In 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...
|Spearin Doctrine is Alive and Well: Court Determines That It Applies to Construction Managers at Risk|
Peter D. Welin; McDonald Hopkins LLC;
November 4, 2015, previously published on October 30, 2015In 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...
|P3s: Opportunities for Green|
Sarah E. Carson; Smith, Currie & Hancock LLP;
October 23, 2015, previously published on October 14, 2015The 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...
|New Rules Make Construction Arbitration More Attractive|
Gordon S. Woodward; Schnader Harrison Segal & Lewis LLP;
October 14, 2015, previously published on September 2015The 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...