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|Homeowners Attempt to "Return to AAS"; Builder Seeks Writ Relief|
Andrew M. Morgan, Calvin R. Stead; Borton Petrini, LLP;
August 1, 2014, previously published on Summer 2014Civil Code section 895 et seq. ("the Act" or "SB800") sets forth construction standards for residential homes sold after January 1, 2003. It makes violation of the standards actionable regardless of whether the violation(s) caused actual property damage, effectively abrogating...
|Getting Paid On Time: The Prompt Pay Act|
Robert S. Campbell; Pessin Katz Law, P.A.;
August 1, 2014, previously published on July 24, 2014Contractors in Maryland have available statutory remedies for non-payment. The Maryland Code contains a Prompt Pay Act (the “Act”). Md. Code Ann., Real Prop. § 9-301 et seq. (Repl. Vol. 2010). The Act entitles a contractor or subcontractor that performs work or furnishes materials...
|Getting the Deal Through - Shipbuilding|
Muhammad Muslim, Marintan Panjaitan, Sahat A. M. Siahaan; Ali Budiardjo, Nugroho, Reksodiputro (ABNR);
August 1, 2014, previously published by Law Business Research as part of its GTDT series. on May 2014This articles examines the law surrounding construction and contracts in the shipbuilding industry in Indonesia.
|Update on Discoverability of Attorney-Expert Communications|
Matthew L. Erlanger, Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
July 31, 2014, previously published on July 25, 2014On April 29, 2014 an evenly divided Pennsylvania Supreme Court in Barrick v. Holy Spirit Hospital upheld a lower court ruling holding that communications between a party’s attorney and a party’s expert witness are exempt from disclosure during discovery. This case was previously...
|Surprising Shakeup in Construction Lending: New Law Kisses Kessler Goodbye|
Katherine E. Missimer; Obermayer Rebmann Maxwell & Hippel LLP;
July 30, 2014, previously published on July 14, 2014On July 9, 2014, Governor Tom Corbett signed into law Act 117 of 2014 which amends the Mechanics’ Lien Law to grant lien priority to open-end mortgages over mechanics’ liens, provided that sixty percent (60%) of the proceeds of such mortgages are used for construction costs.
|Qatar Construction Update - Enforcement of Arbitration Awards in Qatar|
Dentons Canada LLP;
July 29, 2014, previously published on July 8, 2014Qatar has seen a positive step forward in the enforcement of arbitration awards recently with a decision by the Court of Cassation examining the application of the New York Convention, of which Qatar is a member, in respect of enforcement of arbitration awards in Qatar.
|President Obama Signs Executive Order Prohibiting Sexual Orientation and Gender Identity Discrimination by Federal Contractors|
Randall D. Avram, James H. Coil, Susan W. Pangborn, Chuck Rice; Kilpatrick Townsend Stockton LLP;
July 28, 2014, previously published on July 21, 2014On July 21, 2014, President Obama signed Executive Order 11478 prohibiting federal contractors and subcontractors and construction employers working on federally assisted construction projects from discriminating in employment on the basis of sexual orientation and gender identity. This marks the...
|Principal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price|
Meredith A. Jones-McKeown; Sheppard, Mullin, Richter & Hampton LLP;
July 24, 2014, previously published on July 16, 2014On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP. The court held that the “principal architect” “owes a duty of care to future homeowners in the design of a residential building ....
|Act 117 Signed into Law Amending the Mechanic’s Lien Law and Easing Construction Lending|
Derek P. Dissinger; Barley Snyder;
July 24, 2014, previously published on July 18, 2014A few months ago we published an article titled, “Pennsylvania House and Senate Pass Bills to Ease Construction Lending.” The article described Senate Bill 145 of 2014 which contemplated amendments to the Mechanic’s Lien Law of 1963 authored to ease construction lending....
|Pennsylvania Mechanics' Lien Law Amended, Clarifying Open-End Construction Loan Mortgage Priority|
Duane Morris LLP;
July 23, 2014, previously published on July 16, 2014On July 9, 2014, Pennsylvania Governor Tom Corbett signed into law Act 117 of 2014, which amends the Pennsylvania Mechanics' Lien Law (MLL), 49 P.S. 1101, et seq., to provide that a construction loan secured by an open-end mortgage where at least 60 percent of the proceeds are "intended to pay...