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|If you are omitting works or amending your contract, watch out!|
Paul Brecknell; Withers Bergman LLP;
March 4, 2015, previously published on February 25, 2015You want to undertake works and you appoint a contractor. You then change your mind, and decide to omit some of the works or amend the contract. You will need to consider whether this has an impact on other contractual provisions. In a recent case, the court has ruled that a commercially agreed...
|Construction (Design and Management) Regulations 2015|
Paul Brecknell; Withers Bergman LLP;
March 4, 2015, previously published on February 25, 2015The current health and safety regime for construction projects, the CDM Regulations 2007, are changing and, subject to Government approval, will be revoked and replaced with the new Construction (Design and Management) Regulations 2015 (CDM 2015) on 6 April 2015. CDM 2015 will apply to all...
|Appellate Court Reverses Jury Award To Golf Course Contractor|
Jason R. Urbanowicz; Rogers Towers, P.A.;
March 3, 2015, previously published on January 28, 2015The Second District Court of Appeal recently reversed a jury verdict that awarded a contractor nearly $300,000 after determining that the amount had already been paid by another entity. The dispute in Tern Bay Community Development District v. Ryangolf Corporation arose from the planned development...
|Breaking the Mould - BC Introduces New Building Act|
Joy Ren; McCarthy Tétrault LLP;
March 3, 2015, previously published on March 2, 2015The Province of British Columbia recently introduced the new Building Act (Bill 3 ¿ 2015) on February 12, 2015, which according to the Province’s newsroom, aims at modernizing the building regulatory system in British Columbia.
|Ohio’s Prompt Payment Act Revisited|
Lowell T. Woods; Taft Stettinius & Hollister LLP;
March 2, 2015, previously published on February 16, 2015Leverage is typically a critical element in any construction dispute, and parties should strategically use all available tools at their disposal to enhance their position when conflicts arise. Ohio’s Prompt Payment Act (the “Act”), Ohio Revised Code § 4113.61, represents one...
|What Difference Does It Make? Pay If Paid vs. Pay When Paid|
Steven W. Weeks; Taft Stettinius & Hollister LLP;
March 2, 2015, previously published on February 16, 2015When does a subcontractor get paid for its work? Not surprisingly, this is one of the enduring major issues in subcontract agreements. The traditional provision is exemplified by AIA Document A401: “The Contractor shall pay the Subcontractor each progress payment no later than seven working...
|Legal Developments in Construction Law|
Mayer Brown LLP;
February 27, 2015, previously published on December 2014The RICS form for requesting nomination of a construction adjudicator asks for names of adjudicators who would have a conf lict of interest. In the response to this question a subcontractor’s representative listed a number of adjudicators that he did not want appointed, but none had a conf...
|It's Not the Crime, It's the Cover-Up: Equitable Estoppel in Construction Defect Claims|
Bryan G. Scott; Spilman Thomas & Battle, PLLC;
February 27, 2015, previously published on December 16, 2014More than 20 years ago, the Watergate scandal taught us “it’s not the crime, it’s the cover-up” that does the damage. The ensuing decades have brought a steady stream of individuals and companies that had to learn the truth of this adage the hard way. Construction companies...
|What’s in that Contract Again? Reflections on the Recent Recession|
Travis A. Knobbe; Spilman Thomas & Battle, PLLC;
February 27, 2015, previously published on Deceber 17, 2014During and immediately after the most recent recession, construction litigation seemed to hit an apex. New pre-litigation matters to resolve monetary disputes from recession-era construction projects continue to keep many construction lawyers busy. As the economy continues to...
|Undisclosed Change in Building Height Requires Supplemental EIR|
Tiffany T.V. Duong, Jeffrey W. Forrest; Sheppard, Mullin, Richter & Hampton LLP;
February 26, 2015, previously published on January 30, 2015The Court of Appeal for the Second Appellate District of California has ruled that (i) a 20% increase in the actual height of a building over the stated height in the certified EIR required Ventura County to prepare a supplemental EIR rather than an addendum; and (ii) the County’s failure to...