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HTMLIndiana Appellate Court Affirms Summary Judgment to General Contractor Where No Duty Existed Over Subcontractor’s Worker
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 13, 2014, previously published on June 9, 2014
The Indiana Court of Appeals affirmed a trial court’s grant of summary judgment to a general construction manager of a project after concluding the construction manager owed no duty of care to a subcontractor’s pipefitter. The worker was injured when he fell through a sheet of composite...

 

HTMLPennsylvania House and Senate Pass Bills to Ease Construction Lending
Derek P. Dissinger; Barley Snyder;
Legal Alert/Article
June 13, 2014, previously published on June 2014
Over the past two years following the Pennsylvania Superior Court’s decision in Commerce Bank/Harrisburg, N.A. v. Kessler, title insurance agencies and banks have wrestled with how to handle the issue of mechanic’s liens and construction financing. Mortgages that finance construction...

 

Adobe PDFNo Construction Lien Act (Ontario) Deemed Trust in Bankruptcy
Sam Babe; Aird & Berlis LLP;
Legal Alert/Article
June 11, 2014, previously published on May 28, 2014
In his recent decision in Royal Bank of Canada v. Atlas Block Co. Limited, 2014 ONSC 3062 (“Atlas Block”), Justice Penny of the Ontario Superior Court of Justice (Commercial List) held that trust claims pursuant to section 8 of the Construction Lien Act (Ontario) (the “CLA”)...

 

HTML“Waters of the U.S.” - A New Definition
Karin M. Jacoby; Husch Blackwell LLP;
Legal Alert/Article
June 11, 2014, previously published on June 10, 2014
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have issued a proposed rule intended to clarify the scope of “waters of the U.S.” protected under the Clean Water Act (CWA) and for which Section 404 permitting by the Corps will apply.

 

Adobe PDFPublic Works Contractors Beware: Starting July 1, 2014, Your Bid Must Include the License Number of Each Listed Subcontractor
David B. Kuhlman; Procopio, Cory, Hargreaves & Savitch LLP;
Legal Alert/Article
June 11, 2014, previously published on May 2014
With some exceptions, contracts for public works construction projects in California must be competitively bid and awarded to the lowest responsive and responsible bidder. Generally speaking, a bid is “responsive” only if it promises to do what the public entity’s bid instructions...

 

HTMLInsurer Sues Chicago for Failure to Prevent Damages From Climate Change
Nancy W. McBrady; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
June 6, 2014, previously published on May 20, 2014
On April 16, 2014, Illinois Famer's Insurance Co. filed a class action lawsuit against the City of Chicago and surrounding municipalities claiming damages relating to the failure by the municipalities to adequately prevent flooding resulting from climate change. This suit could spell a shift not...

 

HTMLCongress Passes Water Resources Bill Encouraging Public-Private Partnerships for Water Supply and Treatment Construction Projects
Kent W. Collier, Lee C. Davis, Nkoyo-Ene Effiong; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 6, 2014, previously published on May 23, 2014
Water infrastructure projects across the nation may soon have access to innovative financing programs and increased public-private partnership (P3) opportunities. House Bill 3080 (2013) or the Water Resources Reform and Development Act (WRRDA), passed the U.S. Senate on May 22 by a vote of 91 to 7....

 

HTMLConstruction Ahead: How Our Construction Industry is Fueled by the Energy Environment
Stephanie U. Roberts; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
June 6, 2014, previously published on May 27, 2014
The goal of the report was to “understand the factors that are likely to influence the U.S. energy environment in the future, and create strategies for its management.” The forward-looking report focused on what the U.S. would look like in 2020 based on changes to the energy...

 

HTMLSay What??!! When is There an Enforceable Agreement in the Subcontractor Bidding Process?
Gerald E. (Gee) Lofstead, III; Spilman Thomas Battle PLLC;
Legal Alert/Article
June 6, 2014, previously published on May 28, 2014
A major development and infrastructure project is announced that will provide significant work to a construction manager, general contractor (“GC”), and many subcontractors (“Sub”) across the building trades. The architect and project developer have issued the request for...

 

HTMLIndemnification Agreements and Insured Contracts: Why Your Business or Insurer Might Owe a Defense and Indemnity
Glen A. Murphy; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
June 6, 2014, previously published on May 27, 2014
The purpose of this article is to address potential issues and concerns that may arise between General Contractors (“GC”), Subcontractors (the “Sub”) and their insurers when claims by outside parties (also known as third-parties) for bodily injury or property damage may...

 


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