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|Nunatukavut Community Council Inc. v. Nalcor Energy, 2014 NLCA 46, NLCA (Green C.J.N.L., Rowe And White JJ.A.)|
Scott Kerwin; Borden Ladner Gervais LLP;
February 25, 2015, previously published on December 3, 2014The Newfoundland and Labrador Court of Appeal set aside a perpetual injunction granted by the chambers judge in 2012 arising from a one-day protest by members of the appellant NunatuKavut Community Council in 2011. The applications judge erred in law in granting the injunction. The Court of Appeal...
|Coldwater Indian Band v. Canada (Indian Affairs and Northern Development), 2014 FCA 277, FCA (Nadon, Webb and Boivin JJ.A.)|
Scott Kerwin; Borden Ladner Gervais LLP;
February 25, 2015, previously published on November 25, 2014The Federal Court of Appeal dismissed an appeal by the Coldwater Indian Band, and allowed a cross-appeal by Kinder Morgan, in relation to a dispute over the assignment of pipeline easements. The Court held that the judicial review application was premature, as the Minister had not yet made a...
|Proposed Legislation to change Chapter 558|
Sanjay Kurian; Becker Poliakoff P.A.;
February 20, 2015, previously published on February 4, 2015The Legislature will be considering legislation this year to change Chapter 558, Florida Statutes. Chapter 558 is required process for any party seeking to pursue claims for construction defects. The original goal of Chapter 558 was to provide an opportunity to settle defect claims without...
|Pay Attention to the Solicitation Requirements for the Bidding Entity|
William J. Cea; Becker Poliakoff P.A.;
February 19, 2015, previously published on December 23, 2014When submitting a bid to perform public work, pay attention to the solicitation requirements for the bidding entity. Must the bidding entity possess a particular license? Can any of the work be subcontracted? Do subcontractors have to be listed in the bid? These are all important questions that...
|Boston's Hot Real Estate Market May Give Rise To Construction Litigation|
Sally Fitch LLP;
February 18, 2015The greater Boston area is experiencing a hyperactive real estate market this year. According to Redfin, a local brokerage and market research firm, Massachusetts homebuyers are engaging in bidding wars at a rate that is completely at odds with the normally slow dog days of summer. While sales are...
|Florida Supreme Court Limits
Application of Statute of Limitations
E. Carson Lange; Rogers Towers, P.A.;
February 18, 2015, previously published on December 3, 2014A decision issued by the Florida Supreme Court earlier this year significantly limits the protection afforded by the statute of limitations to subcontractors and the like that are brought into construction litigation as third-party defendants.
|Proposed Legislation Could Have Significant Impact on Florida’s Construction Defect Statute|
Amanda Parker Baggett, Cheryl Lynn Worman; Rogers Towers, P.A.;
February 18, 2015, previously published on January 16, 2015On December 9, 2014, Florida Representative Kathleen Passidomo introduced House Bill 87, a bill aimed at amending Florida’s Construction Defect Statute. The bill contains several changes which could have a significant impact on construction defect claims in Florida.
|Insurance for Defective Work Claims?In Some Cases, the New Hampshire Supreme Court says “Yes”|
David P. Ray; Bernstein Shur;
February 18, 2015, previously published on January 23, 2015The standard Commercial General Liability policy available to contractors provides insurance for property damage and personal injury claims against the contractor. All CGL policies include an exclusion for claims seeking property damage that must be “restored, repaired or replaced because...
|Supreme Court Changes Standard Of Review For Patent Claim Construction Rulings|
Ryan M. Corbett; Burr & Forman LLP;
February 17, 2015, previously published on January 23, 2015In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court revised the standard of review used by the Federal Circuit for nearly twenty years in reviewing claim construction rulings, replacing a de novo standard with a “clearly erroneous” standard. Teva sued Sandoz for...
|New York Public Authorities Law Amended To Establish That The Time To File A Notice Of Claim Against The NYC School Construction Authority Is To Commence At "Denial" Of Claim, As Opposed To "Accrual" Of Claim|
Jose A. Aquino; Duane Morris LLP;
February 17, 2015, previously published on December 19, 2014On December 17, 2014, New York Governor Cuomo signed into law a bill to amend the New York Public Authorities Law, in relation to contractual claims and actions against the New York City School Construction Authority (“SCA”). The amendment adds an additional sentence to §1744(2) of...