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HTMLProposals for Settlement and the New Breed of Strict Construction
Kathryn L. Ender; Cole, Scott & Kissane, P.A.;
Legal Alert/Article
February 17, 2016, previously published on February 2, 2016
Proposals for settlement have become common-place in litigation as a strategic means to engage settlement, and as a feeshifting mechanism in the event settlement reaches impasse. Florida Rule of Civil Procedure 1.442 governs the content of proposals for settlement. Although a rule of procedure, the...

 

HTMLFERC Releases Environmental Assessment for Cameron LNG Trains 5 and 6
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 15, 2016, previously published on February 12, 2016
FERC has released its Environmental Assessment Report (EA) for Cameron LNG’s proposal to construct two additional liquefaction trains, Trains 5 and 6, at its LNG export terminal under construction near Hackberry, La. The EA concludes that, with recommended mitigation measures, construction of...

 

HTMLFederal District Court Analyzes the Accrual Date for the Timely Filing of Claims under the Miller Act
David S. Coats, John T. Crook, David S. Wisz; Bailey & Dixon, L.L.P.;
Legal Alert/Article
February 12, 2016, previously published on Fall/Winter 2015
The Miller Act requires a contractor on a federal construction contract of more than $100,000 to furnish a payment bond through a satisfactory surety for the protection of all persons supplying labor or materials on the project. It further authorizes any person having a direct contractual...

 

HTMLNorth Carolina Business Court Construes Meaning of the Term “Building or Construction Contractor” for Purposes of the North Carolina Revenue Act
David S. Coats, John T. Crook, David S. Wisz; Bailey & Dixon, L.L.P.;
Legal Alert/Article
February 12, 2016, previously published on Fall/Winter 2015
Pursuant to the North Carolina Revenue Act, a corporation which generates its income from multiple states is required to apportion using a three-factor apportionment formula. Certain “excluded corporations,” however, are entitled to use a single factor apportionment method. For purposes...

 

HTMLCourt of Appeals Finds that Party to a Construction Contact Expressly Waived Its Right to Compel Arbitration of Breach of Contract Claim
David S. Coats, John T. Crook, David S. Wisz; Bailey & Dixon, L.L.P.;
Legal Alert/Article
February 12, 2016, previously published on Fall/Winter 2015
Many construction contracts contain a provision requiring the parties the conduct arbitration of any claims arising out of the contract in lieu of litigation. A question sometime arises whether a party who invokes the arbitration clause after litigation has already commenced has waived their right...

 

HTMLFederal District Court Holds that Delay Damages are Not Allowed in Breach of Contract Action of Both Parties Contributed to the Delay and There is No Clear Proof of Apportionment.
David S. Coats, John T. Crook, David S. Wisz; Bailey & Dixon, L.L.P.;
Legal Alert/Article
February 11, 2016, previously published on Fall/Winter 2015
Claims for “delay damages” frequently arise when a contractor believes that its performance of contractual obligations is delayed for reasons outside the contractor’s control. A common defense to such claims is that the contractor also has some responsibility for the project...

 

Adobe PDFNew Jersey Appellate Division Ruling Resolves Disagreement Over Application of 'Discovery Rule' to Construction Defect Claims by Condominium Associations
Elyse H. Wolff; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
February 11, 2016, previously published on February 2016
In The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, et al., the Appellate Division of the Superior Court of New Jersey determined that the “discovery rule” tolls the six year statute of limitations within which a condominium association must file suit...

 

HTMLFederal District Court Holds that Mere Repairs or Attempts to Repair Do Not Serve to Equitably Toll the Statute of Limitations
David S. Coats, John T. Crook, David S. Wisz; Bailey & Dixon, L.L.P.;
Legal Alert/Article
February 11, 2016, previously published on Fall/Winter 2015
A common issue in construction defect litigation is whether a party’s attempt to repair damages precludes it from later arguing that an owner’s claim against it is barred by the statute of limitations. In Petty v. Marvin Lumber and Cedar Company, 2015 U.S. Dist. LEXIS 121369 (E.D.N.C.,...

 

HTMLContractor / Sub-Contractor entitlement to payment for “Extras”
Owen Bourns; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
Legal Alert/Article
February 1, 2016, previously published on January 25, 2016
In a "fixed price" or "stipulated price" contract the contractor has agreed, by way of successful bid or non-bid agreement, to perform the work set out in the contract documents (which would include tender documents) for a fixed price. [Note the term contractor will be used...

 

HTMLAppeals Court Rejects Subcontractors' Attempt to Foreclose on Expired Mechanic's Liens
Ganfer Shore LLP;
Legal Alert/Article
January 29, 2016, previously published on January 13, 2016
A contractor that is not paid for construction or maintenance work on real property may file a mechanic’s lien against the property. The mechanic’s lien statute is a valuable tool for contractors because a valid mechanic’s lien becomes a lien against the property as well as a...

 


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