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|Corpus Christi Liquefaction Files Construction Progress Report|
Eversheds Sutherland (US) LLP;
April 22, 2016, previously published on April 21, 2016Corpus Christi Liquefaction has filed a report with FERC covering construction through March 2016 at its liquefaction and LNG export terminal at Corpus Christi, Texas. The report states that engineering has progressed to 97.1%, procurement has progressed to 46.0%, and Bechtel’s direct hire...
|The Pennsylvania Supreme and Superior Courts Clarify the “Retained Control” Exception to General Rule of Landowner’s Nonliability for Independent Contractors|
Michael A. Karaffa; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 23, 2016, previously published on March 1, 2016Pennsylvania has long embraced the general rule that a landowner who engages an independent contractor is not liable for the independent contractor’s negligence. Plaintiffs can get around the rule, however, if the landowner kept sufficient control over the worksite under the “retained...
|Appeals Court Rules GC Has “Reasonable Cause” to Withhold Payment|
Kari Kiki Bergeron; Taylor, Porter, Brooks & Phillips, L.L.P.;
March 21, 2016, previously published on March 14, 2016After the Eastern District of Louisiana ruled that General Contractor Woodrow Wilson Construction Co. Inc., hired to build a New Orleans elementary school, owed penalties and attorney’s fees to its subcontractor, Fisk Electric Co., over withholding payments to it, the United States Court of...
|Beware: New Rigorous Safety Sweeps of NYC Construction Sites to Begin|
George E. Pallas, Carol A. Sigmond; Cohen Seglias Pallas Greenhall & Furman PC;
March 9, 2016, previously published on February 15, 2016On February 12, 2016, New York City Mayor Bill de Blasio and New York City Department of Buildings Commissioner Rick Chandler announced a new aggressive campaign to improve worker safety on construction sites. Specifically, commencing tomorrow, Tuesday February 16, rigorous safety sweeps of...
|The Effect of the New Virginia Department of Labor Initiative to Prevent Worker Misclassification on the Use of Temporary Labor in Construction|
Gretchen M. Ostroff; Vandeventer Black LLP;
February 24, 2016, previously published on February 1, 2016Virginia law is unclear, but temporary staffing agencies may require contractor licensure from DPOR. In other states with similar laws, courts have held that temporary staffing agencies must be licensed as contractors if they supply laborers to construction projects. If temporary staffing agencies...
|The Enforceability of "Evergreen Clauses"|
Andrew C. Voorhees; Weltman, Weinberg & Reis Co., L.P.A.;
February 24, 2016, previously published on February 11, 2016An increasing presence in contractual transactions is the automatic renewal clause known as the "Evergreen Clause." An Evergreen Clause allows for an agreement to continue for a defined period if the existing agreement is not renegotiated or properly cancelled within a specified time....
|Temporary Staffing Agencies May Require Contractor Licensure, Depending Upon Project Location, and the Answer in Virginia Remains Unclear|
Gretchen M. Ostroff; Vandeventer Black LLP;
February 24, 2016, previously published on February 1, 2016Virginia’s contractor licensing requirements do not specifically address licensure of temporary staffing agencies; but several other states with similar licensing requirements have held that temporary staffing agencies must be licensed as contractors if they supply laborers to construction...
|Proposals for Settlement and the New Breed of Strict Construction|
Kathryn L. Ender; Cole, Scott & Kissane, P.A.;
February 17, 2016, previously published on February 2, 2016Proposals 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...
|FERC Releases Environmental Assessment for Cameron LNG Trains 5 and 6|
Sutherland Asbill Brennan LLP;
February 15, 2016, previously published on February 12, 2016FERC 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...
|Federal 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.;
February 12, 2016, previously published on Fall/Winter 2015The 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...