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|Indiana Appellate Court Affirms Summary Judgment to General Contractor Where No Duty Existed Over Subcontractor’s Worker|
Sutherland Asbill Brennan LLP;
June 13, 2014, previously published on June 9, 2014The 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...
|Pennsylvania House and Senate Pass Bills to Ease Construction Lending|
Derek P. Dissinger; Barley Snyder;
June 13, 2014, previously published on June 2014Over 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...
|No Construction Lien Act (Ontario) Deemed Trust in Bankruptcy|
Sam Babe; Aird & Berlis LLP;
June 11, 2014, previously published on May 28, 2014In 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”)...
|“Waters of the U.S.” - A New Definition|
Karin M. Jacoby; Husch Blackwell LLP;
June 11, 2014, previously published on June 10, 2014The 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.
|Public 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;
June 11, 2014, previously published on May 2014With 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...
|Insurer Sues Chicago for Failure to Prevent Damages From Climate Change|
Nancy W. McBrady; Preti, Flaherty, Beliveau & Pachios, LLP;
June 6, 2014, previously published on May 20, 2014On 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...
|Congress 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;
June 6, 2014, previously published on May 23, 2014Water 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....
|Construction Ahead: How Our Construction Industry is Fueled by the Energy Environment|
Stephanie U. Roberts; Spilman Thomas & Battle, PLLC;
June 6, 2014, previously published on May 27, 2014The 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...
|Say What??!! When is There an Enforceable Agreement in the Subcontractor Bidding Process?|
Gerald E. (Gee) Lofstead, III; Spilman Thomas Battle PLLC;
June 6, 2014, previously published on May 28, 2014A 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...
|Indemnification Agreements and Insured Contracts: Why Your Business or Insurer Might Owe a Defense and Indemnity|
Glen A. Murphy; Spilman Thomas & Battle, PLLC;
June 6, 2014, previously published on May 27, 2014The 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...