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|EPA and Army Corps Issue Proposed Rule Defining the Scope of Waters Protected Under the Clean Water Act|
E. Chase Dressman; Taft Stettinius & Hollister LLP;
July 8, 2014, previously published on June 30, 2014On April 21, 2014, the United States Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) issued a joint proposed rule designed to clarify which water bodies are subject to Clean Water Act (“CWA”) jurisdiction. The proposed rule...
|Withholding Payment - Risking Liability for a Lien Claimant’s Attorney’s Fees in Illinois|
Elizabeth J. Boddy; Taft Stettinius & Hollister LLP;
July 8, 2014, previously published on June 30, 2014While many construction projects are managed smoothly from start to finish, some present their fair share of complications. Disputes can sometimes arise, especially in scenarios where unanticipated events cause costs to escalate, and funding can become inadequate before construction is complete. An...
|Construction Innovations Yield Tax Benefits|
Padric Kelly O'Brien; Taft Stettinius & Hollister LLP;
July 8, 2014, previously published on June 30, 2014An Internal Revenue Service determination released earlier this year may be valuable to both real estate developers and manufacturers of certain types of drywall systems. We’ll explain both the ruling and how it may affect these businesses.
|Quorum Call - NLRB Pursues Pro-Union Agenda|
Kerry P. Hastings; Taft Stettinius & Hollister LLP;
July 8, 2014, previously published on June 30, 2014Now that the National Labor Relations Board ("NLRB") has a quorum (meaning that at least three of the five NLRB members have been properly appointed) and the Senate changed the filibuster rules, the board is free to pursue the pro-union agenda that was thwarted by the NLRB’s quorum...
|Alabama Adopts PLA Reform|
Nancy Fouad Carey; Burr & Forman LLP;
July 7, 2014, previously published on June 24, 2014On March 3, 2014, Alabama Governor Robert Bentley signed into law House Bill 195, the “Fair and Open Competition in Governmental Construction Act.” Under the Act, public agencies awarding any contract for the construction, repair, remodeling, or demolition of a public improvement, or...
|EPA Proposes to Delete Reference to Superseded 2005 ASTM Standard from “All Appropriate Inquiry” Rule|
Christopher P. McCormack; Pullman & Comley, LLC;
July 4, 2014On June 17, 2014, the United States Environmental Protection Agency published a proposal to delete reference to the 2005 version of the ASTM Phase I environmental site assessment standard from the federal “all appropriate inquiry” rule. This proposal would resolve a widely-criticized...
|Can a Contractor Hold a Subcontractor to its Bid|
Eugene J. Heady; Smith, Currie & Hancock LLP;
July 2, 2014, previously published on June 6, 2014The Contractor was preparing to bid on a school project. On the day of the bid, a Subcontractor submitted its bid to the Contractor to perform the paving work on the project. The Subcontractor’s bid was submitted by telephone on the day that the Contractor had to submit its bid to the school...
|Court of Appeal Considers Net Contribution Clauses|
Dentons Canada LLP;
July 2, 2014, previously published on June 10, 2014The recent Court of Appeal decision of West and Another v. Ian Finlay & Associates  EWCA Civ 316 overturned the first instance decision and found that a net contribution clause contained in an architect's appointment with domestic clients (the Wests) relating to a domestic property was...
|The Second District Issues Useful Case Relative to Commercial General Liability for Construction Defects, Clarifying CA law on Concept of “Property Damage” and “Impaired Property”|
John H. Podesta; Murchison & Cumming, LLP;
July 1, 2014, previously published on June 17, 2014In this recent case, Regional Steel v Liberty Surplus, the subcontractor/steel fabricator, supplied steel seismic tie hooks that were the wrong angle (90 versus 135 degrees). The subcontractor sued the owner and GC for non-payment of the contract, which was followed by a cross complaint back...
|Maryland Federal Court Rules That An Arbitration Provision In A Construction Contract Giving Only One Party The Right To Select Arbitration Is Unenforceable|
Michael C. Zisa; Peckar & Abramson, P.C.;
June 27, 2014In a recent United States District Court for the District of Maryland decision, U.S. ex rel. Birckhead Electric, Inc. v. James W. Ancel, Inc., 2014 WL 2574529 (D. Md. June 5, 2014), the Court found that an arbitration provision in a construction contract that binds only one party is unenforceable....