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HTMLPayment: If vs. When
Jacob E. Roussel; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
September 24, 2015, previously published on September 2015
While most contractors are familiar with “pay-if-paid” and “pay-when-paid” clauses, some courts in Louisiana are still confusing the considerable difference between these types of contractual payment provisions. However, in the recent case of Tymeless Flooring, Inc. v....

 

HTMLOSHA Violations: Managers and Others May Have Personal Civil and/or Criminal Liability
John D. Surma, Collin G. Warren; Adams and Reese LLP;
Legal Alert/Article
September 17, 2015, previously published on September 15, 2015
Historically, there are few criminal convictions for violations of the Occupational Safety and Health Act of 1970, and the majority of those violations were related to dishonesty during OSHA inspections and interviews. Though criminal prosecutions under the Act are relatively few, OSHA’s...

 

HTMLPlay It Safe: Public Bidding Laws and P3s
Jonathan R. Mayo; Smith, Currie & Hancock LLP;
Legal Alert/Article
September 14, 2015, previously published on September 10, 2015
Public-Private Partnerships (“P3”) are a popular project delivery method for many state and local agencies across the nation. A key question that private parties interested in pursuing a P3 project should answer before diving in is whether the P3 procurement is subject to, and in...

 

HTMLWhether a Developer may Request Conditional Approval of Environmental Impact Assessment Based on the Environmental Protection Strategies Whose Efficacy Only can be Proved After Operation Commences
Patrick Chen; Lee Tsai Partners Attorneys-at-Law;
Legal Alert/Article
September 11, 2015, previously published by In the event that such decision is upheld by the Supreme Administrative Court, the impact on developers will lie in the requirement that a developer should explain in great detail to EIS authority about the environmental protection strategies and their efficacy in prevent and mitigating environmental impact in items such as "all kinds of relevant plans and current environmental circumstances within the scope of potential impact of development acts," "potential environmental impact that is expected from development acts" or "environmental protection strategies and alternative proposals" in the first stage of EIS. In addition, the efficacy of such strategies should be proved before the approval. It may become difficult to request the EIS authority to approve the development by "executive conditions" based on environmental strategy whose efficacy cannot be proved until operation commences.
Whether a developer may request conditional approval of environmental impact assessment based on the environmental protection strategies whose efficacy only can be proved after operation commences

 

HTMLLetters of the Law: 'N' is for Novation
Suzannah Newboult; DLA Piper (Canada) LLP;
Legal Form
September 10, 2015, previously published on July 10, 2015
Party A contracts with Party B. Party C is substituted for Party B. The contract is now between Party A and Party C. In other words Party C has stepped into the position of Party B.

 

HTMLLetters of the Law: 'O' is for Omission
Suzannah Newboult; DLA Piper (Canada) LLP;
Legal Alert/Article
September 10, 2015, previously published on July 24, 2015
Most contractors would not argue with the scope of their work being increased (provided they are to be paid for the increase) but they might not be so pleased if the scope is reduced and the employer seeks to pay them less. Is the employer entitled to omit elements of the contractor’s work?...

 

HTMLLetters of the Law: 'Q' is for Quality
Suzannah Newboult; DLA Piper (Canada) LLP;
Legal Alert/Article
September 9, 2015, previously published on August 21, 2015
As with many aspects of construction and engineering law, the answer lies in a well-drafted contract. Most standard form contracts simply require the contractor to execute and complete (and in some cases design) the works in accordance with the contract. The law says the same. A well-drafted...

 

HTMLLetters of the Law: 'P' is for Provisional Sums and Prime Costs
Suzannah Newboult; DLA Piper (Canada) LLP;
Legal Alert/Article
September 9, 2015, previously published on August 7, 2015
Provisional sums and prime costs are not terms of art. Provisional sums and prime costs are not concepts codified in the law. There is danger that one party's understanding of how to apply them may differ from the other. The solution is to define them and set out in the contract how to apply or...

 

HTMLLetters of the Law: 'R' is for Retention
DLA Piper (Canada) LLP;
Legal Alert/Article
September 9, 2015, previously published on September 4, 2015
Contractors in Qatar are usually required to stump up an enormous 30% of the contract sum in security to the employer. This is more onerous than in most jurisdictions, and reflects the buying power of the client but also the need to protect against the risk that comes from engaging foreign...

 

HTMLMassachusetts High Court Clarifies Construction Manager’s Role
Nathan Fennessy, Kenneth E. Rubinstein; Preti, Flaherty, Beliveau & Pachios, PLLP;
Legal Alert/Article
September 4, 2015, previously published on September 3, 2015
The Massachusetts Supreme Judicial Court issued a very significant ruling yesterday regarding the use of the CM-At Risk delivery method, particularly on public jobs.

 


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