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|Are HOAs Required To Accept Partial Payments On Delinquent Assessment Liens?|
Todd R. Howell; Tharpe & Howell;
August 27, 2014, previously published on August 20, 2014The Davis-Stirling Act governs HOA initiated judicial foreclosures against homeowners relative to outstanding lien assessments. In 2011, the Huntington Continental Town House Association recorded a delinquent lien assessment against one of its homeowners followed by the filing of a judicial...
|Stop Being So Unreasonable!|
Michael R. Bosse; Bernstein Shur;
August 27, 2014, previously published on August 25, 2014In a recent case decided in the United States Court of Appeals for the Federal Circuit, the Federal Court considered when costs are reasonable and when they are not. Kellogg Brown and Root Services Inc. (“KBR”) entered into a contract with the Army back in 2001 to provide logistical...
|Improper Asbestos Removal at School for the Blind Site|
Katie Nealon; Brayton Purcell LLP;
August 26, 2014, previously published on August 18, 2014The Environmental Protection Agency (EPA) is currently investigating the possibility of improper asbestos removal at the site of the former Michigan School for the Blind. The investigation has followed after Michigan construction company, MAC Contracting, LLC, was accused of improperly and unsafely...
|Discretionary Protection - State Bonding Requirements in P3 Projects|
Vianney Lopez; Smith, Currie & Hancock LLP;
August 25, 2014, previously published on August 19, 2014Public-private partnerships (“P3s”) have become an increasingly popular procurement method for public projects. P3s refer to the partnership between a public government agency—which can be federal, state, or local—and a private entity. The private entity’s role in...
|Is the End Near for Race-Conscious Contracting Programs? Federal Contractor Challenges the 8(a) Minority Business Development Program|
Edward T. DeLisle, Kayleen Egan, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
August 25, 2014, previously published on August 12, 2014Is the Small Business Administration’s (“SBA”) minority business development program, also known as the “8(a) Program” unconstitutional? The legality of the program has been a hot topic of debate over the year, most recently due to a significant DC District Court...
|Texas Supreme Court Applies Economic Loss Rule to Limit Tort Claims by Contractors Against Owner's Design Professionals|
Scott W. Cowan, Christopher H. Domingo, Daniel D. McMillan, Andrew D. Ness, J. Laurens Wilkes; Jones Day;
August 21, 2014, previously published on August 2014In a June 20 decision, the Texas Supreme Court applied the economic loss rule to preclude a direct claim for negligent misrepresentation by a construction contractor against an owner's architect based on flawed design documents. LAN/STV v. Martin K. Eby Constr. Co., No. 11-0810, 2014 Tex. LEXIS...
|“P3” is Way More than a New Buzzword|
Jeff Reichard; Nexsen Pruet, LLC;
August 20, 2014, previously published on August 19, 2014August 23rd marks the one-year anniversary of House Bill 857 (“HB 857”) becoming law in North Carolina. Through the enactment of HB 857, the Tar Heel state opened its doors to what is commonly referred to across the country as “P3,” which is shorthand for public-private...
|Defective Construction Claims: Are They Covered Under the CGL Policy or Not?|
Kohrman Jackson Krantz PLL;
August 19, 2014, previously published on August 18, 2014One area that is often argued are claims for defective construction under builders' commercial general liability insurance policies. This is an issue that equally affects a builder, a damaged party and the insurer, and how that issue is decided may depend on which state's law will control.
|Proposed Amendments to Alberta’s Condominium Property Act|
Brittany Weikum; McCarthy Tetrault LLP;
August 18, 2014, previously published on August 5, 2014On May 6, 2014 amendments to Alberta’s Condominium Property Act were introduced into the Alberta Legislature. The Act establishes the framework for the development, sale, and governance of both residential and commercial condominiums located in Alberta and outlines the duties and...
|Minimize the Inherent Risk in "Scope Bidding" by Amending Your Form Subcontract|
Eugene J. Heady; Smith, Currie & Hancock LLP;
August 12, 2014, previously published on August 8, 2014Subcontractors must exercise particular care if the project specifications are performance specifications or otherwise described by so-called “scope” criteria. A scope specification is one that describes the general scope of the project in terms of design, dimension, and major...