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HTMLMassachusetts Governor Signs Bill Capping Retainage on Private Projects at 5%
Jonathan T. Elder; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
November 28, 2014, previously published on October 30, 2014
On Aug. 8, 2014, Massachusetts Governor Deval Patrick signed into law “An Act Relative to Fair Retainage Payments in Private Construction” (the “Act”). The Act’s primary feature is the establishment of a 5% limit on retainage on private construction projects for which...

 

HTMLReplacing the Construction (Design and Management) Regulations 2007 (CDM 2007)
Anne Davies, Julie Teal; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 10, 2014
CDM 2007 has so far regulated and managed work place health and safety on construction sites. The proposed Construction (Design and Management) Regulations (the new CDM Regulations) will revoke and re-enact with modifications CDM 2007. Please note these rules are not in existence at present. The...

 

Adobe PDFPTAB Follows District Court’s Claim Construction
Craig W. Kronenthal; Banner & Witcoff, Ltd.;
Legal Alert/Article
November 28, 2014, previously published on November 10, 2014
In construing a term in a claim of an expired patent, the PTAB followed the district court in adopting the petitioner’s proposed construction.

 

HTMLStart Talking, Tom Hagen: Disclosure of Attorney-Client Communications under the Crime Fraud Exception
Christina A. Fish; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
November 28, 2014, previously published on October 30, 2014
In the film The Godfather, not even Peter Clemenza could make mafia lawyer Tom Hagen sing about his “special practice” or his “one client.” However, a recent ruling by Judge Saylor of the United States District Court for the District of Massachusetts (part of the First...

 

HTMLLakewood City Council Passes Ordinance Addressing Construction Defect Litigation
Benton J. Barton, Clinton L. Coberly, Todd H. Fleckenstein, Gary L. Kuhn, Brian P. Molzahn; Hall & Evans, L.L.C.;
Legal Alert/Article
November 28, 2014, previously published on October 13, 2014
On October 13, 2014, the Lakewood City Council passed an ordinance altering the way a construction defect action can proceed within the City’s limits. The overall purpose of the statute is to “encourage the construction of owner-occupied multi-family developments” in the City of...

 

HTMLDCO Regime Faces a Real Test
Katie Scuoler; Dentons Canada LLP;
Legal Alert/Article
November 18, 2014, previously published on October 29, 2014
Better known as the super-sewer, the Thames Tideway Tunnel (“TTT”) Development Consent Order, granted on 12 September 2014, was a super-sized DCO application. The scheme covers 25km from Acton to Abbey Mills and with 43 hearing sessions and 1246 representations is by far the largest...

 

HTMLWhen the “Discovery Rule” is Irrelevant
Adam L. Gill, Jeffrey L. Hamera; Duane Morris LLP;
Legal Alert/Article
November 18, 2014, previously published on September 29, 2014
Can the statute of limitations for a claim expire even before a project owner knows that it has a claim? This is a very real possibility if one is not careful in drafting contracts. Courts generally recognize that sophisticated business entities should be permitted to forfeit rights in contracts,...

 

HTMLFailure to Comply With Prompt Pay Act Trumps Claimed Failure to Perform
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
November 17, 2014, previously published on November 3, 2014
When a New Jersey public authority failed to comply with the NJ Prompt Pay Act,[1] it was obligated to pay the contractor even though it argued the contractor’s work was defective. That was the decision of the NJ Appellate Division in the case of Aire Enterprises v. Warren County.[2] After...

 

HTMLConditional Building Permits: A Very Useful Tool
Michael Foderick; McCarthy Tétrault LLP;
Legal Alert/Article
November 11, 2014, previously published on October 20, 2014
There are many situations in which a developer may need to begin construction before a certain date, but cannot get their building permit in time. In Ontario that is usually because they cannot yet meet some very minor “applicable law” requirement that, according the Building Code Act,...

 

HTMLWyoming Supreme Court Concludes Contractor to Pay For Damages In Excess of Original Project Cost
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
November 5, 2014, previously published on October 27, 2014
An opinion released in a mid-August from the Wyoming Supreme Court concluded that repair damages were appropriate in a residential construction project when the contractor failed to provide an alternative, lower damage value based upon diminution in value of the home during the trial. This case...

 


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