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HTMLStrategic Considerations for Pay-If-Paid Provisions in Ohio
Lowell T. Woods; Taft Stettinius & Hollister LLP;
Legal Alert/Article
July 7, 2015, previously published on July 2, 2015
In Ohio, as confirmed by the Ohio Supreme Court in Transtar Electric, Inc. v. A.E.M. Electric Services Corp., 140 Ohio St.3d 193, 2014-Ohio-3095, pay-if-paid clauses are enforceable provided that appropriate language is used. While such provisions are considered unreasonable from a subcontractor's...

 

HTMLIllinois Mechanics Lien Act to Allow Substitution of Bond for Property as Security for Payment of Claims
Elizabeth J. Boddy; Taft Stettinius & Hollister LLP;
Legal Alert/Article
July 7, 2015, previously published on July 2, 2015
Illinois is about to join the ranks of at least 35 other states and territories that permit substitution of a surety bond in lieu of real estate as security for payments due contractors who assert mechanics liens on private projects. Illinois House Bill 2635, adding new Section 38.1 to the Illinois...

 

Adobe PDFChanges to Florida's Construction Defect Notice Statute
Matthew Stock, Peter C. Vilmos; Burr & Forman LLP;
Legal Alert/Article
July 1, 2015, previously published on June 2015
Florida Governor Rick Scott signed a new bill that changes Florida's construction defect notice statute, effective October 1, 2015. Changes to the Florida statute include: (I) an amendment to section 558.001, revising legislative intent; (II) an amendment to section 558.002, revising the definition...

 

HTMLThe Law’s Ticking Clock - Statutes of Limitations & Statutes of Repose
Alison R. Mullins; Rees Broome, PC;
Legal Alert/Article
June 26, 2015, previously published on Spring 2015
The time frame within which a legal claim can be brought is limited. The purpose behind these time limitations is to provide predictability and finality to liability exposure. The time limits also help ensure that claims are brought and can be resolved when evidence related to the legal claim is...

 

HTMLVariation to the Lump Sum Contract: the Deductive Change Directive
Andrew N. Felice; Rees Broome, PC;
Legal Alert/Article
June 26, 2015, previously published on Spring 2015
On your current project and like many general contractors, you front end loaded your schedule of values, perhaps excessively. The project has been humming along as planned, with the owner paying all of your payment requests without objection. But now halfway into the project, the owner decides to...

 

HTMLSabine Pass LNG Files Construction Status Report
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 25, 2015, previously published on June 24, 2015
Sabine Pass LNG filed a report with FERC covering construction activities through May 2015 at its LNG export terminal in Cameron Parish, La. Stage 1 (liquefaction trains 1 and 2) engineering and procurement are 100% complete, and subcontract and direct hire construction work are 71.2% and 81.9%...

 

HTMLB.C. Legislature to Consider Law to Facilitate Pacific Northwest LNG Terminal Construction
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 24, 2015, previously published on June 23, 2015
The Globe and Mail reports that the British Columbia (B.C.) legislature will meet starting July 13, 2015, to consider legislation to enable the province to enter into a project development agreement to facilitate the development of the proposed Petronas-led Pacific Northwest LNG export terminal on...

 

HTMLAsset-Light Strategy Issues in the Development Space
Richard J. Fildes, Mark Heimendinger; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
June 23, 2015, previously published on June 17, 2015
While asset-light strategies have been used for decades in the hotel industry, the strategy and how to implement it are a bit more complicated in the development space, whether for a hotel or time-share company. A typical asset-light approach is to spin off the ownership of the real estate while...

 

HTMLCourt Denies Request for Stay of Dominion Cove Point LNG Terminal Construction
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 23, 2015, previously published on June 22, 2015
The U.S. Court of Appeals for the D.C. Circuit has issued an order denying EarthReports, Inc. et al.’s emergency motion for a stay of FERC orders authorizing construction of the Dominion Cove Point LNG export terminal at Lusby, Md. The court ruled that Earthjustice had “neither...

 

HTMLProspective Waiver of Lien Rights by Subcontractors & Suppliers
James B. Rixey; Vandeventer Black LLP;
Legal Alert/Article
June 22, 2015, previously published on June 2015
On April 15, 2015, the General Assembly enacted legislation amending Virginia Code § 43-3, providing that a subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish his lien rights, right to assert bond payment claims, or the right to assert claims for additional...

 


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