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HTMLSpearin Doctrine is Alive and Well: Court Determines That It Applies to Construction Managers at Risk
Peter D. Welin; McDonald Hopkins LLC;
Legal Alert/Article
November 4, 2015, previously published on October 30, 2015
In a much anticipated ruling, the Massachusetts Supreme Judicial Court clarified the application of the Spearin Doctrine to At Risk Construction Managers. On Sept. 2, 2015, the highest Court in Massachusetts held that public owners implied warranty plans and specifications furnished in conjunction...


HTMLP3s: Opportunities for Green
Sarah E. Carson; Smith, Currie & Hancock LLP;
Legal Alert/Article
October 23, 2015, previously published on October 14, 2015
The public infrastructure of the United States is crumbling. While state and local governments face budgetary restrictions, they are also requiring more costly repairs through increasing mandates for green building. The United States Environmental Protection Agency describes green building as the...


Adobe PDFNew Rules Make Construction Arbitration More Attractive
Gordon S. Woodward; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
October 14, 2015, previously published on September 2015
The American Arbitration Association (AAA) implemented new Construction Industry Arbitration Rules this past summer. The changes eliminate certain gaps or ambiguities in the old rules, create some additional tools with which arbitrators can manage claims, and on balance, should make arbitration a...


Adobe PDFCity of Aurora, Colorado adopts Construction Defect Reform Ordinance to Promote Condominium Development and Reduce Litigation
Adam B. Wiens; Hall & Evans, LLC;
Legal Alert/Article
September 24, 2015, previously published on September 2015
In 2007, the Colorado Legislature passed the Homeowner Protection Act (HPA). The HPA made it significantly easier for property owners and homeowners' associations to bring construction defect claims against homebuilders. As a result, Colorado has seen a dramatic increase in both the number of...


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?...


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