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HTMLConstruction Contracts - Don't Let Work Get Ahead
Kenra Parris-Whittaker, Jacy A. J. Whittaker; Parris Whittaker;
Legal Alert/Article
October 17, 2014, previously published on September 27, 2014
Construction cases often result in particularly valuable lessons for lawyers and commercial organisations alike who are involved in construction and property - particularly where work commences before the contract is finalised. The commercial lawyers at Bahamas law firm ParrisWhittaker are experts...

 

HTMLArbitration for One is Not Arbitration for All: Sixth Circuit Allows Lawsuit Against Indirect Parties Following Consolidated Arbitration
Scott W. Cowan, Taylor L. Freeman, Kent W. Lindsay, Andrew D. Ness, Stephen V. O'Neal; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
Recently, the U.S. Court of Appeals for the Sixth Circuit allowed a subcontractor's lawsuit against design professionals to proceed even though all parties had previously participated in a consolidated arbitration proceeding over the same issues. W.J. O'Neil Co. v. Shepley, Bulfinch, Richardson...

 

HTMLLien Out: Arbitrary Protection for Pre-Construction Consultants
Aidan Cameron; McCarthy Tétrault LLP;
Legal Alert/Article
October 15, 2014, previously published on October 6, 2014
Those who claim a builders lien must comply strictly with the requirements of the Builders Lien Act, and owners (or at least their counsel) are frequently on the lookout for liens that can be extinguished for a failure to satisfy such requirements. The recent BC Supreme Court decision in Stanley...

 

HTMLContemporaneous Documentation is Not Always a Good Thing
Michael H. Payne; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
October 15, 2014, previously published on October 2, 2014
There is no question that documentation is an important part in the resolution of any construction dispute. Particularly contemporaneous documents - documents that are created at the time that events occur. Quality control reports, daily logs, and timely letters all fall into the...

 

HTMLCourt Upholds Rights of Small Business Dredging Contractors
Michael H. Payne, Robert G. Ruggieri; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
October 14, 2014, previously published on September 24, 2014
In a bid protest argued by our firm before the United States Court of Federal Claims on September 23, 2014, the Court ruled in favor of our client, RLB Contracting, Inc., (RLB) in a matter involving the designation of the dredging exception to NAICS code 237990, which is for “Other Heavy and...

 

HTMLEffective Planning and Management in Construction Project Scheduling
Daniel Frost; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
The successful execution of a construction program in terms of meeting time and cost objectives has always been dependent on effective planning. The increasing complexity and cost of today's construction programs highlight the importance of careful management of the entire construction process from...

 

HTMLThe Positive Multiplier of Individual Empowerment
Joseph A. Cleves; Dressman Benzinger LaVelle psc;
Legal Alert/Article
October 13, 2014
The result was increased efficiency and lower cost.

 

HTMLSummary of California’s Prompt Payment Laws
Colin R. Higgins, Jeffrey M. Singletary; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
The California legislature has enacted a comprehensive series of prompt payment statutes that are designed to ensure the prompt payment of progress payments and retention payments to downstream contractors by imposing harsh monetary penalties for any violations of the statutory scheme. Determining...

 

HTMLIs the Spearin Doctrine Still a Contractor’s Shield if the Contractor Followed the Plans and Specifications?
Richard G. Erickson; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
United States v. Spearin, 248 U.S. 132, 39 S.Ct. 59 (1918) is almost 100 years old, and it is still one of the most oft-cited cases in a construction lawyer’s playbook. In numerous contested cases, Spearin has given contractors a way to avoid liability for construction defects arising from...

 

HTMLDrafting Contracts to Minimize or Avoid Claims
Jason Ebe; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
Many claims that arise in design and construction may be mitigated or avoided as a result of prudent contract drafting at the outset of the project. This article provides practical tips for drafting contracts to minimize or avoid claims. These tips are applicable to design and construction...

 


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