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|Anti-Indemnification Statutes and Their Impact upon Insuring Indemnification Obligations Versus Those of an Additional Insured|
Jay R. Houghton; Smith, Currie & Hancock LLP;
July 18, 2014, previously published on July 7, 2014Construction projects are inherently risky endeavors. A myriad of things that can go wrong range from damaging a tree on neighboring property, to the structural failure of a completed building, and the loss of limb or life. One of the most important reasons one enters into a contract while...
|Homeowners Attempt to "Return to AAS"; Builder Seeks Writ Relief|
Andrew M. Morgan; Borton Petrini, LLP;
July 16, 2014, previously published on Summer 2014Civil Code section 895 et seq. ("the Act" or "SB800") sets forth construction standards for residential homes sold after January 1, 2003. It makes violation of the standards actionable regardless of whether the violation(s) caused actual property damage, effectively abrogating...
|Enforcing and Possibly Escaping Construction Arbitration Clauses|
Crighton T. Allen; Hall Booth Smith P.C.;
July 15, 2014, previously published on July 10, 2014The use of private arbitration to resolve disputes in the construction industry has, for many years, been a popular alternative to traditional litigation. Perhaps the most attractive feature of arbitration is the degree of control over the dispute resolution process that it affords parties. ...
|Hong Kong Owner Successfully Appeals Against Conviction under the Air Pollution Control Ordinance|
Geoffrey Y. M. Chan, Mei Ling Lew; Mayer Brown JSM;
July 14, 2014, previously published on July 10, 2014In the recent case of HKSAR v. Wing Lok Construction & Engineering Co., Ltd.  2 HKLRD 669, the Court of First Instance allowed an appeal against the conviction of an owner of premises under s.77(2) of the Air Pollution Control Ordinance, Cap. 311 (APCO) for, when carrying out or causing...
|South Carolina Supreme Court Rules in FOIA Case|
Bob Coble; Nexsen Pruet, LLC;
July 11, 2014, previously published on July 1, 2014The South Carolina Supreme Court recently issued an opinion in Lambries v Saluda County Council.
|SBA Increases Small Business Size Standards for Construction|
Stephen J. Kelleher, Steven L. Reed, Alan I. Saltman; Smith, Currie & Hancock LLP;
July 9, 2014, previously published on June 19, 2014In an interim rule published June 12, 2014, effective July 14, 2014, the Small Business Administration has updated its revenue based size standards for small businesses. Citing the need to adjust the size standards due to inflation at least once every five years, SBA made the first adjustment to...
|EPA and Army Corps Issue Proposed Rule Defining the Scope of Waters Protected Under the Clean Water Act|
E. Chase Dressman; Taft Stettinius & Hollister LLP;
July 8, 2014, previously published on June 30, 2014On April 21, 2014, the United States Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) issued a joint proposed rule designed to clarify which water bodies are subject to Clean Water Act (“CWA”) jurisdiction. The proposed rule...
|Withholding Payment - Risking Liability for a Lien Claimant’s Attorney’s Fees in Illinois|
Elizabeth J. Boddy; Taft Stettinius & Hollister LLP;
July 8, 2014, previously published on June 30, 2014While many construction projects are managed smoothly from start to finish, some present their fair share of complications. Disputes can sometimes arise, especially in scenarios where unanticipated events cause costs to escalate, and funding can become inadequate before construction is complete. An...
|Quorum Call - NLRB Pursues Pro-Union Agenda|
Kerry P. Hastings; Taft Stettinius & Hollister LLP;
July 8, 2014, previously published on June 30, 2014Now that the National Labor Relations Board ("NLRB") has a quorum (meaning that at least three of the five NLRB members have been properly appointed) and the Senate changed the filibuster rules, the board is free to pursue the pro-union agenda that was thwarted by the NLRB’s quorum...
|Construction Innovations Yield Tax Benefits|
Padric Kelly O'Brien; Taft Stettinius & Hollister LLP;
July 8, 2014, previously published on June 30, 2014An Internal Revenue Service determination released earlier this year may be valuable to both real estate developers and manufacturers of certain types of drywall systems. We’ll explain both the ruling and how it may affect these businesses.