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HTMLLetters of the Law: 'P' is for Provisional Sums and Prime Costs
Suzannah Newboult; DLA Piper (Canada) LLP;
Legal Alert/Article
September 9, 2015, previously published on August 7, 2015
Provisional sums and prime costs are not terms of art. Provisional sums and prime costs are not concepts codified in the law. There is danger that one party's understanding of how to apply them may differ from the other. The solution is to define them and set out in the contract how to apply or...


HTMLMassachusetts High Court Clarifies Construction Manager’s Role
Nathan Fennessy, Kenneth E. Rubinstein; Preti, Flaherty, Beliveau & Pachios, PLLP;
Legal Alert/Article
September 4, 2015, previously published on September 3, 2015
The Massachusetts Supreme Judicial Court issued a very significant ruling yesterday regarding the use of the CM-At Risk delivery method, particularly on public jobs.


HTMLContractors Beware: Washington Court Rules Good Cause Not Required to Terminate Contract for Convenience
Timothy John Repass; Wood, Smith, Henning & Berman LLP;
Legal Alert/Article
September 3, 2015, previously published on September 1, 2015
The Washington State Court of Appeals held on August 10, 2015, that a termination for convenience provision in a private construction contract is enforceable where there is adequate consideration in the form of partial performance of the contract and payment for such work.


HTMLNew Texas Law Lists Requirements for Condominium Defect Litigation
Clayton C. Cannon, Collin G. Warren; Adams and Reese LLP;
Legal Alert/Article
September 3, 2015, previously published on August 25, 2015
The Texas Legislature recently passed House Bill 1455 which addresses defect and design claims relative to condominiums and condominium associations. Among the key issues are a series of new steps that must be accomplished before a lawsuit is filed. The new law applies only to a suit filed or...


Adobe PDFCompliance Programs-When They Work and When They Don’t
Richard T. Preiss; Peckar & Abramson A Professional Corporation;
Legal Alert/Article
September 1, 2015
In today’s regulated economy, compliance programs are a necessity across most industries. That is no less so for the construction industry.


HTMLFluor Corp. v. Superior Court (Cal. Sup. Ct. 2015) ---- Cal.4th ----, ---- W.L. ----, Case No. S205889
McCormick Barstow Sheppard Wayte Carruth LLP;
Legal Alert/Article
September 1, 2015, previously published on August 28, 2015
Fluor Corporation was involved in engineering, procurement and construction (EPC) activities and, beginning in 1971 and until 1986, was insured by Hartford. Each Hartford policy contained a consent to assignment clause requiring the insurer's consent before any assignment would be binding....


HTMLConstruction Status Report Filed for Corpus Christi LNG Project
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 27, 2015, previously published on August 26, 2015
Corpus Christi Liquefaction, LLC has filed a report with FERC on the status of construction of its LNG export terminal near Corpus Christi, Texas through July 2015. The report states that engineering has progressed to 71.9%, procurement has progressed to 25.9%, subcontract and direct hire...


HTMLA Word of Caution to Design-Builders
Ashley G. Moss; Vandeventer Black LLP;
Legal Alert/Article
August 25, 2015, previously published on August 2015
The Virginia Department of Professional and Occupational Regulation (“DPOR”) licenses professional contractors, engineers, and architects in Virginia and punishes those who violate licensure laws. Although sometimes overlooked, businesses that provide professional services must also be...


HTMLFERC to Prepare Environmental Assessment for Freeport LNG Train 4 Project
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 21, 2015, previously published on August 20, 2015
FERC has issued a notice of its intent to prepare an environmental assessment (EA) for Freeport LNG Development, L.P.’s proposal to add a fourth liquefaction train (Train 4 Project) at its LNG export terminal currently under construction on Quintana Island in Brazoria County, Texas. The Train...


HTMLBreathing Room: The Alberta Court of Appeal Addresses the New Limitation Period for Third-Party Claims
Christopher Petrucci; Bennett Jones LLP;
Legal Alert/Article
August 20, 2015, previously published on August 13, 2015
The limitation period for a defendant seeking contribution from a third party has changed. In last month's Alberta Court of Appeal decision of Whitecourt Power Limited Partnership v Elliott Turbomachinery Canada Inc., 2015 ABCA 252 (Whitecourt Power), the Court interpreted a recent amendment to the...


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