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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...


HTMLWomen in Project Development & Construction
Asha Echeverria, Meredith Eilers, Emily L. Kahn; Bernstein Shur;
Legal Alert/Article
June 15, 2015, previously published on May 26, 2015
Earlier this month, over 50 women in the project development and construction industries from across the state gathered together for a networking event and panel discussion in Falmouth, sponsored by Bernstein Shur. The event provided a unique opportunity for women in the field to make connections,...


HTMLEconomists’ Take on the 2015 Housing Market
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
June 15, 2015, previously published on May 26, 2015
In late April, I had the pleasure of attending the Annual Meeting for the Northeastern Lumber Manufacturers Association (“NELMA”) in Boston with my colleague George Burns. In addition to seeing a number of great clients (of which NELMA is one), attending some business meetings, and...


HTMLAfter the Demise of Construction Defect Reform - What Do We Do Now?
Rebecca Wilcox Dow; Holland & Hart LLP;
Legal Alert/Article
June 5, 2015, previously published on May 14, 2015
Two weeks ago, the Colorado legislature voted to kill Senate Bill 177, the reform bill intended to correct laws in Colorado related to construction defect litigation. Due to the current, well-documented need for affordable “for sale” homes and condos in Colorado, developers and...


HTMLNot Your Average Bond - Design Services in Alternative Project Delivery Methods
Alyssa M. Bussey; Smith, Currie & Hancock LLP;
Legal Alert/Article
June 2, 2015, previously published on May 5, 2015
The rise in popularity of alternative project delivery methods that combine design services complicates the already opaque world of surety bonds. As a general matter, for any project type, a bond is a tripartite transaction in which the contractor pays a percent of the penal sum of the bond to the...


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