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|Letters of the Law: 'P' is for Provisional Sums and Prime Costs|
Suzannah Newboult; DLA Piper (Canada) LLP;
September 9, 2015, previously published on August 7, 2015Provisional 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...
|Massachusetts High Court Clarifies Construction Manager’s Role|
Nathan Fennessy, Kenneth E. Rubinstein; Preti, Flaherty, Beliveau & Pachios, PLLP;
September 4, 2015, previously published on September 3, 2015The Massachusetts Supreme Judicial Court issued a very significant ruling yesterday regarding the use of the CM-At Risk delivery method, particularly on public jobs.
|Contractors Beware: Washington Court Rules Good Cause Not Required to Terminate Contract for Convenience|
Timothy John Repass; Wood, Smith, Henning & Berman LLP;
September 3, 2015, previously published on September 1, 2015The 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.
|New Texas Law Lists Requirements for Condominium Defect Litigation|
Clayton C. Cannon, Collin G. Warren; Adams and Reese LLP;
September 3, 2015, previously published on August 25, 2015The 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...
|Compliance Programs-When They Work and When They Don’t|
Richard T. Preiss; Peckar & Abramson A Professional Corporation;
September 1, 2015In today’s regulated economy, compliance programs are a necessity across most industries. That is no less so for the construction industry.
|Fluor Corp. v. Superior Court (Cal. Sup. Ct. 2015) ---- Cal.4th ----, ---- W.L. ----, Case No. S205889|
McCormick Barstow Sheppard Wayte Carruth LLP;
September 1, 2015, previously published on August 28, 2015Fluor 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....
|Construction Status Report Filed for Corpus Christi LNG Project|
Sutherland Asbill Brennan LLP;
August 27, 2015, previously published on August 26, 2015Corpus 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...
|A Word of Caution to Design-Builders|
Ashley G. Moss; Vandeventer Black LLP;
August 25, 2015, previously published on August 2015The 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...
|FERC to Prepare Environmental Assessment for Freeport LNG Train 4 Project|
Sutherland Asbill Brennan LLP;
August 21, 2015, previously published on August 20, 2015FERC 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...
|Breathing Room: The Alberta Court of Appeal Addresses the New Limitation Period for Third-Party Claims|
Christopher Petrucci; Bennett Jones LLP;
August 20, 2015, previously published on August 13, 2015The 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...