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|Spearin Doctrine is Alive and Well: Court Determines That It Applies to Construction Managers at Risk|
Peter D. Welin; McDonald Hopkins LLC;
November 4, 2015, previously published on October 30, 2015In a much anticipated ruling, the Massachusetts Supreme Judicial Court clarified the application of the Spearin Doctrine to At Risk Construction Managers. On Sept. 2, 2015, the highest Court in Massachusetts held that public owners implied warranty plans and specifications furnished in conjunction...
|P3s: Opportunities for Green|
Sarah E. Carson; Smith, Currie & Hancock LLP;
October 23, 2015, previously published on October 14, 2015The public infrastructure of the United States is crumbling. While state and local governments face budgetary restrictions, they are also requiring more costly repairs through increasing mandates for green building. The United States Environmental Protection Agency describes green building as the...
|New Rules Make Construction Arbitration More Attractive|
Gordon S. Woodward; Schnader Harrison Segal & Lewis LLP;
October 14, 2015, previously published on September 2015The American Arbitration Association (AAA) implemented new Construction Industry Arbitration Rules this past summer. The changes eliminate certain gaps or ambiguities in the old rules, create some additional tools with which arbitrators can manage claims, and on balance, should make arbitration a...
|City of Aurora, Colorado adopts Construction Defect Reform Ordinance to Promote Condominium Development and Reduce Litigation|
Adam B. Wiens; Hall & Evans, LLC;
September 24, 2015, previously published on September 2015In 2007, the Colorado Legislature passed the Homeowner Protection Act (HPA). The HPA made it significantly easier for property owners and homeowners' associations to bring construction defect claims against homebuilders. As a result, Colorado has seen a dramatic increase in both the number of...
|Payment: If vs. When|
Jacob E. Roussel; Breazeale, Sachse & Wilson, L.L.P.;
September 24, 2015, previously published on September 2015While most contractors are familiar with “pay-if-paid” and “pay-when-paid” clauses, some courts in Louisiana are still confusing the considerable difference between these types of contractual payment provisions. However, in the recent case of Tymeless Flooring, Inc. v....
|OSHA Violations: Managers and Others May Have Personal Civil and/or Criminal Liability|
John D. Surma, Collin G. Warren; Adams and Reese LLP;
September 17, 2015, previously published on September 15, 2015Historically, there are few criminal convictions for violations of the Occupational Safety and Health Act of 1970, and the majority of those violations were related to dishonesty during OSHA inspections and interviews. Though criminal prosecutions under the Act are relatively few, OSHA’s...
|Play It Safe: Public Bidding Laws and P3s|
Jonathan R. Mayo; Smith, Currie & Hancock LLP;
September 14, 2015, previously published on September 10, 2015Public-Private Partnerships (“P3”) are a popular project delivery method for many state and local agencies across the nation. A key question that private parties interested in pursuing a P3 project should answer before diving in is whether the P3 procurement is subject to, and in...
|Whether a Developer may Request Conditional Approval of Environmental Impact Assessment Based on the Environmental Protection Strategies Whose Efficacy Only can be Proved After Operation Commences|
Patrick Chen; Lee Tsai Partners Attorneys-at-Law;
September 11, 2015, previously published by In the event that such decision is upheld by the Supreme Administrative Court, the impact on developers will lie in the requirement that a developer should explain in great detail to EIS authority about the environmental protection strategies and their efficacy in prevent and mitigating environmental impact in items such as "all kinds of relevant plans and current environmental circumstances within the scope of potential impact of development acts," "potential environmental impact that is expected from development acts" or "environmental protection strategies and alternative proposals" in the first stage of EIS. In addition, the efficacy of such strategies should be proved before the approval. It may become difficult to request the EIS authority to approve the development by "executive conditions" based on environmental strategy whose efficacy cannot be proved until operation commences.Whether a developer may request conditional approval of environmental impact assessment based on the environmental protection strategies whose efficacy only can be proved after operation commences
|Letters of the Law: 'N' is for Novation|
Suzannah Newboult; DLA Piper (Canada) LLP;
September 10, 2015, previously published on July 10, 2015Party A contracts with Party B. Party C is substituted for Party B. The contract is now between Party A and Party C. In other words Party C has stepped into the position of Party B.
|Letters of the Law: 'O' is for Omission|
Suzannah Newboult; DLA Piper (Canada) LLP;
September 10, 2015, previously published on July 24, 2015Most contractors would not argue with the scope of their work being increased (provided they are to be paid for the increase) but they might not be so pleased if the scope is reduced and the employer seeks to pay them less. Is the employer entitled to omit elements of the contractor’s work?...