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HTML"Excusable Neglect" is a Real Standard Requiring Real Evidence
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
May 30, 2014, previously published on May 12, 2014
In Garcia v. Ball, Plaintiff Garcia obtained a $522,400 default judgment against Defendant Ball. Plaintiff filed his petition for damages in excess of $75,000 on May 5, 2011 and served defendant on May 17. On July 7, plaintiff sent notice that in the event of default, plaintiff would seek judgment...

 

HTMLStatutes of Limitation - When Does the Clock Start to Tick?
Emily L. Kahn; Bernstein Shur;
Legal Alert/Article
May 27, 2014, previously published on May 22, 2014
A case issued in mid-April from the Michigan Supreme Court demonstrates that determining when a statute of limitations starts to run may not be as clear as one would expect. In Miller-Davis Company v. Ahrens Construction, Inc., a general contractor brought an action against a subcontractor for...

 

HTMLCongress Passes Water Resources Bill Encouraging Public-Private Partnerships for Water Supply and Treatment Construction Projects
Kent W. Collier, Lee C. Davis, Nkoyo-Ene Effiong; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 27, 2014, previously published on May 23, 2014
Water infrastructure projects across the nation may soon have access to innovative financing programs and increased public-private partnership (P3) opportunities. House Bill 3080 (2013) or the Water Resources Reform and Development Act (WRRDA), passed the U.S. Senate on May 22 by a vote of 91 to 7....

 

HTMLSabine Pass LNG Files Monthly Construction Status Report
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 26, 2014, previously published on May 21, 2014
Sabine Pass LNG filed a report with FERC covering construction activities through April 2014 at its LNG export terminal in Cameron Parish, La. Stage 1 (liquefaction trains 1 and 2) engineering is 97.4% complete, procurement is 95.5% complete, and subcontract and direct hire construction work are...

 

HTMLRecent Construction Industry Safety Violation Discipline Decisions: Due Diligence Means Enforcing Rules
Clarence L. Bennett, Alison Strachan; Stewart McKelvey;
Legal Alert/Article
May 21, 2014, previously published on Spring 2014
Effective health and safety programs must meet provincial occupational health and safety standards and employers must always exercise due diligence in taking steps to meet those standards. Ongoing enforcement of a health and safety program is a must. If not, it is arguable that the employer is not...

 

HTMLUnionization and Its Impact in the Construction Industry
Stephen J. Carpenter, Richard (Rick) M. Dunlop, Sacha D. Morisset, Stephen F. Penney; Stewart McKelvey;
Legal Alert/Article
May 21, 2014, previously published on Spring 2014
Non-union employers in Atlantic Canada's construction industry should be aware of the relative ease with which they can become unionized and the significant impact that unionization can have on the operation of their businesses.

 

HTMLSafety Begins With You: What Construction Employers in Atlantic Canada Need to Know About Occupational Health and Safety
Michelle McCann, Rebecca Saturley; Stewart McKelvey;
Legal Alert/Article
May 21, 2014, previously published on Spring 2014
Workplace injury and death is highest in the construction industry. In 2008, the Federal Government recorded an average of 24.5 injuries annually per 1,000 employees in the construction industry. Given these statistics, it is in a construction employer's best interest to take all reasonable...

 

HTMLUnionized and Non-Unionized Management Rights in the Construction Industry: The Newfoundland and Labrador Snapshot
Ruth E. Trask; Stewart McKelvey;
Legal Alert/Article
May 21, 2014, previously published on Spring 2014
Has your Newfoundland-based construction company recently been certified by a union, or are you contemplating the use of a union subcontractor on your worksite? There are a number of unique features of the construction industry in Newfoundland and Labrador. This article will make you aware of just...

 

HTMLAmusement Park Not Liable to Contractor’s Injured Worker Because No Retained Control Over Contractor’s Work
Sutherland Asbill Brennan LLP;
Legal Alert/Article
May 21, 2014, previously published on May 12, 2014
In March 2008, an employee of a construction contractor for an amusement park fell to his death while dismantling a large log flume-style ride. The worker’s estate sued the amusement park alleging multiple counts of negligence. As is generally true in all states, one who employees an...

 

HTMLA Nonconforming Building vs. an Illegal Building
Tucker Griffin Barnes P.C.;
Legal Alert/Article
May 19, 2014, previously published on Spring 2014
There are a few exceptions to zoning that can help clear up issues with nonconforming buildings or structures. For example, what do you do if the survey shows that a house is built too close to the locality's building setback lines?

 


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