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|What Difference Does It Make? Pay If Paid vs. Pay When Paid|
Steven W. Weeks; Taft Stettinius & Hollister LLP;
March 2, 2015, previously published on February 16, 2015When does a subcontractor get paid for its work? Not surprisingly, this is one of the enduring major issues in subcontract agreements. The traditional provision is exemplified by AIA Document A401: “The Contractor shall pay the Subcontractor each progress payment no later than seven working...
|What’s in that Contract Again? Reflections on the Recent Recession|
Travis A. Knobbe; Spilman Thomas & Battle, PLLC;
February 27, 2015, previously published on Deceber 17, 2014During and immediately after the most recent recession, construction litigation seemed to hit an apex. New pre-litigation matters to resolve monetary disputes from recession-era construction projects continue to keep many construction lawyers busy. As the economy continues to...
|Legal Developments in Construction Law|
Mayer Brown LLP;
February 27, 2015, previously published on December 2014The RICS form for requesting nomination of a construction adjudicator asks for names of adjudicators who would have a conf lict of interest. In the response to this question a subcontractor’s representative listed a number of adjudicators that he did not want appointed, but none had a conf...
|It's Not the Crime, It's the Cover-Up: Equitable Estoppel in Construction Defect Claims|
Bryan G. Scott; Spilman Thomas & Battle, PLLC;
February 27, 2015, previously published on December 16, 2014More than 20 years ago, the Watergate scandal taught us “it’s not the crime, it’s the cover-up” that does the damage. The ensuing decades have brought a steady stream of individuals and companies that had to learn the truth of this adage the hard way. Construction companies...
|Undisclosed Change in Building Height Requires Supplemental EIR|
Tiffany T.V. Duong, Jeffrey W. Forrest; Sheppard, Mullin, Richter & Hampton LLP;
February 26, 2015, previously published on January 30, 2015The Court of Appeal for the Second Appellate District of California has ruled that (i) a 20% increase in the actual height of a building over the stated height in the certified EIR required Ventura County to prepare a supplemental EIR rather than an addendum; and (ii) the County’s failure to...
|Authorized Agents of a Property Owner Are Not Subject to Individual Liability Under CASPA|
Dylan B. Spadaccino; Babst Calland;
February 26, 2015, previously published on February 20, 2015It is not uncommon for contractors and subcontractors to be verbally directed to perform extra work on construction projects without written change orders. Construction attorneys frequently deal with payment claims for such work if payment for that extra work is not made voluntarily. The individual...
|West Virginia Supreme Court Announces Major Change to West Virginia Construction
Law - Owners May Now Recover Damages In Excess of Costs to Repair|
Marc J. Felezzola; Babst Calland;
February 26, 2015, previously published on February 13, 2015The West Virginia Supreme Court’s recent decision in the Brooks v. City of Huntington case overturned years of precedent regarding what a claimant may recover for property damage. Prior to the Brooks decision, the law in West Virginia was that a party claiming property damage was required to...
|Coldwater Indian Band v. Canada (Indian Affairs and Northern Development), 2014 FCA 277, FCA (Nadon, Webb and Boivin JJ.A.)|
Scott Kerwin; Borden Ladner Gervais LLP;
February 25, 2015, previously published on November 25, 2014The Federal Court of Appeal dismissed an appeal by the Coldwater Indian Band, and allowed a cross-appeal by Kinder Morgan, in relation to a dispute over the assignment of pipeline easements. The Court held that the judicial review application was premature, as the Minister had not yet made a...
|Nunatukavut Community Council Inc. v. Nalcor Energy, 2014 NLCA 46, NLCA (Green C.J.N.L., Rowe And White JJ.A.)|
Scott Kerwin; Borden Ladner Gervais LLP;
February 25, 2015, previously published on December 3, 2014The Newfoundland and Labrador Court of Appeal set aside a perpetual injunction granted by the chambers judge in 2012 arising from a one-day protest by members of the appellant NunatuKavut Community Council in 2011. The applications judge erred in law in granting the injunction. The Court of Appeal...
|Proposed Legislation to change Chapter 558|
Sanjay Kurian; Becker Poliakoff P.A.;
February 20, 2015, previously published on February 4, 2015The Legislature will be considering legislation this year to change Chapter 558, Florida Statutes. Chapter 558 is required process for any party seeking to pursue claims for construction defects. The original goal of Chapter 558 was to provide an opportunity to settle defect claims without...