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|"Excusable Neglect" is a Real Standard Requiring Real Evidence|
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
May 30, 2014, previously published on May 12, 2014In 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...
|Statutes of Limitation - When Does the Clock Start to Tick?|
Emily L. Kahn; Bernstein Shur;
May 27, 2014, previously published on May 22, 2014A 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...
|Congress 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;
May 27, 2014, previously published on May 23, 2014Water 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....
|Sabine Pass LNG Files Monthly Construction Status Report|
Sutherland Asbill Brennan LLP;
May 26, 2014, previously published on May 21, 2014Sabine 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...
|Recent Construction Industry Safety Violation Discipline Decisions: Due Diligence Means Enforcing Rules|
Clarence L. Bennett, Alison Strachan; Stewart McKelvey;
May 21, 2014, previously published on Spring 2014Effective 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...
|Unionization and Its Impact in the Construction Industry|
Stephen J. Carpenter, Richard (Rick) M. Dunlop, Sacha D. Morisset, Stephen F. Penney; Stewart McKelvey;
May 21, 2014, previously published on Spring 2014Non-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.
|Safety Begins With You: What Construction Employers in Atlantic Canada Need to Know About Occupational Health and Safety|
Michelle McCann, Rebecca Saturley; Stewart McKelvey;
May 21, 2014, previously published on Spring 2014Workplace 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...
|Unionized and Non-Unionized Management Rights in the Construction Industry: The Newfoundland and Labrador Snapshot|
Ruth E. Trask; Stewart McKelvey;
May 21, 2014, previously published on Spring 2014Has 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...
|Amusement Park Not Liable to Contractor’s Injured Worker Because No Retained Control Over Contractor’s Work|
Sutherland Asbill Brennan LLP;
May 21, 2014, previously published on May 12, 2014In 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...
|A Nonconforming Building vs. an Illegal Building|
Tucker Griffin Barnes P.C.;
May 19, 2014, previously published on Spring 2014There 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?