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HTMLQuorum Call - NLRB Pursues Pro-Union Agenda
Kerry P. Hastings; Taft Stettinius & Hollister LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
Now that the National Labor Relations Board ("NLRB") has a quorum (meaning that at least three of the five NLRB members have been properly appointed) and the Senate changed the filibuster rules, the board is free to pursue the pro-union agenda that was thwarted by the NLRB’s quorum...


HTMLWithholding Payment - Risking Liability for a Lien Claimant’s Attorney’s Fees in Illinois
Elizabeth J. Boddy; Taft Stettinius & Hollister LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
While many construction projects are managed smoothly from start to finish, some present their fair share of complications. Disputes can sometimes arise, especially in scenarios where unanticipated events cause costs to escalate, and funding can become inadequate before construction is complete. An...


HTMLConstruction Innovations Yield Tax Benefits
Padric Kelly O'Brien; Taft Stettinius & Hollister LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
An Internal Revenue Service determination released earlier this year may be valuable to both real estate developers and manufacturers of certain types of drywall systems. We’ll explain both the ruling and how it may affect these businesses.


Adobe PDFAlabama Adopts PLA Reform
Nancy Fouad Carey; Burr & Forman LLP;
Legal Alert/Article
July 7, 2014, previously published on June 24, 2014
On March 3, 2014, Alabama Governor Robert Bentley signed into law House Bill 195, the “Fair and Open Competition in Governmental Construction Act.” Under the Act, public agencies awarding any contract for the construction, repair, remodeling, or demolition of a public improvement, or...


HTMLEPA Proposes to Delete Reference to Superseded 2005 ASTM Standard from “All Appropriate Inquiry” Rule
Christopher P. McCormack; Pullman & Comley, LLC;
Legal Alert/Article
July 4, 2014
On June 17, 2014, the United States Environmental Protection Agency published a proposal to delete reference to the 2005 version of the ASTM Phase I environmental site assessment standard from the federal “all appropriate inquiry” rule. This proposal would resolve a widely-criticized...


HTMLCan a Contractor Hold a Subcontractor to its Bid
Eugene J. Heady; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 2, 2014, previously published on June 6, 2014
The Contractor was preparing to bid on a school project. On the day of the bid, a Subcontractor submitted its bid to the Contractor to perform the paving work on the project. The Subcontractor’s bid was submitted by telephone on the day that the Contractor had to submit its bid to the school...


HTMLCourt of Appeal Considers Net Contribution Clauses
Dentons Canada LLP;
Legal Alert/Article
July 2, 2014, previously published on June 10, 2014
The recent Court of Appeal decision of West and Another v. Ian Finlay & Associates [2014] EWCA Civ 316 overturned the first instance decision and found that a net contribution clause contained in an architect's appointment with domestic clients (the Wests) relating to a domestic property was...


HTMLThe Second District Issues Useful Case Relative to Commercial General Liability for Construction Defects, Clarifying CA law on Concept of “Property Damage” and “Impaired Property”
John H. Podesta; Murchison & Cumming, LLP;
Legal Alert/Article
July 1, 2014, previously published on June 17, 2014
In this recent case, Regional Steel v Liberty Surplus, the subcontractor/steel fabricator, supplied steel seismic tie hooks that were the wrong angle (90 versus 135 degrees). The subcontractor sued the owner and GC for non-payment of the contract, which was followed by a cross complaint back...


Adobe PDFMaryland Federal Court Rules That An Arbitration Provision In A Construction Contract Giving Only One Party The Right To Select Arbitration Is Unenforceable
Michael C. Zisa; Peckar & Abramson, P.C.;
Legal Alert/Article
June 27, 2014
In a recent United States District Court for the District of Maryland decision, U.S. ex rel. Birckhead Electric, Inc. v. James W. Ancel, Inc., 2014 WL 2574529 (D. Md. June 5, 2014), the Court found that an arbitration provision in a construction contract that binds only one party is unenforceable....


HTMLThe New Maine General Hospital - The Gold Standard in Maine
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
June 25, 2014, previously published on June 17, 2014
Construction lawyers like me are used to encountering construction projects gone bad, and sometimes, headed directly toward litigation. In this column, I wanted to focus on a large-scale recent project in Maine that was an enormous success: the new Maine General hospital. I will highlight two of...


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