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Documents on Construction Law, Construction
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|A Bridge Over Deregulated Waters: The New Navigation Protection Act|
Jordanna Cytrynbaum, Miriam Isman; McCarthy Tétrault LLP;
November 28, 2014, previously published on November 17, 2014On April 1, 2014, the Federal Navigation Protection Act, R.S.C. 1985, c. N-22 (the “New Act”) came into force, replacing the Navigable Waters Protection Act (the “Old Act”) and making notable changes to Canada’s regulation of waterways. The legislative objective is to...
|Lakewood City Council Passes Ordinance Addressing Construction Defect Litigation|
Benton J. Barton, Clinton L. Coberly, Todd H. Fleckenstein, Gary L. Kuhn, Brian P. Molzahn; Hall & Evans, L.L.C.;
November 28, 2014, previously published on October 13, 2014On October 13, 2014, the Lakewood City Council passed an ordinance altering the way a construction defect action can proceed within the City’s limits. The overall purpose of the statute is to “encourage the construction of owner-occupied multi-family developments” in the City of...
|PTAB Follows District Court’s Claim Construction|
Craig W. Kronenthal; Banner & Witcoff, Ltd.;
November 28, 2014, previously published on November 10, 2014In construing a term in a claim of an expired patent, the PTAB followed the district court in adopting the petitioner’s proposed construction.
|When the “Discovery Rule” is Irrelevant|
Adam L. Gill, Jeffrey L. Hamera; Duane Morris LLP;
November 18, 2014, previously published on September 29, 2014Can the statute of limitations for a claim expire even before a project owner knows that it has a claim? This is a very real possibility if one is not careful in drafting contracts. Courts generally recognize that sophisticated business entities should be permitted to forfeit rights in contracts,...
|DCO Regime Faces a Real Test|
Katie Scuoler; Dentons Canada LLP;
November 18, 2014, previously published on October 29, 2014Better known as the super-sewer, the Thames Tideway Tunnel (“TTT”) Development Consent Order, granted on 12 September 2014, was a super-sized DCO application. The scheme covers 25km from Acton to Abbey Mills and with 43 hearing sessions and 1246 representations is by far the largest...
|Failure to Comply With Prompt Pay Act Trumps Claimed Failure to Perform|
Stanley A. Martin; Duane Morris LLP;
November 17, 2014, previously published on November 3, 2014When a New Jersey public authority failed to comply with the NJ Prompt Pay Act, it was obligated to pay the contractor even though it argued the contractor’s work was defective. That was the decision of the NJ Appellate Division in the case of Aire Enterprises v. Warren County. After...
|Conditional Building Permits: A Very Useful Tool|
Michael Foderick; McCarthy Tétrault LLP;
November 11, 2014, previously published on October 20, 2014There are many situations in which a developer may need to begin construction before a certain date, but cannot get their building permit in time. In Ontario that is usually because they cannot yet meet some very minor “applicable law” requirement that, according the Building Code Act,...
|Wyoming Supreme Court Concludes Contractor to Pay For Damages In Excess of Original Project Cost|
Michael R. Bosse; Bernstein Shur;
November 5, 2014, previously published on October 27, 2014An opinion released in a mid-August from the Wyoming Supreme Court concluded that repair damages were appropriate in a residential construction project when the contractor failed to provide an alternative, lower damage value based upon diminution in value of the home during the trial. This case...
|Navigating the Illinois Anti-Indemnity Statute and Case Law|
Jinyoung (Jenny) Shin; Taft Stettinius & Hollister LLP;
November 5, 2014, previously published on October 1, 2014Construction is a risky proposition. Injury to workers and property loss are significant risks. Accordingly, parties to a construction project often attempt to shift these risks using indemnification provisions. In Illinois, the Construction Contract Indemnification for Negligence Act, 740 ILCS...
|What’s Up With AIA Contract Documents?|
Steven W. Weeks; Taft Stettinius & Hollister LLP;
November 3, 2014, previously published on October 1, 2014For years, AIA has been touting the development of its new version of Contract Documents software that would run in “The Cloud,” which everyone knows from the ubiquitous television commercials is just the current buzzword for Internet-based software. This software development was...