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Documents on Construction Law, Construction
 

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HTMLLabor Department Issues Final Rule to Establish a Minimum Wage for Federal Contractors
Joseph L. Hardesty; Stites & Harbison, PLLC;
Legal Alert/Article
October 28, 2014, previously published on October 21, 2014
On October 1, 2014, the United States Department of Labor issued a Final Rule to establish a minimum wage of $10.10 per hour for certain federal contractors beginning January 1, 2015. The rule implements a February 12, 2014 Executive Order signed by President Obama “Establishing a Minimum...

 

HTMLFinding Asbestos in Your Home
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
October 19, 2014, previously published on OCtober 13, 2014
Asbestos exposure can happen in many places, even your own home. Since asbestos fibers have been worked into construction materials and consumer products of all kinds over the years, many US homeowners and renting families are experiencing exposure today as the materials break down over time.

 

HTMLConstruction Contracts - Don't Let Work Get Ahead
Kenra Parris-Whittaker, Jacy A. J. Whittaker; Parris Whittaker;
Legal Alert/Article
October 17, 2014, previously published on September 27, 2014
Construction cases often result in particularly valuable lessons for lawyers and commercial organisations alike who are involved in construction and property - particularly where work commences before the contract is finalised. The commercial lawyers at Bahamas law firm ParrisWhittaker are experts...

 

HTMLArbitration for One is Not Arbitration for All: Sixth Circuit Allows Lawsuit Against Indirect Parties Following Consolidated Arbitration
Scott W. Cowan, Taylor L. Freeman, Kent W. Lindsay, Andrew D. Ness, Stephen V. O'Neal; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
Recently, the U.S. Court of Appeals for the Sixth Circuit allowed a subcontractor's lawsuit against design professionals to proceed even though all parties had previously participated in a consolidated arbitration proceeding over the same issues. W.J. O'Neil Co. v. Shepley, Bulfinch, Richardson...

 

HTMLLien Out: Arbitrary Protection for Pre-Construction Consultants
Aidan Cameron; McCarthy Tétrault LLP;
Legal Alert/Article
October 15, 2014, previously published on October 6, 2014
Those who claim a builders lien must comply strictly with the requirements of the Builders Lien Act, and owners (or at least their counsel) are frequently on the lookout for liens that can be extinguished for a failure to satisfy such requirements. The recent BC Supreme Court decision in Stanley...

 

HTMLContemporaneous Documentation is Not Always a Good Thing
Michael H. Payne; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
October 15, 2014, previously published on October 2, 2014
There is no question that documentation is an important part in the resolution of any construction dispute. Particularly contemporaneous documents - documents that are created at the time that events occur. Quality control reports, daily logs, and timely letters all fall into the...

 

HTMLCourt Upholds Rights of Small Business Dredging Contractors
Michael H. Payne, Robert G. Ruggieri; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
October 14, 2014, previously published on September 24, 2014
In a bid protest argued by our firm before the United States Court of Federal Claims on September 23, 2014, the Court ruled in favor of our client, RLB Contracting, Inc., (RLB) in a matter involving the designation of the dredging exception to NAICS code 237990, which is for “Other Heavy and...

 

HTMLArizona Contractors Confront Cardinal Change
Cindy K. Schmidt; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
The “cardinal change doctrine” is a legal theory pursuant to which a contractor who is presented excessive, cumulative or otherwise material contract change orders has the right to terminate the contract and/or recover damages from the owner. The basic concept is that if the owner (i)...

 

HTMLDrafting Contracts to Minimize or Avoid Claims
Jason Ebe; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
Many claims that arise in design and construction may be mitigated or avoided as a result of prudent contract drafting at the outset of the project. This article provides practical tips for drafting contracts to minimize or avoid claims. These tips are applicable to design and construction...

 

HTMLArizona Supreme Court to Contractor: Sorry, but Equitable Subrogation Trumps Mechanics’ Lien Rights
Richard G. Erickson; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
The smoke has finally cleared in a hard and long-fought battle between lenders and owners on one side and the general contractor (Weitz Company, L.L.C., from here on referred to as Weitz) on the other side claiming priority on a Phoenix condominium project. The project, well-known as Summit at...

 


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