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HTMLConstruction One-Minute Read: Carefully Crafting Internal Reports
Jonathan Mraunac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 22, 2016, previously published on November 30, 2016
Contractors often prepare internal investigative reports concerning situations that could lead to future litigation. Like most other internal business records, internal reports are discoverable in litigation. Once disclosed externally, an internal report can be damaging to the contractor’s...

 

Adobe PDFFixing the Problem - Not the Blame
Curtis W. Martin; Peckar & Abramson A Professional Corporation;
Legal Alert/Article
December 21, 2016, previously published on November 2016
Who is responsible for defective design under Texas law? The contractor, under Lonergan? The owner, under Spearin? A recent Fifth Circuit decision suggests that in some cases this might be the wrong question when design responsibility is disputed. The appellate court recently remanded a case back...

 

HTMLAttorneys Brian Tokarz and Matthew Fisher to Present to the National Business Institute on Construction Defect Insurance Coverage Issues
Matthew V. Fisher, Brian C. Tokarz; Meissner Tierney Fisher & Nichols S.C.;
Legal Alert/Article
December 7, 2016, previously published on November 2016
Join attorneys Brian Tokarz and Matthew Fisher for the National Business Institute’s video webcast on Monday, December 19, 2016 at 9:00 a.m. CST. The webcast, "Construction Defect Insurance Coverage Issues Demystified” will help all interested attorneys, insurance professionals,...

 

HTMLProject Labor Agreements in Public and Private Contracting
Jonathan R. Mayo; Smith, Currie & Hancock LLP;
Legal Alert/Article
November 29, 2016, previously published on November 2016
Finding and hiring qualified construction workers is a growing challenge for contractors across North America. One method of securing labor is through a Project Labor Agreement (PLA). A PLA is a pre-hire agreement between a project owner or contractor and one or more labor unions that establishes...

 

HTMLConstruction One-Minute Read: 4 Legal Issues With Building Information Modeling
Eric A. Berg, Jonathan Mraunac, Randolph E. Ruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 21, 2016, previously published on November 15, 2016
Building Information Modeling (BIM) is changing the way construction projects are delivered.

 

HTMLImpact of Amendments to Minnesota's Prompt Payment and Retainage Laws
Elizabeth S. Poeschl; Meagher & Geer, P.L.L.P.;
Legal Alert/Article
November 16, 2016, previously published on September/October 2016
On August 1, 2016, Minnesota's amendments to the prompt payment statute became effective. The amendments made two primary changes to the statute, which will impact the way all construction contracts are written.

 

HTMLThe Federal Contractor "Blacklisting" Regulations Are Temporarily Enjoined
Anne G. Bibeau, Dean T. Buckius, Arlene F. Klinedinst; Vandeventer Black LLP;
Legal Alert/Article
November 16, 2016, previously published on October 2016
The Associated Builders and Contractors of Southeast Texas and other trade associations scored a major victory on October 24, 2016, benefitting all federal contractors. In a lawsuit that the trade associations filed, the U.S. District Court for the Eastern District of Texas issued a nationwide...

 

HTMLCalifornia Court of Appeal Confirms the Power of Subcontractors' Bid Conditions
Daniel F. McLennon; Smith, Currie & Hancock LLP;
Legal Alert/Article
November 14, 2016, previously published on October 17, 2016
General contractor Flintco Pacific, Inc. (“Flintco”) bid to construct a new building at Diablo Valley College (“DVC”) in Pleasant Hills, California. TEC Management Consultants, Inc. (“TEC”) submitted a written bid to Flintco to perform glazing work for...

 

Adobe PDFCourt of Appeal Confirms the Power of Subcontractors’ Bid Conditions
Daniel F. McLennon; Smith, Currie & Hancock LLP;
Legal Alert/Article
November 11, 2016, previously published on October 20, 2016
General contractor Flintco Pacific, Inc. (“Flintco”) bid to construct a new building at Diablo Valley College (“DVC”) in Pleasant Hills, California. TEC Management Consultants, Inc. (“TEC”) submitted a written bid to Flintco to perform glazing work for...

 

HTMLFavorable Opinion Rendered in Iowa Mechanic's Lien Case
Jodie Clark McDougal; Davis, Brown, Koehn, Shors & Roberts, P.C.;
Legal Alert/Article
October 25, 2016, previously published on September 1, 2016
On Wednesday, August 31, the Iowa Court of Appeals rendered its opinion in the Standard Water mechanic’s lien case Jodie McDougal tried a few years ago, which involved an issue of first impression regarding Iowa’s new lien law.

 


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