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HTMLEnd of the Road: The Supreme Court of Canada Denies Leave to Appeal in Iona Contractors Ltd. v Guarantee Company of North America
James W. MacLellan, Richard H. Shaban; Borden Ladner Gervais LLP;
Legal Alert/Article
May 10, 2016, previously published on April 14, 2016
The Supreme Court of Canada today released its highly anticipated decision in Iona Contractors Ltd. v Guarantee Company of North America, 2015 ABCA 240 dismissing the application for leave to appeal by the Trustee in Bankruptcy (the "Trustee") of the bankrupt, Iona Contractors Inc....

 

HTMLCorpus Christi Liquefaction Files Construction Progress Report
Sutherland Asbill Brennan LLP;
Legal Alert/Article
April 22, 2016, previously published on April 21, 2016
Corpus Christi Liquefaction has filed a report with FERC covering construction through March 2016 at its liquefaction and LNG export terminal at Corpus Christi, Texas. The report states that engineering has progressed to 97.1%, procurement has progressed to 46.0%, and Bechtel’s direct hire...

 

HTMLThe Pennsylvania Supreme and Superior Courts Clarify the “Retained Control” Exception to General Rule of Landowner’s Nonliability for Independent Contractors
Michael A. Karaffa; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 23, 2016, previously published on March 1, 2016
Pennsylvania has long embraced the general rule that a landowner who engages an independent contractor is not liable for the independent contractor’s negligence. Plaintiffs can get around the rule, however, if the landowner kept sufficient control over the worksite under the “retained...

 

HTMLAppeals Court Rules GC Has “Reasonable Cause” to Withhold Payment
Kari Kiki Bergeron; Taylor, Porter, Brooks & Phillips, L.L.P.;
Legal Alert/Article
March 21, 2016, previously published on March 14, 2016
After the Eastern District of Louisiana ruled that General Contractor Woodrow Wilson Construction Co. Inc., hired to build a New Orleans elementary school, owed penalties and attorney’s fees to its subcontractor, Fisk Electric Co., over withholding payments to it, the United States Court of...

 

HTMLBeware: New Rigorous Safety Sweeps of NYC Construction Sites to Begin
George E. Pallas, Carol A. Sigmond; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
March 9, 2016, previously published on February 15, 2016
On February 12, 2016, New York City Mayor Bill de Blasio and New York City Department of Buildings Commissioner Rick Chandler announced a new aggressive campaign to improve worker safety on construction sites. Specifically, commencing tomorrow, Tuesday February 16, rigorous safety sweeps of...

 

HTMLTemporary Staffing Agencies May Require Contractor Licensure, Depending Upon Project Location, and the Answer in Virginia Remains Unclear
Gretchen M. Ostroff; Vandeventer Black LLP;
Legal Alert/Article
February 24, 2016, previously published on February 1, 2016
Virginia’s contractor licensing requirements do not specifically address licensure of temporary staffing agencies; but several other states with similar licensing requirements have held that temporary staffing agencies must be licensed as contractors if they supply laborers to construction...

 

HTMLThe Effect of the New Virginia Department of Labor Initiative to Prevent Worker Misclassification on the Use of Temporary Labor in Construction
Gretchen M. Ostroff; Vandeventer Black LLP;
Legal Alert/Article
February 24, 2016, previously published on February 1, 2016
Virginia law is unclear, but temporary staffing agencies may require contractor licensure from DPOR. In other states with similar laws, courts have held that temporary staffing agencies must be licensed as contractors if they supply laborers to construction projects. If temporary staffing agencies...

 

HTMLThe Enforceability of "Evergreen Clauses"
Andrew C. Voorhees; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 24, 2016, previously published on February 11, 2016
An increasing presence in contractual transactions is the automatic renewal clause known as the "Evergreen Clause." An Evergreen Clause allows for an agreement to continue for a defined period if the existing agreement is not renegotiated or properly cancelled within a specified time....

 

HTMLProposals for Settlement and the New Breed of Strict Construction
Kathryn L. Ender; Cole, Scott & Kissane, P.A.;
Legal Alert/Article
February 17, 2016, previously published on February 2, 2016
Proposals for settlement have become common-place in litigation as a strategic means to engage settlement, and as a feeshifting mechanism in the event settlement reaches impasse. Florida Rule of Civil Procedure 1.442 governs the content of proposals for settlement. Although a rule of procedure, the...

 

HTMLFERC Releases Environmental Assessment for Cameron LNG Trains 5 and 6
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 15, 2016, previously published on February 12, 2016
FERC has released its Environmental Assessment Report (EA) for Cameron LNG’s proposal to construct two additional liquefaction trains, Trains 5 and 6, at its LNG export terminal under construction near Hackberry, La. The EA concludes that, with recommended mitigation measures, construction of...

 


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