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HTMLPlay It Safe: Public Bidding Laws and P3s
Jonathan R. Mayo; Smith, Currie & Hancock LLP;
Legal Alert/Article
September 14, 2015, previously published on September 10, 2015
Public-Private Partnerships (“P3”) are a popular project delivery method for many state and local agencies across the nation. A key question that private parties interested in pursuing a P3 project should answer before diving in is whether the P3 procurement is subject to, and in...


Adobe PDFProposed Amendments to Chapter 558, Florida Statutes
K. Stefan Chin; Peckar & Abramson A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
The Associated General Contractors of America (“AGC”) will be seeking passage of a bill in 2015 which amends Chapter 558, Florida Statutes, Florida’s “Notice and Opportunity to Cure” statute.


Adobe PDFIt’s About Time: NY’s Public Authorities Law §1744 (2) Is Amended to Provide That A Notice Of Claim Must Be Filed After the Claim is Denied
Richard R. Volack, Charles E. Williams; Peckar & Abramson A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
For years, the New York City School Construction Authority has denied numerous contractors the opportunity to recover sums due and owing for work performed because they failed to file a formal notice of claim within 90 days of when their damages were ascertainable, even if they didn’t know...


HTMLThe 4th Circuit Expands Liability Under the False Claims Act
Edward T. DeLisle, Amy M. Kirby; Cohen Seglias Pallas Greenhall & Furman PC;
Legal Alert/Article
March 24, 2015, previously published on February 20, 2015
On January 8, 2015 the U.S. Court of Appeals for the Fourth Circuit issued a decision in United States v. Triple Canopy, which broadened the reach of the False Claims Act (FCA) by embracing the theory of implied certification. While it is too early to speculate about the impact of the decision, it...


HTMLA Bridge Over Deregulated Waters: The New Navigation Protection Act
Jordanna Cytrynbaum, Miriam Isman; McCarthy Tétrault LLP;
Legal Alert/Article
November 28, 2014, previously published on November 17, 2014
On 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...


HTMLConditional Building Permits: A Very Useful Tool
Michael Foderick; McCarthy Tétrault LLP;
Legal Alert/Article
November 11, 2014, previously published on October 20, 2014
There 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,...


HTMLCalifornia Appellate Court Rules That California’s Prevailing Wage Laws Do Not Apply to Off-Site Fabrication
Robert R. Roginson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 26, 2014, previously published on September 19, 2014
On August 27, 2014, the California Court of Appeal issued its decision in the long-anticipated Russ-Will case, Sheet Metal Workers’ International Association, Local 104 v. Duncan; Russ Will Mechanical, Inc., Court of Appeal of the State of California, First Appellate District, Division Three,...


HTMLNew Building Bylaw: No More Door Knobs
Conrad Rego; McCarthy Tétrault LLP;
Legal Alert/Article
September 18, 2014, previously published on September 15, 2014
In September, 2013, Vancouver City Council approved a new 2014 City of Vancouver Building Bylaw. According to the City, the 2014 Building Bylaw 10908, which covers detached houses and low-rise residential buildings, brings about changes to the current Building Bylaw 9419 to support housing for...


HTMLFederal OSHA Proposes to Take Over Enforcement of Construction Standards in Arizona
Christopher M. Pastore; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 11, 2014, previously published on September 4, 2014
On August 21, 2014, the federal Occupational Safety and Health Administration (OSHA) proposed to revoke its approval of Arizona’s state occupational health and safety plan with respect to construction. If OSHA follows through on this proposal, Arizona employers that are engaged in...


HTMLMontgomery County Considers Adoption of Amended Version of 2012 International Green Construction Code
Stuart R. Barr; Lerch Early Brewer Chartered;
Legal Alert/Article
September 5, 2014, previously published on September 2, 2014
Montgomery County now is proposing to do what the state of Maryland did in March 2011 ¿ adopt the International Green Construction Code (IgCC). The IgCC is a model code created by the International Code Council that provides minimum requirements to safeguard the environment, public health,...


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