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|EPA Proposes to Delete Reference to Superseded 2005 ASTM Standard from “All Appropriate Inquiry” Rule|
Christopher P. McCormack; Pullman & Comley, LLC;
July 4, 2014On June 17, 2014, the United States Environmental Protection Agency published a proposal to delete reference to the 2005 version of the ASTM Phase I environmental site assessment standard from the federal “all appropriate inquiry” rule. This proposal would resolve a widely-criticized...
|Will Your Independent Contractors Come Back to Haunt You? Illinois Supreme Court Upholds the Illinois Employee Classification Act|
Joseph F. Spitzzeri; Johnson & Bell, Ltd.;
June 17, 2014, previously published on June 2014On May 27, 2014 the Illinois Supreme Court issued a modified opinion in Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). The case involved constitutional challenges to the Illinois Employee Classification Act, 820 ILCS 185/1 et seq. The opinion should give pause to any company employing independent...
|No Lawsuit for You! When Subcontractors Cannot Sue the General Contractor|
Kevin M. Eddy; Spilman Thomas & Battle, PLLC;
June 6, 2014, previously published on May 27, 2014Can a subcontractor sue a general contractor over a work site accident? A recent decision by the Pennsylvania Supreme Court loudly and clearly said, "NO." Why not? The court ruled in Patton v. Worthington Associations, Inc. that Pennsylvania’s long-standing “statutory...
|"Excusable Neglect" is a Real Standard Requiring Real Evidence|
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
May 30, 2014, previously published on May 12, 2014In Garcia v. Ball, Plaintiff Garcia obtained a $522,400 default judgment against Defendant Ball. Plaintiff filed his petition for damages in excess of $75,000 on May 5, 2011 and served defendant on May 17. On July 7, plaintiff sent notice that in the event of default, plaintiff would seek judgment...
|Statutes of Limitation - When Does the Clock Start to Tick?|
Emily L. Kahn; Bernstein Shur;
May 27, 2014, previously published on May 22, 2014A case issued in mid-April from the Michigan Supreme Court demonstrates that determining when a statute of limitations starts to run may not be as clear as one would expect. In Miller-Davis Company v. Ahrens Construction, Inc., a general contractor brought an action against a subcontractor for...
|PA Supreme Court Decides Bricklayers Case: Unions No Longer Have Mechanics' Lien Rights in Pennsylvania|
Lori Wisniewski Azzara, Jason A. Copley; Cohen Seglias Pallas Greenhall & Furman PC;
May 2, 2014, previously published on April 25, 2014As we first reported back in January of 2012, the Pennsylvania Superior Court issued a decision in Bricklayers of Western Pennsylvania Combined Funds v. Scott’s Development Co. that significantly changed the meaning of the Pennsylvania Mechanics’ Lien Law. In its decision, the Superior...
|Iowa Supreme Court Rules for Contractors in Homeowners Association Dispute with Subcontractors|
Jeffrey D. Stone; Whitfield & Eddy, P.L.C.;
April 15, 2014, previously published on April 14, 2014The construction industry can claim another victory in its ongoing effort to avoid claims by homeowners who sue companies with whom they had no contractual relationship. The Court ruled in favor of the contractors under an established doctrine of law that businesses in Iowa have relied on for over...
|Compelling Contract Payments from a Public Entity: What Happens When It Spends Your Money Elsewhere?|
Jacob E. Roussel; Breazeale, Sachse & Wilson, L.L.P.;
April 11, 2014, previously published on April 1, 2014All too often contractors encounter disputes with public owners regarding the release of progress payments and final payments. But what happens when it is determined that payment is due to the contractor and the owner replies “too bad” or “we already spent our budgeted money...
|Messy Solar Construction Litigation Sheds a Little Light on the Intersection of New Jersey Lien Statutes and Public Private Partnership|
Daniel E. Fierstein, Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
April 1, 2014, previously published on March 31, 2014A recent case before the Appellate Division of the Superior Court of New Jersey (Morris County Improvement Authority and Somerset County Improvement Authority v. Power Partners Mastec, LLC) involving solar construction has shed light (pun intended) on the complications associated with projects that...
|Supreme Court Enforces Forum Selection Clause In Construction Cases - Don’t End Up Somewhere You Don’t Want To Be!|
Asha Echeverria; Bernstein Shur;
February 5, 2014, previously published on January 30, 2014When does a Maine subcontractor have to litigate a dispute over a Maine project with a Utah general contractor in Utah? When it contractually agrees to do so. On December 3, 2013, the United States Supreme Court unanimously ruled that a forum selection clause was valid and enforceable in the...