Ukraine’s National Anti-Corruption Bureau has recently launched investigations into two lawmakers who are alleged to be involved in corruption activities. The lawmakers are suspected of offering bribes to key reconstruction officials, announcing a further stepping-up of Ukraine’s ongoing efforts against corruption. In one case, a lawmaker allegedly offered officials bitcoins valued at $50,000. The bribe…
Change orders, inevitable in the lifecycle of a construction project, can create a significant challenge, even when the owner and contractor share mutual agreement on the scope, price, and time impact associated with the change. The difficulty amplifies when disagreements emerge, especially during the progression of the project. Such disputes may include the owner’s belief…
According to a recent report by JDSupra, there has been an increasingly concerning trend of distressed sales in Europe’s real estate sector. Long term industry decisions have been complicated by an abundance of issues which, when combined, mimic the tumultuous environment of the 2008 financial crisis. Challenges have emerged from persistently high interest rates and…
In August, a significant shift occurred in U.S legal landscape, one that hadn’t been seen in over four decades. The United States Department of Labor rolled out comprehensive updates to the Davis-Bacon and Related Acts, measures that took effect on October 23. The Davis-Bacon Act was originally passed in 1931 and along with its subsequent…
Organizations within the construction sector are challenging the Department of Labor’s (DOL) latest regulations implementing Davis-Bacon and Related Acts (DBRA), less than a month after the guidelines took effect. The new DBRA rules, currently under legal review in two federal courts, may indicate upcoming changes for those grappling with the fresh regulatory framework. Particularly, contractors…
The U.S. Department of the Treasury has put forth a notice of proposed rulemaking concerning four significant elements of the investment tax credit (ITC) under Section 48 of the Internal Revenue Code. We learn from JD Supra that this proposal includes changes to the definition of “energy property” that qualifies for the ITC, modifications to…
In a fascinating analysis, Thomas Fox – a prominent Compliance Evangelist, drew lessons about corporate compliance from Venice, one of earth’s most beautiful cities. His three-part blog post series and podcast series, available at JD Supra, explores the subject in depth, revealing striking parallels between this historic city’s evolution and innovative compliance strategies. Fox unveils…
In Castaic Studios, LLC v. Wonderland Studios LLC, the California Court of Appeal drew a significant distinction between lease and license agreements in regards to eviction procedures. The case set a precedent that when a property owner merely licenses their property to another party, they cannot use California’s summary eviction process, also known as unlawful…
In the rapidly evolving regulatory landscape, corporations and law firms alike are finding the need to innovate and adapt their compliance programs to deter potential liabilities and pitfalls. The power of basic approaches in simplifying these programs can produce substantive outcomes, like those demonstrated in the city of Venice. Thomas Fox, a Compliance Evangelist, is…
In most claim constructions, courts predominantly rely on intrinsic evidence – the claims, specification and prosecution history – to make their judgments. This is a common trend for legal professionals around the world. Nevertheless, on November 7th, 2023, the Federal Circuit (CAFC) took a different path, shaking up established conventions. These conventions hadn’t seen alterations…
In a remarkable step toward a stronger democracy, North Dakota’s 2021 legislative redistricting plan underwent a four-day trial which concluded with a U.S. federal judge ruling that it violates the Voting Rights Act of 1965 (VRA). The judgement issued deemed that the plan “dilutes” the voting power of Native American voters, significantly affecting their ability…
In a noteworthy legal development, the Second District Court of Appeal has upheld judgments denying writ petitions that aimed to annul a Ventura County ordinance. Said ordinance created unique wildlife migration corridor overlay zones over approximately 163,000 less-developed acres in Ventura County, a stretch that also included around 10,000 acres of classified mineral resources. This…
Much is at stake in the legal field as potential changes loom for “Pay-if-Paid” and “Pay-when-Paid” clauses in Michigan. Two commonly used, but fundamentally different clauses in construction contracts are under examination. These are important to understand for any general contractors and subcontractors operating in the state. The first on the docket, a “Pay-if-Paid” clause,…
Over recent years, the Federal Energy Regulatory Commission’s (FERC) Office of Enforcement (OE) has significantly increased the number of audits it carries out on how both electric utilities and interstate natural gas pipelines allocate overhead costs to construction projects. This increase in audits has the potential to lead to sizable refunds for customers utilizing electric…
In the constant churn of the construction industry, it’s critical for businesses to take stock of their contractual obligations regularly. As we transition from one year to the next, professionals working in this field should consider conducting a thorough ‘contract check up’, a strategy that is particularly relevant for ongoing, long-term projects. A useful advice…
Last Wednesday, Los Angeles Mayor Karen Bass took definitive action towards mitigating the city’s speeding housing problems. The mayor announced a new executive order that aims to reduce permitting time for housing by 25-30%. If effectively implemented, this move has substantial potential to escalate housing production significantly. This recent development, dubbed Sustainable Development and Land…
In a recent development in the Colorado’s legal landscape, the State’s Court of Appeals has further broadened the scope of its definition for “residential property” in relation to the Homeowner Protection Act (HPA). According to a report by Snell & Wilmer, this potentially has considerable implications, particularly for construction defect disputes and litigation. The Colorado…
In an intriguing turn of events, the US Court of Appeals for the Federal Circuit made a decision that has unnerved parts of the legal world. The Court deduced in Actelion Pharms. Ltd v. Mylan Pharms. Inc., Case No. 22-1889 (Fed. Cir. Nov. 6, 2023) that the constraint of “a pH of 13 or higher”…
In the Saiber Construction Law Column published in October/November 2023, the concept of ‘Spoliation of evidence’ is closely examined. This legal issue is a concern that every corporation, inclusive of law firms and other major corporations, needs to navigate with care. It is crucial to preserving the integrity of litigation practices and adhering to ethical…
The recently decided legal case has raised serious concerns about the lack of clarity in Alternative Dispute Resolution (ADR) procedures. The focus is particularly on main contract suites that offer standard dispute resolution clauses, but these are frequently amended in practice according to current needs and requirements. It is also notable how this matter was…
Notably, two recent precedential decisions of the Federal Circuit contribute to the understanding of the contours of claim construction. This information helps to define when intrinsic evidence alone can sufficiently determine claim meaning and when extrinsic evidence becomes a necessity. The examination and development of these two cases shed light on vital issues that will…
The United States has seen a surge of activity from key federal environmental regulators, notably from the Environmental Protection Agency (EPA), various federal departments, and the Council on Environmental Quality. Even the Department of Agriculture has grappled with the challenge of managing Greenhouse Gas (GHG) emissions within its remit over agricultural operations and national forests….
On November 9, 2023, the Indiana Department of Transportation (INDOT) pioneered the introduction of new delivery platforms for transportation infrastructure projects, successfully registering full attendance at their launch event in Indianapolis. The latest additions to the statutorily authorized pilot programs are Progressive Design-Build (PDB) and Construction Manager/General Contractor (CMGC) methods. These platforms, authorized by Indiana…
As a trustee, managing trust-owned real estate—whether commercial or residential—is fraught with challenges that are influenced by several factors. The location, value, and construction of the property all play a significant role in determining these challenges. The article Trustees and Real Estate: What You Should Know published on JD Supra provides a succinct and detailed…
In any construction project, risk and dispute management play pivotal roles. As outlined by Ankura, these aspects are not only crucial during crises but should intrinsically be incorporated throughout the lifecycle of a project to safeguard its success. The lifecycle of a construction project generally incorporates five phases, each with its unique challenges and opportunities…