The U.S. General Services Administration (GSA) recently revealed a $2 billion investment designed to fund federal construction projects across the United States that will utilize low-embodied carbon (LEC) materials. This noteworthy investment will be distributed against more than 150 construction projects, spanning 39 states, as well as the District of Columbia and Puerto Rico. As…
In an evolving legal situation, a petition lodged by non-governmental organizations (NGOs) with the Army Corps of Engineers has raised serious questions about the interpretation of a Nationwide Permit. As covered by Law 360, NGOs are challenging the usage of the permit for the construction of pipelines that would transport carbon dioxide from its generation…
In a crucial turning point for employers and labor relations, the National Labor Relations Board (NLRB) has taken a significant step that could render unionizing a company an easier task. Reevaluating its earlier precedents, the NLRB has embraced a new approach in the case of Cemex Construction Materials Pacific, NLRB Case No. 28-CA-230115, 327 NLRB…
In a recent construction-related injury case, a nuanced understanding of Labor Law § 240 was applied by the New York Supreme Court. This case, Arizaga v. Lex Gardens II TP4 Hous. Dev. Fund Co., Inc., revolved around a carpenter falling from a poorly secured scaffold, which highlighted the potential hazards present in the construction industry….
In an ongoing story, PwC Australia appears to be experiencing a wave of departures, with two more partners recently electing to leave the firm. These exits are part of an apparent trend that started after PwC’s noteworthy tax scandal. Since then, a total of nine Australian partners have reportedly chosen to part ways with the…
The close of 2023 brings significant legislative changes in Oregon that are set to impact the construction industry in the coming year, a crucial development given the industry’s pivotal role in the state’s economy. A review of the changes reveals shifts that corporations, law firms, and associated professionals need to navigate to ensure compliance and…
In a continued pattern of departures, two partners have left PwC Australia for a boutique construction firm. This follows the exit of nine other partners since the firm’s tax scandal came to light. With an already tarnished reputation, PwC Australia is undergoing significant changes in its partnership. While the reasons behind these departures remain unclear,…
In an enlightening precedential opinion, the Court of Appeals for the Federal Circuit vacated an infringement judgement against Mylan, a significant decision in the case Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., No. 2022-1889, Fed. Cir. Nov. 6, 2023. In specific, this court judgment engages with Abbreviated New Drug Application (ANDA) litigation, making it particularly…
Tech giants Meta and Microsoft have initiated their efforts to increase transparency in the realm of political advertising, joining Google in the fight against AI-generated content reported by JD Supra. The definition of this digitally manipulated content covers a broad spectrum, including “social issue, election, or political” advertisements that have been “digitally created or altered,…
Atlanta police reportedly used tear gas and flash-bang grenades to disperse anti-‘Cop City’ protestors on Monday. The demonstrators were urging the city to halt the construction of a new police training center. The use of force by the police was caught in aerial footage from local news station WGXA News. In support of the cause,…
In recent years within the construction law sector, the interaction of contractual claims procedures, unsigned change orders, and differed directions have become particularly pivotal points of interest. A recent case from the Washington Court of Appeals, Cascade Civil Construction, LLC v. Jackson Dean Construction presents a notable incidence JD Supra reports. The case serves as…
For legal professionals maneuvering the complexities of tax law pertinent to the construction industry, the 179D deduction for new energy-efficient commercial buildings is a critical section to grasp. This tax provision allows for a significant deduction, correlating directly with the cost of energy-efficient commercial building property (EECBP) that is placed in service during the taxable…
In a landmark move, the Texas Legislature has passed changes to Chapter 27 of the Texas Property Code, also known as the Residential Construction Liability Act (RCLA), drawing much attention from residential constructors. But what has not gained as much notoriety yet, is how the legislature has also amended Chapter 16 of the Texas Civil…
In a strategic move, litigation finance giant Burford Capital announced its expansion into the Middle East with the opening of its first office in the region in February. The company, a front-runner in the litigation financing industry, saw this as an opportune moment to strengthen its standing in the region and to ride on the…
In a recent case, Zurich Am. Ins. Co. v. Infrastructure Eng’g. Inc., 2023 Ill. App. LEXIS 383, the Appellate Court of Illinois, First District was forced to consider the interplay and tensions between contractual and equitable rights of subrogation, an issue of great interest to insurers, underwriters and legal practitioners alike. The case emerged from…
Today’s construction industry faces numerous hurdles, with one of the most prevalent issues being claims linked to a loss of productivity. This issue has taken center stage over the last few years, driven by factors such as labor shortages, material shortages, and rapid changes in the economic landscape and supply chain problems. As a result,…
Expect an uptick in litigation at the National Labor Relations Board (NLRB) as companies prepare for unions leveraging a newly lowered standard for securing a bargaining order, catalyzed by the board’s latest Cemex doctrine. This development soundtracks a potential rise in companies hit with bargaining orders due to their failure in recognizing a union or…
Following years of sporadic activity in the Middle East, Burford Capital, one of the world’s largest litigation funders, decided to establish a more localized presence, opening its first office in the region. Dan Hall, co-head of EMEA and co-head of asset recovery in Dubai, relocated to the UAE with a keen focus on emerging opportunities…
Offshoring has become an attractive labor option for US design firms as it addresses two significant issues: the domestic labor shortage and wage inflation. However, US jurisdictions are now increasingly adopting laws and policies to limit the use of offshore talent, particularly for large, publicly funded projects that these design firms often rely on for…
On August 7, 2023, in the case of Axonics, Inc. v. Medtronic, Inc. (Nos. 2022-1532, 2022-1533), the Federal Circuit Court addressed an pivotal issue concerning the ability of a petitioner in an IPR (Inter Partes Review) to present new evidence in a reply brief. This becomes particularly significant when the patent owner proposes a new…
In a recent development, the Federal Circuit has chosen to vacate the Patent Trial and Appeal Board’s (PTAB) decision based on what they deemed to be an overly narrow claim construction. The matter in focus was Apple Inc. v. Corephotonics, LTD., a case that presented two key decisions to analyze. The first issue at hand…
The United States Department of Labor (DOL) issued a transformative final rule updating regulations under the Davis-Bacon Act on August 23, 2023. Significantly, this revision represents the department’s inaugural comprehensive reform to the Davis-Bacon Act regulations in an expansive span of four decades. This update will carry significant implications for contractors engaged in federal construction…
In a recent development, the New Engineering Contract (NEC) has produced a practice note that elucidates how the NEC4 Engineering and Construction Contract (ECC) can be adapted for use as an engineering procurement and construction (EPC) contract (JD Supra) . EPC contracts are renowned for their established position in the construction and engineering industry due…
In a move stirring considerable discussion among legal professionals, North Carolina has recently implemented noteworthy modifications to its law regarding the recovery of attorneys’ fees in construction lien and payment bond disputes. Generally speaking, these legal disputes typically arise from construction projects and frequently involve lien claims or payment bond claims. This is particularly true…
In a significant development in Ohio law, a recent decision made by the First District Court of Appeals, in the case of Breazeale v. Infrastructure & Development Engineering, Inc. (Appeal No. C-230172), has held firm restrictions on the time frame for pressing negligence claims against design professionals. As reported, the discovery rule conventionally indicates that…