Construction

California Contractors Face New Diesel Fleet Regulations in 2024: CARB Compliance and Environmental Impact

Pieter Gunst02 mins

Construction contractors operating in California should be aware of upcoming changes to existing regulations. The California Air Resources Board (CARB) approved amendments to the In-Use Off-Road Diesel-Fueled Fleet regulations back in November 2022, which will take effect from January 1, 2024, inevitably impacting the state’s contractors. The amendments not only continue to enforce CARB compliance…

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DOE Proposes Categorical Exclusions: Streamlining NEPA Review for Energy Storage and Renewable Projects

Pieter Gunst03 mins

On November 16, 2023, the U.S. Department of Energy (DOE) announced a Notice of Proposed Rulemaking (NOPR) with the aim to amend its National Environmental Policy Act (NEPA) implementation regulations. Included in the proposed changes are the introduction of a categorical exclusion for specific energy storage systems, along with modifications to existing exclusions for the…

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China Expands Mosque Closures and Consolidation Efforts Beyond Xinjiang: Human Rights Watch Reveals

Pieter Gunst04 mins

According to Human Rights Watch, the Chinese government is broadening its mosque closure campaign beyond the widely condemned Xinjiang region, extending to northern Ningxia region and Gansu province. An area inhabited by significant populations of Hui Muslims, a distinct ethno-religious Chinese group numbering over 10 million individuals, both Ningxia and Gansu are witnessing an increase…

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Haiti Human Rights NGO Suspends Operations Amid Escalating Threats and Violence

Pieter Gunst03 mins

The Center for Analysis and Research in Human Rights (CARDH) announced on Thursday that they would temporarily suspend their operations in Haiti due to escalating threats against its staff. CARDH, operating in Haiti since 2008, has been steadily reducing its operations over recent months due to intensifying gang violence within the country’s capital, Port-au-Prince. Through…

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Statkraft Acquires Elecnor’s Enerfin for €1.8 Billion, Boosting Renewable Energy Ambitions

Pieter Gunst01 mins

Leading law firms, Herbert Smith Freehills and Pérez-Llorca, have played a significant role in a €1.8 billion transaction within the renewable energy sector. A Norwegian energy generator, Statkraft, has finalised an agreement to acquire the renewable business of the Spanish engineering and construction company, Elecnor Group. The business, named Enerfin, was purchased in a deal…

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NLRB’s Landmark Decision Revamps Representation Election Process: Implications for Union Recognition

Pieter Gunst02 mins

The National Labor Relations Board (NLRB) has shifted decades of precedent with a recent decision involving Cemex Construction Materials Pacific, LLC. The established process around representation elections has been significantly altered, delivering new mandates for employers responding to union demands for recognition. In the case of Cemex Construction Materials Pacific, LLC, the Board retired its…

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Federal Lawmakers Accelerate Examination and Regulation of Artificial Intelligence

Pieter Gunst02 mins

In a notable trend manifesting over the past few months, federal lawmakers have shown an increased interest in the examination and potential regulation of artificial intelligence (AI). Through a series of hearings and legislative proposals, legislators seem poised towards construction and implementation of comprehensive AI legislation. This newfound focus gains relevance in light of the…

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Ukraine Steps Up Anti-Corruption Efforts: Lawmakers Investigated Over Bribery Allegations

Pieter Gunst03 mins

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…

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Navigating Disputed Change Orders: Strategies for Construction Project Success

Pieter Gunst03 mins

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…

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European Real Estate Distressed Sales Surge amid Market Turbulence and Regulatory Challenges

Pieter Gunst02 mins

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…

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Construction Industry Challenges Latest Updates to Davis-Bacon Act Regulations

Pieter Gunst02 mins

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…

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Venetian Insights: Adapting Historic Practices for Enhanced Corporate Compliance

Pieter Gunst03 mins

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…

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California Court Ruling Redefines Eviction Procedures for Property Owners: The Implications of Lease vs. License Agreements

Pieter Gunst03 mins

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…

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Venice’s Innovative Approaches Offer Compliance Lessons for Modern Corporations

Pieter Gunst02 mins

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…

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Federal Circuit Ruling Shakes Up Claim Construction Conventions with Extrinsic Evidence Inclusion

Pieter Gunst03 mins

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…

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Federal Judge Rules North Dakota Legislative Redistricting Violates Voting Rights Act

Pieter Gunst04 mins

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…

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Ventura County Ordinance Upheld: Court Balances Wildlife Preservation and Mineral Resource Extraction

Pieter Gunst03 mins

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…

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Michigan Construction Contracts: Examining Potential Changes to “Pay-if-Paid” and “Pay-when-Paid” Clauses

Pieter Gunst02 mins

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,…

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FERC Increases Audits on Overhead Cost Allocation, Potentially Impacting Electric Utility Customers

Pieter Gunst03 mins

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…

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Year-End Contract Check-Ups: Why Construction Industry Professionals Should Reevaluate Their Agreements

Pieter Gunst03 mins

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…

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LA Mayor’s Executive Order Aims to Accelerate Housing Development: Legal Implications to Consider

Pieter Gunst04 mins

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…

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