Construction – Page 35 – Legal News Feed

JDSupra

Colorado Court of Appeals Broadens “Residential Property” Definition in Homeowner Protection Act: Implications for Construction Defect Litigation

Pieter Gunst3 years ago03 mins

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…

JDSupra

Navigating Patent Law: The Rising Significance of Extrinsic Evidence

Pieter Gunst3 years ago03 mins

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”…

JDSupra

Navigating the Legal Obligations and Ramifications of Spoliation of Evidence

Pieter Gunst3 years ago03 mins

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…

JDSupra

ADR Clarity in Focus: Recent Legal Case Spotlights Contract Pitfalls and Importance of Precision

Pieter Gunst3 years ago03 mins

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…

JDSupra

Federal Circuit Decisions Illuminate Claim Construction Boundaries in Patent Disputes

Pieter Gunst3 years ago02 mins

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…

JDSupra

Federal Environmental Regulators Ramp Up Efforts to Curb Greenhouse Gas Emissions

Pieter Gunst3 years ago03 mins

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….

JDSupra

INDOT Implements Progressive Design-Build and CMGC Methods to Improve Infrastructure Project Delivery

Pieter Gunst3 years ago03 mins

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…

JDSupra

Navigating Trust-Owned Real Estate: Challenges and Strategies for Trustees

Pieter Gunst3 years ago03 mins

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…

JDSupra

Navigating Risk and Dispute Management in Construction Project Lifecycles

Pieter Gunst3 years ago03 mins

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…

JDSupra

Utah Court of Appeals Expands Arbitration Possibilities for Third Parties in Contractual Disputes

Pieter Gunst3 years ago03 mins

In a recent development, the Utah Court of Appeals has shown a strong policy favouring arbitration that may permit third parties to enforce arbitration clauses, even without an express direct agreement between the involved entities. This policy has significant implications for several sectors, including the construction industry, characterized by intricate networks of contractual relationships involving…

JDSupra

GSA Invests $2 Billion in Low-Embodied Carbon Materials for Federal Construction Projects

Pieter Gunst3 years ago02 mins

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…

JDSupra

NGOs Challenge Nationwide Permit Interpretation for Carbon Dioxide Pipelines: Legal Implications and Climate Impact

Pieter Gunst3 years ago02 mins

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…

JDSupra

NLRB Ruling Eases Union Recognition, Employers Face New Labor Relations Landscape

Pieter Gunst3 years ago03 mins

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…

JDSupra

Scaffold Law in Focus: Examining the Nuances of New York Labor Law § 240 in Construction Injury Cases

Pieter Gunst3 years ago03 mins

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….

Law.com

PwC Australia Partner Exodus Continues Amid Industry Shift to Niche Law Firms

Pieter Gunst3 years ago01 mins

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…

JDSupra

Oregon Construction Industry: Navigating Key Legislative Changes for 2024

Pieter Gunst3 years ago03 mins

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…

The American Lawyer

PwC Australia Sees Exodus Continue as Partners Shift to Boutique Construction Firm

Pieter Gunst3 years ago02 mins

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,…

JDSupra

Federal Circuit Vacates Infringement Judgment in Actelion v. Mylan, Impacting ANDA Litigation

Pieter Gunst3 years ago03 mins

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…

JDSupra

Meta, Microsoft Unite with Google in Fight Against AI-Generated Political Ads

Pieter Gunst3 years ago03 mins

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,…

Jurist

Atlanta Police Deploy Tear Gas and Flash-Bang Grenades on Anti-‘Cop City’ Protesters

Pieter Gunst3 years ago03 mins

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,…

JDSupra

Navigating Contractual Claims and Unsigned Change Orders: Lessons from Cascade Civil Construction Case

Pieter Gunst3 years ago03 mins

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…

JDSupra

Navigating the 179D Deduction: Incentivizing Energy Efficiency in Commercial Construction

Pieter Gunst3 years ago03 mins

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…

JDSupra

Texas Homebuilders Face Shortened Statute of Repose: Impact on Residential Construction Legal Landscape

Pieter Gunst3 years ago02 mins

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…

Law.com

Litigation Finance Leader Burford Capital Expands into Promising Middle East Market

Pieter Gunst3 years ago02 mins

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…

JDSupra

Illinois Appellate Court Examines Contractual vs. Equitable Subrogation in Builder’s Risk Policy Case

Pieter Gunst3 years ago03 mins

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…