Construction – Page 36 – Legal News Feed

JDSupra

OSHA Mandates Electronic Filing for High-Risk Industries: A Shift in Workplace Injury and Illness Reporting

Pieter Gunst3 years ago04 mins

Beginning on January 1, 2024, the Occupational Safety and Health Administration (OSHA) will enforce a new mandate requiring employers in select industries to commence electronic filing of their Form 300-Log of Work-Related Injuries and Illnesses, as well as Form 301-Injury and Illness Incident Report. This obligation will apply predominantly to employers within designated NAICS classification…

JDSupra

San Francisco Struggles to Meet State-Mandated Housing Production Goals Amid Crisis

Pieter Gunst3 years ago03 mins

The State of California is home to many bustling metropolises, San Francisco being one of the most prominent. However, the city is currently facing a challenge in one critical area: housing production. Recently, the governor’s office issued a report warning that San Francisco’s pace in meeting its state-mandated housing production goals is lagging. The report,…

JDSupra

Elevating International Transaction Compliance to Prevent Costly Investigations

Pieter Gunst3 years ago03 mins

As we delve into this eerily thought-provoking message by Foley & Lardner LLP this Halloween season, it becomes clear that effectively managing corporate risk involves a commitment to compliance, proactive oversight, and diligent attention. Their recent piece underscores the importance of these factors in managing potential hazards in the realm of international transactions. Based on…

JDSupra

Decoding the Davis-Bacon Act: Significant Regulatory Overhaul Impacts Federal Construction Contractors

Pieter Gunst3 years ago03 mins

It has been made known that the United States Department of Labor (“DOL”) issued a final rule updating regulations under the Davis-Bacon Act on August 23, 2023. This update is significant as it marks the first comprehensive alteration to the Davis-Bacon Act regulations in four decades. Contractors who are involved in federal construction projects will…

JDSupra

Federal Court Ruling on Finjan v. SonicWall Emphasizes Importance of Stipulated Claim Construction in IP Cases

Pieter Gunst3 years ago02 mins

The US Court of Appeals for the Federal Circuit recently made a crucial judgement in the case Finjan LLC v. SonicWall, Inc., Case No. 22-1048. The ruling established that claim interpretation, which naturally arises from the parties’ stipulated claim construction, is binding on the parties regardless of whether the interpretation reads preferred embodiments out of…

JDSupra

Precedent Set Against Speculative Damages in Cyntec v. Chilisin Electronics Case

Pieter Gunst3 years ago03 mins

In a recent legal ruling, the US Court of Appeals for the Federal Circuit upheld a district court’s claim construction and jury instructions, but notably reversed a premature judgment as a matter of law (JMOL) on the grounds of obviousness and due to an imprecise damages award. This was the case of Cyntec Company, Ltd….

JDSupra

Integrity Monitors: An Essential Resource for Transparent and Accountable Corporate Management

Pieter Gunst3 years ago03 mins

In an era where accountability and transparency in corporate operations have come into sharp focus, leveraging Integrity Monitors is becoming an increasingly prominent measure for corporations to safeguard their resources. The method, which has been most notably discussed in an engaging piece on JD Supra, involves the use of these external professionals to scrutinise and…

JDSupra

Federal Circuit Ruling Highlights Linguistic Nuances in Patent Law Interpretation

Pieter Gunst3 years ago03 mins

In a move that serves as a refreshing reminder of the importance of terminology in legal proceedings, the US Court of Appeals for the Federal Circuit recently overruled a claim construction that was instituted during an inter partes review (IPR). The ruling was made under the grounds that the Patent Trial & Appeal Board had…

JDSupra

Michigan’s Prevailing Wage Law Reinstatement: Impact on Labor Landscape and Legal Strategy

Pieter Gunst3 years ago02 mins

In a move that promises to shape the labor landscape in the near future, Michigan’s reaffirmed Prevailing Wage Law, reintroduced and signed into law by Governor Whitmer on March 24, 2023, is set to come into effect in March of 2024. The law, dubbed the “Act”, establishes a required wage for work on state-funded construction…

JDSupra

Construction Industry Cybersecurity: Top Considerations and Strategies for Protection

Pieter Gunst3 years ago03 mins

Addressing cybersecurity risks has become a priority for every sector, and the construction industry is no exception. As companies embrace technology to modernize and streamline operations, they also open the door to potential cybersecurity threats. This has been pointed out by a recent article on JDSupra, which emphasizes the unique characteristics of the construction industry…

JDSupra

Navigating Retainage Challenges on Alabama Public Projects: A Guide for Legal Professionals

Pieter Gunst3 years ago02 mins

For legal professionals working in construction law, dealing with retainage, especially on public projects, is a common challenge. In the state of Alabama, this issue can be particularly tricky. In a recent post by Bradley Arant Boult Cummings LLP, the aspects of retainage on public projects for public owners in Alabama are discussed, specifically for…

JDSupra

NLRB Simplifies Union Recognition Process, Accelerating Election Cycles

Pieter Gunst3 years ago02 mins

In what’s proving to be a significant policy update, the National Labor Relations Board (NLRB) has simplified the union recognition process and expedited election cycles. This development comes as a part of the NLRB’s ruling in the Cemex Construction Materials Pacific proceeding (372 NLRB No. 130). This latest ruling carries substantial weight as it overturns…

JDSupra

US Green Energy Tax Incentives Tied to Labor Mandates: Legal Implications and Compliance Challenges

Pieter Gunst3 years ago03 mins

Recent tax incentives for green energy construction projects in the U.S. have come with strings attached. The U.S. Department of the Treasury, along with the Internal Revenue Service (IRS), released some additional information including proposed rules for the key provisions within the Inflation Reduction Act (IRA) on August 29, 2023. The legal industry has seen…

JDSupra

Shaping the Future of Construction Law: Building Better Contracts in a Changing Landscape

Pieter Gunst3 years ago02 mins

Legal professionals with a stake in the construction sector should mark their calendars for December 8th, 2023. An upcoming hybrid event, titled “Building Better Construction Contracts,” is set to take the stage in New York City. The event promises to delve deep into the nuances of negotiating and drafting construction contracts, areas that despite their…

JDSupra

Patent Claim Amendments Under Scrutiny in Sisvel International v. Sierra Wireless Case

Pieter Gunst3 years ago02 mins

In one of the more recent disputes regarding patent validity, the case of Sisvel International S.A. v. Sierra Wireless, Inc. has brought up significant issues regarding claim construction and patent amendments. The case, which came about before the Federal Circuit in early September 2023, is primarily concerned with two patents asserted against wireless communications technologies….

The American Lawyer

Norton Rose Fulbright Appoints Nick Sharratt as Head of Middle East Dispute Resolution Practice

Pieter Gunst3 years ago03 mins

Norton Rose Fulbright has appointed a new partner in its Dubai branch. The new officer, Nick Sharratt, now heads the firm’s Middle East dispute resolution practice. Sharratt, who has amassed over a decade of experience in the region, previously served at Stephenson Harwood. His scope of practice broadly encompasses litigation, international arbitration, asset recovery, and…

JDSupra

West Virginia Supreme Court Provides Key Guidance on Contractual and Implied Indemnity Claims

Pieter Gunst3 years ago02 mins

In a noteworthy decision, the West Virginia Supreme Court of Appeals has offered guidance on contractual and implied indemnity claims. This is in context of a case involving a design engineer, WW Consultants, and Pocahontas County Public Service District (“Pocahontas County”). The details of the case relate to a wastewater treatment plant project that WW…

Bloomberg Law

Obama Presidential Center Faces Legal Battles Over Public Trust Doctrine

Pieter Gunst3 years ago03 mins

The future of the Obama Presidential Center in Chicago’s Jackson Park took center stage at the Seventh Circuit court recently. According to a report by Bloomberg Law, the center, construction of which started two years ago, is facing legal challenges from environmental groups contesting the land use agreement between the city and the Obama Foundation….

JDSupra

Navigating Lien Waivers: Enforceability and Implications for the Construction Sector

Pieter Gunst3 years ago02 mins

In the event of a construction dispute regarding payments made to your contractor, subcontractor, or supplier, it is critical to ensure that your lien waivers are enforceable in your jurisdiction. A lien waiver is defined as an agreement between a property owner and a contractor, a contractor and a subcontractor or supplier, and so forth….

JDSupra

Understanding the Spearin Doctrine: Managing Construction Risk and Legal Implications

Pieter Gunst3 years ago03 mins

In the realm of design-bid-build projects, the seasoned legal professionals among us will no doubt be familiar with the principle articulated in the landmark case of United States v. Spearin. This doctrine placed an onus on general contractors to establish their scope of work in harmony with the plans and specifications provided by the owner….

JDSupra

Wind Farm Case Dismissal Sets Stage for Contractual Liability Insights in Subcontractor Relationships

Pieter Gunst3 years ago02 mins

In a recent decision, a court upheld the dismissal of a subcontractor’s wrongful termination counterclaim associated with a 60-turbine wind farm project, further delineating provisions for the imminent trial on damages. According to an analysis by Bradley Arant Boult Cummings LLP, this matter stems back to a previous dispute under the header of Boldt v….

JDSupra

Construction Act 1996: Court Clarifies VAT Invoices’ Role in Final Payment Dates

Pieter Gunst3 years ago02 mins

In a recent decision in the case Lidl Great Britain Ltd v Closed Circuit Cooling Ltd (t/a 3CL) [2023] EWHC 2243 (TCC), the Technology and Construction Court (TCC) provided clarifications around statutory payment provisions in the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996). All construction contracts are required to comply with these…

JDSupra

Post-Cemex Ruling Era Sees First Bargaining Order Despite Employer Victory in Union Election

Pieter Gunst3 years ago03 mins

In a recent unexpected decision, a judge has issued the first post-Cemex bargaining order, despite the employer having won the union election. This decision, it seems, has been significantly influenced by the Cemex Construction Materials Pacific, LLC ruling, which has led to a dramatic alteration in the norm that used to dictate the issuance of…

Above the Law

Effective Strategies for Updating Law Firm Blog Posts: Revitalizing Content and Boosting SEO

Pieter Gunst3 years ago03 mins

Updating blog posts is an essential practice that law firms often overlook. By optimizing existing content, not only can a new lease of life be breathed into posts originally published years ago, but it also helps to improve SEO and maintain relevance in the digital landscape. Crucially, keeping content current can surpass the competition and…

JDSupra

Pennsylvania Court Upholds Statute Of Repose, Limiting Contractor Liability in Construction Defect Claims

Pieter Gunst3 years ago03 mins

In a significant ruling for Pennsylvania contractors, the court recently dismissed an attempt by a homeowner to extend the Statute of Repose. The case serves as a reminder of the sometimes complicated and long-lasting implications of construction defect claims. As a regular concern for contractors, it’s a scenario all too familiar: a party you haven’t…