In an intriguing development for practitioners in the legal and accountancy sectors, the United States Court of Appeals for the Tenth Circuit, applying Oklahoma law, has made a firm decision marking a significant moment for Wiley’s client, an accounting firm. The court of appeal concluded that a lawsuit alleging negligence in connection with three successive…
With the complex nature of construction disputes that escalate to international arbitration, the early integration of independent forensic analyses can play a key role in constructing robust case strategies. A recent article by J.S. Held on JD Supra dives into the various independent analyses that experts perform and how these analyses can ideally be incorporated…
The ongoing struggle between energy giant Iberdrola and a collection of lenders over the damages related to a power plant construction contract in Massachusetts took a noteworthy turn this July. On July 13, 2023, a New York intermediate appellate court upheld Iberdrola’s right to continue with almost all of its claims against these lenders. The…
The inaugural Knowledge Management & Innovation for Legal Conference (KM&I) may have been a new event, but it carried the legacy of the ARK Group’s annual KM conference in New York City. The previous conference was led for eight years by Patrick DiDomenico, president, and founder of InspireKM Consulting. Co-chairing with him was Joshua Fireman,…
Recent developments in the real estate and construction industries demonstrate how the sector is rapidly changing and adapting to new technologies and market conditions. Top among these developments is tech-company Zillow’s new pilot program. No details have been disclosed as of yet on the specific nature of the program or its projected impact on the…
Regina A. Pearson is the newest shareholder for the energy and natural resources practice of Greenberg Traurig, based in Austin, Texas. The official announcement was made by the firm earlier this week, marking a significant addition to their growing team. Bloomberg Law reported on this appointment. With a strong background in project development, Pearson’s specialty…
In a recent installment on motherhood in the legal profession, lawyer, wife and mother Kate Landis shared her experiences of being the financial backbone for her family while working in a high-pressure legal job. She confessed that the feat was not possible without her husband, who opted out of his career to support hers and…
In a recent development in the legal framework surrounding environmental concerns, the Supreme Court, Appellate Division, Second Department, New York took up a significant case dealing with issues arising out of a sewer contractor’s discovery of contaminated soil during the installation of a box storm sewer. The case is Bedford-Carp Construction, Inc. v. Brooklyn Union…
Among the most recent legal developments is the introduction of the new Civil Transactions Law, or more broadly referred to as the “KSA Civil Code,” in the Kingdom of Saudi Arabia. This intricate piece of legislation features several key provisions that are particularly pertinent to the formation of contracts. To deliver a thorough understanding of…
In a continuing saga of legal challenges and triumphs, a major offshore wind energy project in the United States, aptly named the Vineyard Wind Project, has once again stood firm against opposition. The Vineyard Wind Project is currently under construction off the coast of Massachusetts and bears the distinction of being the first modern utility-scale…
The 3rd Annual Construction Forum, organized by Procopio, Cory, Hargreaves & Savitch LLP, is set to happen on the 15th of November, from 10:00 am to 4:00 pm PT. This complimentary virtual event is dedicated to some of the most pressing issues in California construction law, that contractors, developers, and owners are currently facing. Procopio’s…
In a recent legal development, a Minnesota federal court dismissed a case involving a tunneling contractor’s alleged differing site condition, on the grounds of an untimely notice. According to details from the case, Engineering & Construction Innovations Inc. took legal action against Bradshaw Construction Corp (ECI v. BCC). The crux of the legal matter lay…
The United States Department of Labor (DOL) recently issued a final rule updating the regulations under the Davis-Bacon Act. The update, issued on August 23, 2023, represents the DOL’s first comprehensive revision of these regulations in four decades. Considering the significance of these developments, a detailed comprehension and application of the new rules stands essential,…
On October 6, 2023, the Fourth District Court of Appeal (Division 3) certified for publication a judgment that exemplifies nuances of the California Environment Quality Act (CEQA). This court ruling positively affirms the trial court’s judgment, denying a CEQA writ petition, which contested the City of Laguna Beach’s decision that the Guidelines’ Class 31 categorical…
Developers in Virginia should stay current with recent changes to the state’s stormwater construction permitting program, with further amendments anticipated in the impending months. This increased attention to permitting regulations and procedures aims to facilitate a more efficient process and timely-issued permits. The information was shared by law firm, Husch Blackwell LLP, in a recent…
The upcoming Construction Law Seminar, set to take place in Phoenix, AZ, from January 17th to 19th, will delve into the rapidly changing landscape of the construction industry. As detailed on JD Supra, the seminar anticipates how industry players can address novel challenges at every stage of the building process. The discourse will go beyond…
The New York City Department of Finance has communicated its readiness to accept renewals for the fiscal year 2024-2025 under the Industrial Commercial Incentive Program (ICIP) and the Industrial Commercial Abatement Program (ICAP). Due by January 5, 2024, these important filings maintain real estate benefits accruing under the programs. Notably, these properties must provide a…
In an aim to ameliorate the housing crisis, Governor Newsom enacted the SB 4 bill, the Affordable Housing on Faith Lands Act, also referred to as “Yes in God’s Back Yard” (YIGBY), on October 11, 2023. The enactment of this housing bill promises substantial impact on the provision of affordable housing in 2023. The bill,…
After accidents, be it on the highways or within the construction zones, ensuring a swift and accurate response becomes crucial. This response starts with how claims handlers, legal counsel, and safety managers approach their investigations into the incident. It is, more often than not, observed that the details of collisions involving commercial motor vehicle drivers…
In a recent Florida district court case, American Auto. Ins. Co. v. FDH Infrastructure Servs., LLC, the court clarified a persistent ambiguity regarding the applicable statute of limitations for construction-related professional negligence claims against design professionals. Previously, there has been considerable dispute and uncertainty over whether the two-year or four-year limitation periods apply under the…
The upcoming ‘National Construction Defect Conference,’ slated for November 9th to 10th in New Orleans, LA, offers an influential platform for industry professionals and legal practitioners worldwide specializing in construction defect litigation. Organized by Perrin Conferences, LLC, this annual gathering fosters significant collaborative opportunities within this niche legal community. According to details provided on JD…
The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has recently expanded its Mega Construction Project Program (MCPP) by incorporating 12 additional projects, as reported by JDSupra. Designed to promote equal opportunities within the construction industry, the MCPP encourages federal contractors to actively recruit and hire individuals from underrepresented demographics. The MCPP was…
In a stark reversal, the Biden administration announced changes to its border wall strategy last week. According to the latest updates, it’s evident that they are planning to work on the border wall construction project that was initially brought to life during Trump’s tenure. The current administration has admitted that it was unable to redirect…
As the legal confluence of corporate and agricultural sectors continues to present unique challenges, one issue has emerged as particularly salient: the increasing frequency of unauthorized persons entering farmland. This issue spans across a broad spectrum of unauthorized individuals and groups, from media news teams and environmental activists, to animal rights advocates and protesters. Reported…
Recent historic rainfall and flooding in Massachusetts has brought stormwater management sharply into focus, revealing it as a significant source of water pollution in the Commonwealth. This presents crucial legal responsibilities for owners and operators of commercial and industrial facilities, as well as for land developers and construction contractors. With this in mind, it’s key…