The advancement of carbon capture and storage (CCS) projects often touted as a pivotal solution in the fight against climate change are facing immense challenges, as brought to light by the recent termination of a key Midwest project. The large-scale Heartland Greenway project was developed by Navigator CO2 Ventures, a company backed by several significant…
Investment and interest in engineered timber construction projects have been on the rise in recent years. This trend was underscored by the recent completion of the Ascent, a 25-story apartment building in Milwaukee, Wisconsin, which has now become the world’s tallest mass timber structure. (JD Supra) Legal professionals dealing with engineered timber contracts should be…
In Fall 2023, developments in labor law have shown some abnormal trends in the Third Department, according to recent legal documentation. On the typical route, there are various Labor Law decisions to report on. However, the most recent reporting timeframe has revealed only a single decision related to Labor Law construction case from the Third…
In a recent development, the Indiana Supreme Court declined to consider a landowner’s appeal in the case of State of Indiana v. The Market Place at State Road 37, LLC, et al., 22A-PL-2765 (May 17, 2023). This ruling underscores the continued lack of compensation for nearby road closures related to eminent domain proceedings in the…
The population of Florida has seen a significant surge in the past few years. Over 1,000 individuals are making the sunshine state their home each day, a development that’s increased housing demand, particularly in suburban and rural areas. However, the supply of affordable housing has not kept pace with this rapid growth, a problem that…
The Canada Energy Regulator (CER) has ordered the Trans Mountain Corporation to halt its oil pipeline expansion work in a wetland area near Abbotsford, British Columbia. This decision came after CER inspectors detected instances of environmental and safety non-compliance during their verification activity. In its Inspection Officer Order, the CER specifically noted that Trans Mountain…
In the continuously evolving legal landscape, artificial intelligence (AI) is gaining prominence as a tool in various sectors, and the world of contract drafting is no exception. Legal professionals are exploring the potential use of AI in drafting construction contracts, provoking a spectrum of opinions within the industry. Recently, attorney Mario R. Nicholas authored an…
In a recent move that signals a commitment to boosting the adoption of renewable energy, President Joe Biden announced a $1.3 billion federal investment. Aimed specifically at interstate power line construction, this new approach is set to overhaul the outdated electric grid that currently serves the United States. The investment’s primary goal, as reported by…
In a recent development, the Mississippi Commission on Environmental Quality and D.R. Horton, Inc., a notable subdivision developer operating in George County, Mississippi, signed an Agreed Order (AO) on September 20th. This order addresses an alleged violation of regulations concerning stormwater permitting, as stipulated by the Mississippi Code. The specifics of the AO, which is…
Florida’s Construction Lien Law, F.S. 713.001 et seq., is preparing to undergo significant amendments. Effective as of October 1, 2023, these revisions will impose several crucial changes about which contractors operating in the state ought to stay informed. The legislation has been comprehensively reviewed and revised by the legislative body in Florida. While the full…
For contractors operating in Florida, the recent amendment to the state’s Construction Lien Law (F.S. 713.001 et seq.) holds significance for their day-to-day operations. The changes went into effect on October 1, 2023, and they introduce some new complexities that contractors should be aware of. The changes were first highlighted in Issue 10 of The…
Legal professionals operating in the construction industry and related sectors understand just how integral contracts are to any project. One particular area that often receives significant scrutiny is the notice and claim procedures specified within the terms of these contracts. These procedures play a crucial role in ensuring that projects run smoothly, yet they can…
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…
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,…
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…
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…
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…
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….
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…
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…
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…
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…
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…
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…
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…