The Sunshine State has been making legal headlines again with the introduction of Florida Senate Bill 102, colloquially known as the Live Local Act. The Act is designed to promote certain types of development by offering substantial ad valorem tax exemptions, in a push to encourage the construction of more middle-income housing. Under the Act,…
The expansive landscape of construction law continues to be a dynamic focus of legal expertise, given its multifaceted nexus with an array of other legal realms such as commercial law, contract law, employment law, environmental law, personal injury claims, property law, and regulatory claims. The structure of the law in this field is broadly influenced…
In a pivotal move, a hike in the minimum wage for workers associated with federal contracts will be taking effect from January 1, 2024. The DOL (Department of Labor) has announced an increase from $16.20 to $17.20 per hour. The significant adjustment, which will mark the second consecutive year of augmenting the minimum wage, will…
Today, exploiting natural resources, manufacturing products, and growing food in space is becoming more plausible. Though these concepts were once solely confined to the realms of science fiction, advancements in science, technology, and engineering have since transformed them into concrete possibilities. However, such future-oriented activities bring forth a fresh set of challenges, primarily centered on…
The New York labor law § 241(6) clearly delineates that property owners and general contractors are duty-bound to provide timely and crucial safety measures to workers engaged in construction, excavation, or demolition tasks. This law is regulated and enforced by part 23 of Title 12 of the New York Codes, Rules and Regulations (NYCRR), often…
When the Fifth Amendment to the US Constitution is discussed, it is often referred to in the context of criminal procedures. However, an understated aspect of this amendment, the takings clause, provides a crucial constitutional protection for property owners. This comes into effect when the government, for whatever purpose, infringes upon an individual’s property rights….
Estate planning often encompasses more than just foreseeable processes and situations during one’s lifetime. A growing reality, that many might not be cognizant of, is that your executor, trustee, and beneficiaries can implement actions after your death to realize the most productive outcome from your testamentary plan. This approach involves the construction of the estate…
In current times of rising interest rates and inflation, some buyers of condominiums offered in the pre-sale (or pre-construction) phase are experiencing potential buyer’s remorse as the closing date for their apartment purchase approaches. More often than not, they have signed a purchase agreement years in advance while the economic situation was different. According to…
In Florida, commercial landlords need to understand their potential vulnerabilities around tenant construction liens. This risk extends to contractors performing work for their tenants, which could inadvertently result in the landlord’s land and building being subjected to liens. The changing economic climate has led to a high turnover of commercial buildings, often leaving new owners…
In a significant turn of events, Minnesota-based TKO Construction Services faces allegations of sex, race, and age discrimination, as well as constructive discharge, as brought forth by the U.S. Equal Employment Opportunity Commission (EEOC). According to the lawsuit, the EEOC charges that the construction company contravened federal law by discriminating against a class of individuals….
The rules governing third-party beneficiary rights are notably complex, especially within the context of major construction projects. In these endeavors, multiple contractors, subcontractors, vendors, suppliers, or sub-subcontractors may be working simultaneously, making the probability of potential interferences or breaches high. This complexity often results in substantial legal uncertainty. To further explore this situation, let us…
In our continuing coverage of legal developments in the construction industry, we turn our spotlight onto the September issue of “The Site Report – Construction Law Insights“. The focus of this edition is on the growing trend of preconstruction taking center stage in projects. The trend has been sparked by a demand for increased communication…
In a swift ruling, a judge has compelled a cannabis company to acknowledge and negotiate with a labor union following the seminal “Cemex” decision. This development signals a potential shift in how companies manage union organization efforts. Hinging on the National Labor Relation Board’s (“NLRB”) decision in the Cemex Construction Materials Pacific, LLC case(327 NLRB…
In the past year, interpretations related to the application of the coastwise laws to the developing offshore wind industry in the United States have shed light on how the construction and operation of offshore wind farms will progress. The US coastwise laws, which place restrictions on the transportation of merchandise and passengers, as well as…
In 2023, a significant legal shift occurred altering the landscape for contractors and subcontractors active in the construction industry in DC. The Private Contractor and Subcontractor Prompt Payment Act of 20131, commonly referred to as the Act, was amended to offer additional protections to subcontractors engaged in private projects. A significant change was the limitation…
The traditionally male-dominated construction industry has encountered significant challenges in attracting women to its workforce, according to a recent article published on JD Supra. Despite the high labor demands and lucrative benefits associated with the construction sector, there are significant gender barriers in place that deter female participation. The national construction industry trade association, Associated…
In a recent development within the renewable energy sector, ACKRat – an acronym that denotes ‘Nantucket Residents Against Turbines’ – has petitioned the First Circuit Court of Appeals with a filature against the ongoing Vineyard Wind Project. The group charges federal agencies with what it deems an “arbitrary and capricious” approval of the project, alleging…
In these times of heightened interest rates and inflation, certain purchasers of pre-sale or pre-construction condominiums may well be wrestling with buyer’s remorse as the closing date looms closer. The regret can be even stronger for those who may have signed contracts of purchase and sale several years previously, during a different economic climate. According…
In the legal world, particularly contract law, the term ‘standard’ often incites a sense of security, predictability, and familiarity. Yet, an article recently published on JD Supra rightly advises industry professionals to be wary of ‘standard’ contract terms cautioning that ‘nothing is ‘standard’. The concern lies within the scenario where developers, designers, contractors and other…
In a recent update on New York insurance coverage law, the Eastern District found that a delay by insurer Prime Insurance Company in disclaiming, after its insured Extreme Residential Corp. gave a notice of occurrence, precluded the insurer’s reliance upon exclusions. The judgment arose out of a construction accident that took place on July 30,…
In a noteworthy legal battle, a lawsuit alleging copyright infringement of architectural plans has been allowed to proceed. The complaint was brought forward by Michael Pellis Architecture PLC, targeting M.L. Bell Construction LLC, a general contractor. The plaintiff’s business assertions revolve around copyright breaches relating to the design plans for a future brewery and tasting…
Earlier this year, on September 14, 2023, the federal government proposed an alteration to the tax reimbursement policy for newly built rental buildings. This proposed change could provide a significant boost for owners and developers of expressly built rental properties, student housing and accommodation for the elderly. Read more about the proposal here. This alteration…
In a move to address housing shortages and incentivize construction of rental accommodations, the federal government has announced the effective removal of the goods and services tax (GST) on newly built rental properties. The transformational action, expected to enhance development of apartment buildings, student housing, and senior residences comes as part of new legislation in…
On September 8, 2023, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) unveiled a revision to the definition of ‘waters of the United States’ (WOTUS), signaling significant consequences for the jurisdictional scope of the Clean Water Act (CWA). The release, as published in the Federal Register (88 Fed. Reg. 61964 (Sept. 8,…
Discussing critical legal updates, we commence with the housing reform made to New York city’s zoning regulations. The new initiative, launched by Mayor Adams and titled “City of Yes for Housing Opportunity,” has been designed with the aim of dispersing housing development and benefits across all neighborhoods. This wide-ranging set of proposals has three main…