In a recent development concerning Pennsylvania’s Statute of Repose, the superior court has finally provided clarity to a long-standing ambiguity in the statute’s wording. The unpublished opinion, handed down on August 31, 2023, will have substantial implications for legal professionals, especially for those involved in civil proceedings linked to the construction industry. Under the previous…
Healthcare systems around the globe are currently strained with the challenging task of considering inpatient capital projects amidst market pressures, rising expenses, and construction cost escalation. As reported in JD Supra, the quest to generate an appropriate profit margin within this context is proving difficult for many, causing pause for institution leaders when it comes…
A US federal judge has instructed the state of Texas to shift its controversial floating barrier from the central waters of the Rio Grande to the riverbank. The judge’s orders come as a preliminary injunction document that was granted on Wednesday by US Senior District Judge David Alan Ezra, as a result of the US…
In the recent issue of The Site Report – Construction Law Insights, the surge in solar energy related projects in North Carolina has been spotlighted, with a special focus on construction law insights concerning the installation of solar panel systems. The article points out the increase in reliance on renewable energy sources to mitigate carbon…
In a recent turn of events, differing rulings have emerged from separate United States Courts of Appeals concerning their interpretation of Sections 253 and 332 of the Communications Act, according to JDSupra. Initially introduced to handle cases linked to wired telecommunication involving ‘California Payphone,’ this standard has been extended to include contrasting issues encompassing both…
Recent alterations in Virginia’s construction stormwater permitting have paved the way for legal and operational revisions. Lawyers, construction companies, and significant corporation legal teams should remain cognizant of these changes, as the upshots span both legal prerequisites and hands-on impacts. The legal implications, as examined by Alex Turner, a member of the Virginia Bar and…
The escalating inclination towards renewable energy sources, aimed at reducing the carbon footprint of homes and buildings, intertwined with favorable tax incentives, has bolstered the proliferation of solar power companies. Notably, North Carolina has seen the establishment of over 200 solar companies, tasked with the mission of meeting the ever-growing demand for solar energy. This…
In a projected seminar titled ‘Building Resiliency Into the Construction Industry’, the focus has been set on resilience in the construction industry, particularly in the context of South Florida. The seminar is scheduled for September 7th, in Miami, FL. To delve a little deeper, resilience in this industry typically refers to a building’s or infrastructure…
The Ontario Ministry of Labour, Immigration, Training and Skills Development is currently seeking comments and feedback on two Occupational Health and Safety proposals, including one pertaining to heat stress. The initiative is seeking to understand the potential impact of these proposed amendments and encourages stakeholders to voice their thoughts and concerns. This information was recently…
After several meetings and barely two months of deliberation, the San Francisco Board of Supervisors has finally passed the highly anticipated “Housing Fee Reform Plan”. Having been extensively discussed on July 7th, 21st, and 31st, the plan was approved on the second reading, on September 5th. Coblentz Patch Duffy & Bass reports the detailed happens….
In a recent enforcement action that underscores the significance of robust whistleblower programs in corporations, OFAC (Office of Foreign Assets Control) announced a settlement with Construction Specialties Inc. (CS) worth $660,594 for alleged infringements of the Iranian Transactions and Sanctions Regulations (ITSR). The announcement, made on August 16, 2023, revealed that the violations involved CS’s…
In a pivotal decision, the U.S. National Labor Relations Board (the Board) has ushered in new conditions for Union Representation cases. The ruling was issued on August 25, 2023, in Cemex Construction Materials Pacific, LLC, and sweeps aside decades of established precedent regarding the representation election process. According to the decision, and as analysed by…
Amid the wave of historic wildfires that have swept across Colorado, instigating serious damage and serving as a stark reminder of the shifting climate vulnerabilities, the state has taken vital strides towards prevention and recovery. As part of an effort to improve wildfire resiliency, the Centennial State passed an array of eleven bills during the…
As experienced legal professionals, the importance of having a well-structured and navigable website might often get overlooked in the face of pressing court cases and legal complaints. However, in today’s digital age, it is increasingly vital to have an accessible online presence. A recent article on JD Supra presents a compelling case about how good…
On August 25, 2023, the National Labor Relations Board (NLRB) released its long anticipated decision in the Cemex Construction Materials Pacific case (See NLRB Case No. 28-CA-230115). Central to the Cemex case was the question of managing election procedures amidst allegations of unfair labor practices committed by an employer during the “critical period” – the…
In a recent development, the U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance (OECA) has announced an updated focus of its remediation and cost-recovery efforts under the federal Superfund law. This shift is particularly towards manufacturers of poly- and perfluoroalkyl substances (PFAS) along with other companies using PFAS in their production processes. A…
As we approach the implementation date for key changes to the Davis-Bacon and Related Acts, companies involved in covered contracts or receiving awards subject to the Act will need to prepare for these updates. The U.S. Department of Labor has set October 22, 2023, as the deadline for stakeholders to comply with the final regulations….
On August 25, 2023, the National Labor Relations Board (NLRB) delivered its decision in the case of Cemex Construction Materials Pacific LLC (Cemex), NLRB Case No. 28-CA-230115. This ruling marked a significant turnaround from previously established law, altering the dynamics for unions seeking representation. Prior to the Cemex decision, when a union sought representation and…
In the most recent development in Colorado law, the state’s Statute of Limitations defense may not apply in arbitration, particularly in the context of the construction industry. This potential change in the interpretation of the law may have significant implications for legal professionals operating in Colorado and dealing with arbitration cases. Arbitration has long been…
Professional legal commentators have noted significant changes enacted by the National Labor Relations Board (NLRB), suggesting an alteration in the legal landscape that currently favors labor unions over employers. Such a shift has been observed in a series of moves by the NLRB. The first significant transformation was a return to the “quickie elections” process…
In the recent California Environmental Law & Policy Update of September 1, 2023, a significant development has transpired. This involves the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers, collectively referred to as “Corps”. In an unexpected move on Tuesday, both entities have released a new rule which dramatically downsizes the…
The National Labor Relations Board (NLRB) has issued a noteworthy decision this week in the Cemex Construction Materials Pacific case (NLRB Case No. 28-CA-230115). This decision is likely to bring immediate and significant impacts to employers who are facing union organizing campaigns. It also brings about a considerable switch in petition and election process, majorly…
On August 25, 2023, the National Labor Relations Board (NLRB) took a crucial step in favor of labor representation by reinstating key elements of its historic 1949 Joy Silk Mills ruling. The board’s decision in the case of Cemex Construction Materials Pacific, LLC did not fully reinstate the old ruling but was seen as a…
Frequent power outages in recent years have led President Kassym-Jomart Tokayev to propose a national referendum on the construction of a Nuclear Power Plant (NPP) in Kazakhstan. He made the announcement on September 1 during an address to the nation. The President argued that the country’s recent electricity problems, such as those experienced in Almaty…
A memo from the National Labor Relations Board’s legal chief, Jennifer Abruzzo, which targets companies’ mandatory anti-union meetings, has withstood a second industry challenge in federal court. A federal district court in Texas ruled that it lacked jurisdiction to hear challenges to Abruzzo’s prosecutorial decisions, which include a memo postulating that ‘captive audience meetings’ breach…