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…
On October 6, 2023, the Office of Federal Contract Compliance Programs (OFCCP) declared its plans to conduct an additional dozen compliance reviews of construction megaprojects. This was announced alongside a previously released list of another 12 projects scheduled to undergo identical scrutiny. These 24 compliance reviews are a part of the OFCCP’s Mega Construction Project…
The Arkansas Department of Energy & Environment – Division of Environmental Quality (DEQ) and a site operator based in North Little Rock, namely, Maly Constructions, LLC (MC), have recently entered into a Consent Administrative Order (CAO). The CAO responds to alleged violations of the Arkansas Asbestos Rule, a troubling development that underscores the ongoing complexities…
In this week’s update, we put a spotlight on several intriguing developments in the real estate and construction sectors. As first reported on JDSupra, the continued impact of market dynamics on homeownership trends amongst younger Americans, often referred to as millennials, is clear. Despite historically low-interest rates, the homeownership dream appears to be increasingly inaccessible…
Florida has recently made significant changes to its construction lien law. The law, which came into effect on October 1, 2023, has seen amendments that encompass critical aspects, including lien rights, notice requirements, consultant bond amounts, and attorney fee recovery regulations. These changes are set to impact how legal professionals approach their practice in construction-related…
The Kingdom of Saudi Arabia has enacted a new Civil Code that underscores its commitment to inviting the international business community into its jurisdiction. One component that merits close attention, especially for project owners, contractors and service providers across the energy, construction and infrastructure sectors, is the newly implemented liquidated damages regime. Article provided by…
On September 29, 2023, the National Institute of Standards and Technology’s (NIST’s) CHIPS Program Office unveiled an additional funding opportunity announcement (FOA) for the development, expansion, or modernization of facilities targeting the production and manufacture of semiconductor materials and related manufacturing equipment. The event is significant as up to $500 million will be awarded through…
New Zealand based firm, K3 Legal has made its international debut with the launch of services in Hong Kong. This venture is in association with local practice Fred Kan & Co. According to K3 Legal director Margaret Chen, the choice of location was due to Hong Kong’s pivotal role in China, its status as an…
The U.S. Internal Revenue Service (IRS) has proposed a new set of regulations to impart robust tax incentives for qualifying renewable-energy construction projects. As outlined in the Inflation Reduction Act, these enticing financial rewards are not without their conditions. However, the full amount can be claimed by businesses for eligible projects, provided they meet the…
The month of September 2023 saw an increase in enforcement actions in the sphere of international trade, particularly concerning Iran. Notably, the Office of Foreign Assets Control (OFAC) announced settlements with two prominent entities, 3M and Emigrant Bank, both accused of contravening the Iranian Transactions and Sanctions Regulations (ITSR). In addition to corporate indictments, individuals…
On October 6, 2023, with less than a week into its new 2024 fiscal year, the Office of Federal Contract Compliance Programs (OFCCP) announced a new list of mega construction designees. This list, part of the OFCCP’s Mega Construction Project (Megaproject) Program, identifies twelve new construction 'megaprojects'. The Megaproject Program within the OFCCP is a…
The New York City Council convened last Thursday in a stated meeting, where numerous pieces of legislation were passed and introduced. Amongst the adopted legislations was one aimed at improving the city’s green cover, by necessitating an annual forest plan that would help expand the city’s tree canopy to 30 percent coverage. Another significant bill…
U.S.-based legal firms Kirkland & Ellis and Latham & Watkins are set to expand their office spaces in London. This move signifies an ongoing growth of U.S headquartered firms in the U.K. Kirkland & Ellis, currently having its new office under construction at the 40 Leadenhall Street development in London, plans to increase the previously…
Slip and fall cases have long been a contentious subject in personal injury litigation. One such case, dissected and examined in detail in a recent post by McNees Wallace & Nurick LLC, presents an interesting study of deconstruction and the lengths at which one must go during litigation. In this particular case, the team at…