Law firms have more than just legal expertise to offer. They are uniquely positioned to lend support and foster innovative projects that benefit society at large. One such initiative is Project W: Warming the Heart and Body, spearheaded by Davis Wright Tremaine LLP. This project arose from a personal journey and has evolved into a…
The United States Energy Information Administration (EIA) published a report on October 3rd noting a significant downturn in construction costs for solar, wind, and natural gas-fired generators during 2021. This change in expenses is a trend along with the rise in renewable energy technologies and the switch to cleaner generation methods. This report, aptly titled…
The issue of energy compliance is currently under the spotlight as a growing number of US states, along with the District of Columbia, have enacted greenhouse gas legislation. These laws consist of a mandate for owners of particular commercial infrastructures which stipulates adherence to state energy standards and necessitates annual reporting of building energy consumption….
In a move that has significant implications for employers in the construction industry, the National Labor Relations Board (NLRB) has issued a reversal of long-standing precedent, thereby making it easier for unions to represent employees without a secret ballot election. The decision, which has the potential to reshape traditional “9(a)” relationships, does not impact pre-hire…
In Western Australia, modifications in legislation have compelled key stakeholders in the construction industry to address the conditions related to performance security in all recent construction contracts for projects taking place in the region. The updated statutes impose new rights and duties relating to performance security and direct its utilization, availability, and return, notwithstanding the…
Renowned law firms worldwide have been shifting their eyes and offices to the heart of the City of London, an intrigue commonly referred to as law’s puzzling fascination with the Square Mile. Historically, there have been famous locations associated with specific industries, such as Fleet Street for newspapers, Wall Street and Canary Wharf for finance,…
In the September 2023 issue of the Saiber Construction Law Column, focus was given to the subject of forum selection clauses in contractual agreements, which is increasingly relevant in our globalized business world. Essentially, a forum selection clause serves as an agreement between parties to establish a venue – the location of the court –…
In a notable development in the legal landscape of employment law, the Superior Court recently utilized an idiopathic defense, resulting in a rare victory for the employer. In the case of Duane Sykes v. George Harms Construction Company, Inc., (No. A-3320-20 (App. Div. 2023)), decided on September 28, 2023, the respondent was found in favor…
In an eye-opening development, former NFL star is making a foray into real estate. This news complements the overarching theme of the evolving landscape of the American property and construction industry. Turning the focus on trends outside of game fields can offer representatives of leading organizations insightful perspective into this expanding market. One of the…
As the wave of digital transformation shakes every sector, the construction industry is no exception. Today, technologies such as artificial intelligence (AI), advanced analytics (AA), cyber-physical systems (CPS), machine learning (ML), and robotics are driving a revolution in the industry, bolstering productivity, efficiency, and connectivity while enabling stronger service offerings. This digital shift, amplified by…
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…