In a significant development for construction law and green building practices, the New York State Office of General Services has officially issued the long-awaited New York State Buy Clean Concrete guidelines. These guidelines are applicable to certain State of New York (“NYS”) construction projects. The new regulations are set to dramatically reshape the requirements for…
The Consumer Product Safety Commission (CPSC) has recently finalized some key rules concerning button cell and coin batteries. On September 11, 2023, the commission voted in favor of adopting holistic safety requirements for these batteries and their associated products, following the guidance of Reese’s Law. These safety requirements are not limited to just the batteries,…
Professional dignity and judicial prestige establish the tone at the Bench and Bar Conferences, making them profoundly insightful experiences for attending litigators. The 2023 Bench and Bar Conference held by the Delaware Chapter of the Federal Bar Association was no exception. On the first day, I was privy to two panel discussions, including a resourceful…
In recent high profile transfers, leading law firms Addleshaw Goddard and Morgan Lewis have bolstered their respective dispute resolution teams in Dubai. Addleshaw Goddard has secured a construction expert from Clifford Chance, while an arbitration specialist has moved to Morgan Lewis from Al Tamimi. The team at Addleshaw Goddard will benefit from the expertise of…
In recent months, Prince George’s County has been a hotspot for legislative activity. Several proposals and updates have surfaced, targeting the County’s zoning ordinances and organizational structure. Among the main points of discussion was an overhaul of the current zoning ordinance. A significant effort aimed at determining the most productive use of land and community…
A recent ruling by the Tenth Circuit Court of Appeals carries significant implications across the West for air permitting. A three-judge panel, which was divided in its decision, vacated and remanded the EPA’s approval of Colorado’s state implementation plan (SIP). This decision was predicated on the state’s SIP exclusion of temporary sources of air emissions…
Large corporations and law firms take notice: In an effort to tackle wage and hour violations, Rhode Island has recently amended its Payment of Wages Act. Set to take effect from January 1, 2024, the act, now carrying R.I. Gen. Laws § 28-14-1, et seq. (“Wage Act”) provisions, could make a “knowing[] and willful[]” violation…
The recent successful landing of the Chandrayaan-3 spacecraft on the moon by India has ushered in a new era of space exploration; an achievement that saw India join an exclusive club of countries that have managed to authentically land a spacecraft on the moon’s surface. This latest accomplishment is largely driven by advancements in fabrication…
After a challenging summer of extreme heat causing disturbance to power grids and infrastructure in numerous locations, the United States is preparing for a fall season expected to bring turbulent and disruptive weather conditions. As reported by Bradley Arant Boult Cummings LLP, while the risks associated with extreme heat and fire seasons are largely behind…
The United States Department of Labor (USDOL) has proposed modifications to the manner in which wages under the Davis Bacon Act (DBA) are calculated, a move that appears to favor employees. This decades-old legislation has been the foundation for numerous prevailing wage cases and the proposed changes raise interesting implications for legal professionals in the…
Illinois Governor, Pritzker, is making waves yet again with the introduction of a number of amendments to Illinois’ Prevailing Wage Act (IPWA) signed on July 28, 2023. The bill that’s gaining considerable attention is HB 3370. It amends the IPWA to include “power washing”. This new addition to the law has sparked conversations amongst legal…
The insured v. insured exclusion clause is a prominent feature in Directors and Officers (D&O) insurance policies. Recently, this exclusion has been put to the test in the United States Bankruptcy Court for the Northern District of Illinois. The court evaluated its application in the case concerning a bankrupt insured condominium association’s former officers and…
In a bid to stimulate development and simultaneously provide financial relief, the federal government has rolled out a proposal for an enhanced GST rebate scheme for newly built rental housing. The announcement made on September 14, 2023, has stirred interest amongst owners and developers of purpose-built rental buildings, student housing, and senior housing. According to…
As many regions, particularly California, brace themselves against an escalating housing crisis, steps are being taken at governmental levels to combat and assuage the concern. In a recent move, Governor Gavin Newsom approved new legislation designed to expedite housing construction and mitigate local resistance connected to potential noise concerns. The law is expected to largely…
As industries across the globe adapt to the rapid advancements in technology, the construction industry is no exception. As it stands, standard form construction contracts don’t fully address the unique challenges posed by ‘Smart Infrastructure,’ a term coined to represent infrastructure projects that integrate both digital and physical elements. The analysis by Hogan Lovells highlights…
The third day of the World Petroleum Congress (WPC) 2023 developed a deeper conversation for attendees around the use of artificial intelligence (AI) in the energy industry. In the midst of a vast array of discussions and opinions, Sébastien Gittens from Bennett Jones LLP provided valuable insights on making sense of AI’s role. Mr. Gittens,…
Effective October 23, 2023, changes are coming to the federal construction industry as the Department of Labor (DOL) rolls out its first comprehensive update to the Davis-Bacon Act (DBA) in 40 years. Well-versed developers, owners, contractors, and trades who exploit federal funds for their construction projects need to grasp the weight this will have on…
In providing pertinent legal education and discourse, legal professionals in construction claims are gathered for the 21st annual “Top Gun” seminar. This is a hybrid event scheduled to take place on October 19th in Dublin, OH. The event has been organized by Bricker Graydon’s construction attorneys and stands as their premier Midwest construction claims seminar….
In a recent wave of developments, the New York State Court of Appeals has upheld three decisions that unmistakably sway in favor of defendants in cases alleging violations of Section 240(1) of the New York State Labor Law. According to legal news reported by Kennedys on JD Supra, this shift in verdicts may signal significant…
In recent legal world developments, partners from two renowned law firms, HFW and Pinsent Masons, have decided to step away from their firms to take on general counsel roles. Notably, HFW’s Ben Bury has taken an in-house position with Gammon Construction, while Pinsent Masons’ Alexander Shepherd has joined Evolution Data. Such transitions underscore the evolving…
In a recent significant appellate decision concerning the California Environmental Quality Act (CEQA), Save Our Access v. City of San Diego delineates the legalese around land development regulations in coastal areas. This is especially important for legal professionals working with corporates involved in the development, real estate, environment, and public sectors. The case was primarily…
In a notable Federal Circuit Review from August 2023, a critical ruling for intellectual property rights (IPR) petitioners came to the forefront. The court’s decision in the landmark case Axonics, Inc. v. Medtronic, Inc., Appeal No. 22-1532 has set a precedent for the conduct of IPR proceedings. A key takeaway from this review was the…
San Francisco’s intersection of SOMA, Potrero Hill, and Showplace Square districts mark the location of a unique structure that’s been gaining attention from legal professionals and industry experts alike. 1 De Haro, a 134,000-square-foot, 4-story office and light industrial project, serves as a real-world case study in the mass timber construction trend that’s impacting the…
In its upcoming open meeting, scheduled on September 21st, the Federal Energy Regulatory Commission (FERC), has laid out its agenda points for discussion. The official agenda, publicly listed on the FERC website, includes a number of items that could significantly affect the energy industry. It’s noteworthy that the Commission reserves the right to make last-minute…
As corporate employers grapple with the most confounding labor shortage that sectors such as construction has witnessed in decades, it becomes increasingly critical to explore affordable, yet effective ways of increasing employee retention. Advice on best practices is plentiful, from advocating a more inclusive culture, to boosting overall work environment positivity. However, it’s equally vital…