Green Construction Contracts: Balancing Risks and Benefits in the Evolving Industry

The evolving landscape of construction is leaning heavily toward sustainable or “green” practices. Not only is this shift influenced by governmental legislation, tax incentives, and industry developments but a significant push is also coming from consumers, corporations, and shareholders. A recent article in Properties Magazine reveals how the industry’s key players are allocating the risks…

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Navigating Complex Construction Litigation: The Role of Tech Savviness and E-Discovery Solutions

When it comes to arduous discovery in construction litigation, improving technological savviness may be key. Alex Thrasher, a litigation associate in the construction practice of Bradley Arant Boult Cummings, alongside Paige Hunt, the Vice President of global discovery solutions at Lighthouse, emphasize the importance of embracing technology to navigate complex construction project litigations. Thrasher, based…

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Canada Enhances GST New Residential Rental Property Rebate to Boost Rental Home Construction

On September 14, 2023, The Department of Finance Canada made an announcement regarding the proposed changes to the GST New Residential Rental Property (NRRP) rebate. Following the newly proposed legislation, the existing NRRP rebate is expected to see significant enhancements particularly on new purpose-built rental properties. The primary purpose for these adaptations is to incentivize…

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NLRB Shifts Union Representation Standards: A New Challenge for Manufacturers

Legal professionals serving corporations, especially manufacturers, must be cognizant of a significant change in union representation procedures driven by the National Labor Relations Board (NLRB). The board reversed its decades-long precedent thereby simplifying the process for allowing unions to represent employees, including manufacturers, without the need for a secret ballot election. This new standard was…

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NLRB Shifts Ground on Union Recognition, Impacting Corporate Strategies

In a notable series of events this summer, the National Labor Relations Board (NLRB) introduced new election rules and a consequential decision that altered longstanding precedent, effectively lowering the requirement for the Board to issue a bargaining order without necessarily initiating an election. This series of actions, including the landmark conclusion, have consequences for employers…

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Navigating Patent Law Complexities: Wireless Charging for Implanted Medical Devices Case Sparks Change

In recent years, the Federal Circuit has faced novel challenges in understanding and interpreting patent laws. An interesting situation has risen from a decision of a case involving wireless charging through skin for implanted medical devices. According to JDSupra’s depiction of the case, the Federal Circuit highlighted the Patent Trial and Appeal Board’s (PTAB) adoption…

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EPA Policy Shift Affects Wetland Restrictions and Building Density for Developers

In a significant move, developers are preparing for changes in both building density and wetland restrictions, following a recent policy shift by the Environmental Protection Agency (EPA). The Obama administration’s EPA, in 2011, issued a rule interpretation that significantly broadened the definition of “Waters of the United States” falling under the EPA’s regulatory jurisdiction. However,…

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Easing Constraints on University Housing: How AB 1307 Aims to Combat Student Accommodation Struggles

In a bid to address housing challenges within university town, the Governor recently signed Assembly Bill 1307 (AB 1307). As outlined in JD Supra’s legal news, this piece of legislation stipulates that noise generated by the occupants of residential projects is not to be considered significant impact on the environment under California’s Environmental Quality Act…

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Revised Davis-Bacon Act Brings Sweeping Changes to Construction Worker Wages

Effective October 23, 2023, there are significant modifications to the Davis-Bacon requirements that legal professionals working in corporation and law firms should take note of. On August 8, the Department of Labor issued a new rule which fundamentally redefines how wages for over one million construction workers are calculated. The sweeping changes under the Davis-Bacon…

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Colorado Construction Company Owner Guilty of Manslaughter: Recognizing the Importance of Compliance with Trench Safety Measures

In a significant development, a Colorado construction company owner pled guilty to criminal manslaughter charges last month. The charges stem from an incident resulting in the death of an employee due to a trench collapse. As reported by the federal Occupational Safety and Health Administration (OSHA), the worker was fatally injured while installing a sewer…

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Dancing for Change: Berlin Clubbers and Environmentalists Unite Against A100 Highway Expansion

On September 2nd, over 20,000 individuals staged protests in Berlin which took the form of dances. Conflicting with common associations of protests as violent and disillusioned, this stand against the German Federal Ministry of Transport’s plans to expand the A100 highway, portrayed an entirely different image. The affected area, well-known for its vibrant nightlife, stands…

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Eleventh Circuit Upholds Arbitral Award Despite Undisclosed Biases in Panama Canal Dispute

In an arbitration dispute involving the Panama Canal Authority and contractor Grupo Unidos por el Canal, S.A. (GUPC), the Eleventh Circuit federal court decided to uphold an arbitral award last month even though the arbitrators’ failed to disclose certain potential sources of bias. This litigation stems from the issues that arose during the construction of…

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NNCO Symposium Explores Enabling the Nanotechnology Revolution on 20th Anniversary

The National Nanotechnology Coordination Office (NNCO) is preparing to host a significant forum, the symposium on “Enabling the Nanotechnology Revolution”, to be held on October 10, 2023. The event is set to take place at the prestigious National Academies of Sciences, Engineering, and Medicine. As per the details provided, this much-anticipated symposium is aimed at…

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Impact of Revised Davis-Bacon Act Regulations on Construction Industry and Federal Contractors

The U.S. Department of Labor’s (DOL) move to revise the Davis-Bacon and Related Acts (DBRA) has implications for a range of legal professionals in several sectors, with a strong impact on construction professionals and federal contractors in particular. Often complex, these regulations concern wage laws for federally funded construction projects, with the recent changes represented…

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DIFC Court Ruling Provides Key Construction Dispute Guidance: Conditions Precedent and Employer Delay Responsibilities

In a recent judgment, the Dubai International Financial Centre (DIFC) Court of Appeal provided essential guidance on common issues that arise in construction disputes. The case in question is Panther Real Estate Development LLC v Modern Executive Systems Contracting LLC [2022] DIFC CA 016. Two central issues were addressed in this judgment: a) the implications…

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Dominican Republic Suspends Haiti Visas Amid Dispute Over Dajabón River Water Access

The Dominican Republic suspended the issuance of visas to citizens of Haiti as of Monday, and is considering closing its border following a conflict over water access. The dispute centers on Haiti’s construction of a canal, leading to concerns about diverting water from the Dajabón River. Recognized for its paramount importance within the Dominican Republic’s…

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Atlanta City Hall Declines Signature Verification for “Cop City” Referendum due to Eleventh Circuit Stay

The City of Atlanta recently opted not to confirm a multitude of signatures gathered by protestors against the construction of a police and fire training center, known colloquially as “Cop City”. This decision unfolded after the Eleventh Circuit Court of Appeals issued a judicial stay earlier this month. Activists, combined under the banner of the…

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Examining the Build America, Buy America Act: Implications for Legal Professionals and Businesses

Legal professionals may be interested in a notice on future significant legislative development — the “Build America, Buy America” Act, also known as BABA, contained within the Infrastructure Investment and Jobs Act. Signed into law on November 15, 2021, by President Biden, the act is scheduled to become effective from October 23, 2023. The Infrastructure…

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NLRB Shifts Stance on Secret Ballot Elections: Implications for Employers and Labor Relations Strategies

In a recent upheaval, the National Labor Relations Board (NLRB) made a shift in its historical alignment towards secret ballot elections for workers’ union representation. The move was made in the decision for the case of Cemex Construction which poses notable implications for employers and will inevitably call for a reassessment of labor relations risks…

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