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…
The Department of Labor’s updated Davis-Bacon and Related Acts (DBA) will yield broad changes to current U.S. construction industry practice, pushing firms to reassess their compliance measures. The new amendments coming into effect on October 23, 2023, mark a significant shift, revamping decades-old rules, precedents, and interpretations. As detailed in the DBA, federally funded construction…
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…
As we approach the week of September 18, notable attention falls on House Speaker Kevin McCarthy (R-CA) and his recent attempt to instate a stopgap spending bill. This bill aims to fund the government until October 31 and includes a notable 8% cut to nondefense programs along with a resumption of border wall construction. Reports…
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…
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…
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…
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…
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…
In a recent ruling by the New York Supreme Court, the tenant of a property, Cobblestone Restaurant, was determined not to be liable for the plaintiff’s Labor Law § 240 and Labor Law § 241 claims. Cobblestone, a tenant occupying a property owned by Encore and operating as a restaurant, successfully moved to dismiss the…
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,…
As part of its ongoing efforts to prevent heat illness, the Occupational Safety and Health Administration (OSHA) put forward various alternatives for its proposed ruling to combat heat injury and illness prevention on August 24, 2023. These proposed changes are set to make an impact in both outdoor and indoor workplaces. This initiative is not…
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…
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…