On August 16, 2023, New York’s Governor Kathy Hochul signed into law the Roadway Excavation Quality Assurance Act (the Act), S.4887/A.5608. The details of the legislative development were shared by Natalie C. Vogel from the law firm Bond Schoeneck & King PLLC in her article released on JD Supra. This piece of legislation brings significant…
In a recent decision that resonates with environmentalists and legal professionals alike, the United States District Court for the District of Columbia addressed a critical aspect of the Endangered Species Act (ESA). The judgment dealt with the U.S. Fish and Wildlife Services’ refusal to designate a critical habitat for the endangered Rusty Patched Bumble Bee….
On August 23, 2023, the White House Office of Management and Budget (OMB) issued its final guidance, a noteworthy shift in policy that endeavors to implement the Build America, Buy America (BABA) provisions of the Infrastructure Investment and Jobs Act (IIJA). Hogan Lovells, a multinational legal practice, delivered a detailed examination of these developments. The…
Recent actions of District of Columbia’s Attorney General, Brian Schwalb, suggest a heightened focus on wage theft issues across the jurisdiction. Most recently, AG Schwalb has secured a settlement with Prestige Drywall LLC, a construction company accused of misclassifying its employees as independent contractors. This misclassification allegedly led to workers not receiving their rightful overtime…
On August 7, a critical legal precedent was set in the realm of patent law. In the case of Axonics, Inc. v. Medtronic, Inc., the Federal Circuit ruled that the Patent Trial and Appeal Board (PTAB) must consider an inter partes review (IPR) petitioner’s arguments even if they were made for the first time in…
In the realm of renewable energy projects, the term “site control” refers to an arrangement that bestows rights allowing the use of real property for primary due diligence and planning, eventually leading to the erection, development, functioning, and care of a renewable energy project. This intricate element of renewable energy law has recently come into…
When Peter Zaman was hired by Holman Fenwick Willan in 2021, his role as a climate finance and environmental products expert was clearly aligned with the firm’s energy, commodities, aerospace, shipping, construction and insurance sectors in Asia. All of these sectors deal heavily with fossil fuels, indicating a problem that Zaman, a former partner at…
Changes in the legal landscape of Intellectual Property Rights (IPR) are now effectively reshaping how patent disputes operate. AXONICS, INC. v. MEDTRONIC, INC., a case that recently came before Dyk, Lourie, and Taranto in the Patent Trial and Appeal Board, has a noteworthy finding: In an Inter Parties Review (IPR) process, an IPR petitioner should…
Recent years have witnessed an ongoing debate about the validity of capping general damages via contract provisions for liquidated damages. This discussion gained momentum with a couple of contradictory verdicts in the last two years – casting ambiguity on a common feature of construction contracts. The topic came to light as liquidated damages clauses frequently…
In a bid toward sustainable housing, the City of Los Angeles’s Planning Department is proposing an expansion of the city’s adaptive reuse policies. The proposal is a revision and an expansion of Sections 12.03, 12.22 A.26, 12.24 X and 16.05 of the Los Angeles Municipal Code (LAMC) and the Adaptive Reuse Incentive Areas Specific Plan…
Retiring in a tranquil neighborhood in Ohio City, one might not expect to be disturbed by the onset of a stone crushing plant. The anticipated peace and tranquillity have been interrupted for a retired couple who suddenly found themselves living next to such a facility, owned by whom they’ve come to call the “Bad Guys”….
In a recent court ruling, the United States District Court for the District of Massachusetts granted summary judgment in favor of the National Marine Fisheries Service (NMFS) on Friday, August 4, 2023. The judgement comes in the case of Melone v. Coit et al, 21-cv-11171 (Talwani, J.). More information about the judgement can be found…
The U.S Department of Labor (DOL) has issued a final rule, revising its procedures for determining prevailing wages under the Davis-Bacon and Related Acts (DBRA) for the first time in four decades, according to Ballard Spahr LLP. This reinstatement of a three-step process has implications for construction workers and the broader industry. The DBRA requires…
In an official announcement made on August 8, 2023, the Department of Labor (DOL) outlined their final rule revising the Davis-Bacon Act (DBA) and related acts regulations, marking the most significant revisions to take place in the past 40 years.[1] Addressed in this announcement were the major changes to the Davis-Bacon Act, a law of…
In a major shift from previous regulations, the Department of Labor (DOL) announced on August 8, 2023, their final rule revising the Davis-Bacon Act (DBA) and Davis-Bacon Related Acts regulations. As legal professionals, government and public sector lawyers, particularly those with construction clients, should take note of these significant changes. According to PilieroMazza PLLC, these…
As part of the White House’s recent efforts to reshape the employment landscape, the Department of Labor (DOL) is proposing a return to previously employed regulations concerning federally funded construction projects. Specifically, the DOL’s proposal focuses on the definition of “prevailing wage”, bringing it back to the interpretation last used in 1983. This proposed alteration…
In the ever-varying tapestry of Florida’s commercial real estate (CRE) market, the ascent of pickleball has notably emerged as a driving trend. This intriguing transformation from a casual pastime to a formidable investment opportunity is arresting attention, reshaping the CRE terrain and prompting substantial changes in property acquisition and development strategies throughout the state. However,…
In a week that has seen a range of developments unearthed within the real estate and construction sectors, innovations in technology are reshaping the landscape of property transactions and urban infrastructure. Meanwhile, labor relations and rising energy costs are setting the tone for industry challenges. In a recent article by JD Supra, it was highlighted…
The Colombian Law 2306 of July 31, 2023 has recently been issued, with a focus on the protection of motherhood and early childhood. This law brings with it incentives and regulations for the creation of areas intended to facilitate breastfeeding in public spaces in Colombia. [JDSupra] Law 2306 of 2023 broadens the remunerated rest period…
In a recent development that holds broader implications for the legal and construction industries, the U.S. Department of Labor (DOL) is ready to refashion a longstanding norm. On August 8, 2023, the Department declared its intention to bring into effect a rule that amends the prevailing wage calculation for federally-funded construction projects. This decision marks…
The United States Department of Labor (“DOL”) has recently finalized a rule which adjusts the manner in which prevailing wages are calculated for federally-funded construction projects. These adjustments are explicitly applicable to contracts that are subject to the Davis-Bacon Act and affiliated regulations. As outlined in a recent article, the alterations in the prevailing wage…
In a pivotal move, the Texas Supreme Court recently ruled in favor of developers and builders looking to enforce arbitration agreements in construction cases. Two key victories gave tremendous impetus to the principle of ‘Arbitration for All’. Contrary to previous presumption, the court ruled that household members and subsequent purchasers bringing a construction defect claim…
In a recently published article on JD Supra, the U.S. Federal Circuit is closely monitoring legal developments around patent law. Specifically, the question of whether pending, non-final litigation or Inter Partes Review (IPR) processes can negate intent to infringe if there’s already substantive evidence supporting such intentions. The focal point of this legal discussion is…
Changes are on the horizon for California’s Construction General Permit, and all those involved in construction activities in the state – including municipalities, landowners, and developers – would do well to take note. The impetus for these changes is the intensified regulatory scrutiny that this sector has been subject to in recent years, especially in…
In a world increasingly marked by technological advancements, nothing remains untouched – including the world of law. In particular, the rise of advanced auto features and electronic data is beginning to have a profound impact on how legal professionals approach accident reconstruction and related investigations. These technologies have expanded the field beyond the traditional approaches…