Constructlaw

Subtle (and Not So Subtle) Effects of COVID-19 on the Construction Industry

Constructlaw

When is it going to return to “normal”? We all have been asking that question. Well, for the construction industry, it may never return to “normal.” COVID-19 may have permanently changed the landscape of the construction industry in many ways.

GAR Know How Construction Arbitration

Constructlaw

Albert Bates and R. Zachary Torres-Fowler were published in gar insight with their article, “ GAR Know How Construction Arbitration.”. Arbitration Construction Dispute international arbitration

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Change in Georgia Lien Law

Constructlaw

On August 5, 2020, Governor Brian Kemp signed Georgia Senate Bill 315 into law. This new law, which is codified at Title 44, Chapter 14, Section 366 of the Official Code of Georgia Annotated, substantially changes the way Georgia interprets statutory interim and final lien waivers. Change in Law.

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Level 10 Construction v. Sea World LLC: Can Force Majeure Save Sea World?

Constructlaw

On June 8, 2020, Level 10 Construction, LP (“Level 10”), a construction company hired by Sea World San Diego (“Sea World”), filed a Complaint in California federal court alleging that Sea World is withholding over $3.2 million dollars in payments from Level 10.

You Can't Improve Construction Safety from Inside a Filing Cabinet

How mobile technology can mitigate risk, save money, and provide a competitive advantage.

CBCA Offers Potential Insight Into How Board Will Handle Claims Related to COVID-19

Constructlaw

This article was originally published in Government Construction (Volume 5, Issue 2 – Summer 2020), an ABA Division 13 Quarterly Newsletter. It is republished here with permission.

Zooming Ahead: Challenges and Considerations for Virtual International Arbitration Proceedings in the Wake of COVID-19 Pandemic

Constructlaw

Albert Bates, Jr. and Danielle J. Volpe were published in Mealey’s International Arbitration Report with their article, “ Zooming Ahead: Challenges and Considerations for Virtual International Arbitration Proceedings in the Wake of COVID-19 Pandemic.”. Danielle Volpe is a former associate of Troutman Pepper who recently became the General Counsel of Posillico Construction. Arbitration Construction Dispute international arbitration COVID-19

What the United States-Mexico-Canada Agreement Means for International Construction Disputes

Constructlaw

Zachary Torres-Fowler and Cindy J. Lee were published in the American Bar Association’s Forum on Construction Law (Summer 2020) with their article, “ What the United States-Mexico-Canada Agreement Means for International Construction Disputes.”. Construction Dispute international arbitration

International Arbitration Experts Discuss The Future Of Arbitration

Constructlaw

In the July 2020 edition of Mealey’s International Arbitration Report , Albert Bates Jr., a partner in Troutman Pepper’s Pittsburgh office and head of the firm’s International Construction Projects Practice, offers his thoughts on developments in the field of international arbitration and the question of whether practitioners expect parties to continue to utilize the traditional international arbitration seats ( e.g., London, Paris, Singapore, New York) or shift toward new jurisdictions.

The Seoul Protocol: Guidelines for Remote Arbitration Hearings During the COVID-19 Outbreak

Constructlaw

Albert Bates Jr. Zachary Torres-Fowler As the COVID-19 pandemic continues to upend carefully choreographed arbitration schedules, parties, counsel and arbitrators have expressed interest in the use of video-conferencing technology to manage remote arbitration hearings.

Why Smoking Costs Employers More Than They Realize

Your employees are smoking, and at a cost of $7,000 per year for each employee who smokes, that adds up - fast! This free report will show you how an effective cessation program pays for itself.

Internationalizing Domestic Arbitration: How International Arbitration Practices Can Improve Domestic Construction Arbitration

Constructlaw

Published in Dispute Resolution Journal (June 2020, Vol. 74, No. 3), the flagship publication of the American Arbitration Association. 2020, American Arbitration Association. It is reprinted here with permission. EXCERPT: “There is a deceptive simplicity about the way in which arbitral proceedings are conducted… In fact, the appearance conceals the reality.” ” Introduction. Arbitration is simple.

Internationalizing Domestic Arbitration

Constructlaw

How International Arbitration Practices Can Improve Domestic Construction Arbitration Published in Dispute Resolution Journal (June 2020, Vol. 74, No. 3), the flagship publication of the American Arbitration Association. 2020, American Arbitration Association. It is reprinted here with permission. Albert Bates Jr. Zachary Torres-Fowler EXCERPT: “There is a deceptive simplicity about the way in … Continue reading Internationalizing Domestic Arbitration.

Federal Court Holds the Reasonableness of the Government’s Interpretation of Geotechnical Data is Irrelevant to Differing Site Condition Claim

Constructlaw

United States Army Corps of Engineers v. John C. Grimberg Co., Inc., 2019-1608, 2020 BL 215269 (Fed. June 9, 2020) Kristopher Berr The Court of Appeals for the Federal Circuit reversed a decision by the Armed Services Board of Contract Appeals (“Board”), which had found in favor of a contractor on a Type … Continue reading Federal Court Holds the Reasonableness of the Government’s Interpretation of Geotechnical Data is Irrelevant to Differing Site Condition Claim.

Michigan Federal Court Permits Subcontractor’s Quasi-Contractual Claims to Proceed Despite Existence of Express Contract Covering the Same Subject Matter

Constructlaw

P.A.L. Environmental Safety Corp. North American Dismantling Corp. Et Al., 19-11630, 2020 BL 198779 (E.D. May 28, 2020) Anthony V. Finizio A Michigan federal court partially granted Consumers Energy Company’s (“CEC”) motion to dismiss P.A.L.

Maryland Court Holds No Right of Contribution Where A Waiver of Subrogation Precludes Common Legal Responsibility

Constructlaw

Gables Construction, Inc. Red Coats, Inc., 23, 2020 BL 193791, 2020 MD LEXIS 264 (Md. May 26, 2020) Jane Fox Lehman Upper Rock II, LLC (“Upper Rock”) contracted Gables Construction, Inc. (“GCI”) GCI”) to construct a multi-building apartment complex in Rockville, Maryland (the “Project”) per the terms of the American Institute of Architects (“AIA”) … Continue reading Maryland Court Holds No Right of Contribution Where A Waiver of Subrogation Precludes Common Legal Responsibility.

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Supreme Court Interprets New York Convention to Allow Arbitration Agreement Nonsignatories to Invoke International Arbitration

Constructlaw

Albert Bates Jr. Zachary Torres-Fowler Jeremy Heep The U.S. Supreme Court issued a unanimous decision on June 1 in GE Energy Power Conversion France SAS, Corp. Outokumpu Stainless USA, LLC, holding that, in some circumstances, even nonsignatories to an agreement may invoke international arbitration. The Court ruled that the U.N. Convention on the … Continue reading Supreme Court Interprets New York Convention to Allow Arbitration Agreement Nonsignatories to Invoke International Arbitration.

Federal Court in PA Finds Liquidated Damages Provision Unenforceable Where the Per Day Liquidated Damage Amount Was Copied from Contracts for Prior Unrelated Projects Rather than a Project-Specific Forecast of Likely Damages

Constructlaw

Nolt, Inc. The Philadelphia Municipal Authority, 2020 BL 199761 (E.D. May 28, 2020) Stephen W. Kiefer The Philadelphia Municipal Authority (the “Authority”) contracted D.A. Nolt, Inc. Nolt”) to renovate a building that would serve as the City’s new police headquarters.

COVID-19 and the Construction Industry: Looking Beyond Force Majeure to Recover Time and Costs for Delay

Constructlaw

Robert A. Gallagher James Diwik Troutman Sanders Jamey B. Collidge Much has been written about whether and how COVID-19 qualifies as a force majeure event, and some additional information can be found here. But typical force majeure provisions entitle contractors to only schedule relief. While force majeure clauses may limit exposure to liquidated or consequential … Continue reading COVID-19 and the Construction Industry: Looking Beyond Force Majeure to Recover Time and Costs for Delay.

California Appeals Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts

Constructlaw

Ted R. Gropman Cindy J. Lee On April 17, the California Court of Appeal decided Crosno Construction, Inc. Travelers Casualty & Surety Company of America,1 effectively narrowing the scope of enforceable “pay-when-paid” provisions in construction subcontracts to the extent the subcontractor seeks recovery against a general contractor’s payment bond surety.

ADR for Construction Disputes During COVID-19: How to Manage Dispute Resolution Before and After the Dust Settles

Constructlaw

Albert Bates Jr. Zachary Torres-Fowler Days after the World Health Organization declared the COVID-19 outbreak a global pandemic, governments from around the world scrambled to enact measures aimed at mitigating the spread of the virus.

Pennsylvania Governor Paves Way to Reopen Construction on May 1

Constructlaw

Jamey B. Collidge On April 20, Pennsylvania Gov. Tom Wolf amended his March 19, 2020 Order Regarding the Closure of All Businesses That Are Not Life Sustaining. Under the previous order, construction was permitted to continue only if the business qualified as “life-sustaining” and was performing emergency repairs or if the business obtained a waiver. … Continue reading Pennsylvania Governor Paves Way to Reopen Construction on May 1. Covid-19 Governor Tom Wolf Health Secretary Rachel Levin

Dispute Boards: A Different Approach to Dispute Resolution

Constructlaw

Albert Bates Jr. Zachary Torres-Fowler With the signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation in August 2019, there has been a newfound focus on how parties can improve and expand the use of alternative forms of dispute resolution outside conventional litigation and arbitration proceedings. Pepper Hamilton attorneys Albert … Continue reading Dispute Boards: A Different Approach to Dispute Resolution.

COVID-19 and the Construction Industry: Important Considerations (For Information Purposes Only Not Intended as Legal Advice)

Constructlaw

Jamey B. Collidge COVID-19 has created a severe disruption to the construction industry. Certain jurisdictions, including Boston, San Francisco and Pennsylvania, have placed restrictions on construction projects deemed “nonessential” and require waivers for certain projects to continue. Owners, contractors, suppliers and others may currently have more questions than answers.

Continuous Cessation of Labor on Construction Projects Can Trigger Statutory Remedy Deadlines

Constructlaw

Luke Nicholas Eaton This article was originally published in the April 2020 issue of ConsensusDocs Construction Law. It is republished here with permission. State and local governments throughout the country continue to issue orders in response to the novel coronavirus (COVID-19) outbreak. Many states have ordered the shutdown of all businesses, with various exceptions such … Continue reading Continuous Cessation of Labor on Construction Projects Can Trigger Statutory Remedy Deadlines.

Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

Constructlaw

Ted R. Gropman Christine Z. Fan This article was originally published on December 3, 2019 on ConsensusDocs. It is reprinted here with permission. Construction contracts often include a “no damage for delay” clause that denies a contractor the right to recover delay-related costs and limits the contractor’s remedy to an extension of time for noncontractor-caused … Continue reading Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

New International Arbitration Study Offers Construction Dispute Insight

Constructlaw

This article was published in Law360 on December 4, 2019. Copyright 2019, Portfolio Media, Inc., publisher of Law360. It is republished here with permission. Albert Bates Jr. Zachary Torres-Fowler On Nov. 21, the Queen Mary University of London School of International Arbitration, in partnership with the U.K.-based based law firm Pinsent Masons LLP, released … Continue reading New International Arbitration Study Offers Construction Dispute Insight.

A Case Study Approach to Considering a Common Data Environment

Viewpoint Construction Technology

Why choosing the right CDE is important and a real-world example of one contractor's journey. Construction Best Practices

Not Sure How to Promote Your Construction Company? Start With Safety

Construction Marketing

Not only are we in the midst of difficult times, but we also have to account for the inevitability of a major recession , and that the economy is only going to get worse before it gets better. So, how does this affect construction companies?

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Done with Paper? How to Make Construction Accounts Payable Workflows Easy

Viewpoint Construction Technology

In 15 minutes, you'll learn how modern, integrated software can streamline your construction AP processes. Viewpoint Technology

Is Your Construction Data Selling Your Projects Short?

Viewpoint Construction Technology

When it comes to project status review meetings, a lack of good data can lead to headaches. Here's how the right technology can help. Construction Best Practices

Maryland becomes First State to Ban Polystyrene this Thursday

Green Building Law Update

During the 2019 legislative session, the Maryland General Assembly enacted what will be the first statewide ban of expanded polystyrene foam.

Robot roundup: 5 recent innovations in construction tech

Construction Dive

Here’s a look at a handful of robotic innovations that could be making their way to U.S. jobsites

Job Order Contracting – The Legal Side

Building Information Management

This is an example of Job Order Contracting from a legal perspective and that of a school district in Texas. This is NOT intended as ANY form of legal advice or counsel, but simply to share information relative to efficient construction project delivery methods. source: [link]. Magnolia ISD 170906. FACILITIES CONSTRUCTION CVF JOB ORDER CONTRACTS (LEGAL) DATE ISSUED: 10/9/2013 1 of 3 UPDATE 98 CVF(LEGAL)-P.

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Five Technology Trends Changing Everything

Contractor Magazine

From our October issue. BIM is still king, but watch out for augmented reality, 3D printing, and much more. Our interview with industry tech evangelist Sean McGuire, aka the @MCAAGeek

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SEC Alters Environmental Disclosure Requirements for First Time in 30 Years But

Green Building Law Update

A final rule the SEC adopted on August 26, 2020 and effective 30 days after publication in the Federal Register may be more significant for what is not in the rule. The rule is silent on ESG disclosures, including climate risk.

It’s Time to Take Control of Your Construction Field Data

Viewpoint Construction Technology

In 15 minutes, learn how ViewpointOne can help a foreman, project manager and payroll manager all capture and review data to improve workflows. Construction Best Practices

Industry Metric Dashboard at Your Fingertips; Data on Demand at Collaborate

Viewpoint Construction Technology

From better understanding industry trends to better understanding your projects, Viewpoint has your data-driven needs covered. Viewpoint News

Collaborate Day 2 Highlights: Viewpoint HR Management Now Available in Spectrum and an Inspiring Message on Hard Pivots

Viewpoint Construction Technology

Here's a look at the key topics and discussions from the final day of Collaborate 2020: Events

Viewpoint Collaborate Day 1 Highlights Construction Innovation, Partnership & Community

Viewpoint Construction Technology

New innovations, tech strategies and real talk on real industry challenges among the highlights that have Collaborate attendees buzzing. Events