Constructlaw

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Discovery (Disclosure) in US Construction Arbitration

Constructlaw

Accreditation: An extract from Thomas Reuters Practical Law. The full document is available at [link]. Troutman Pepper attorneys Albert Bates, Zach Torres-Fowler, and Jamey Collidge published a Practice Note explaining key issues in the discovery (disclosure) process of a domestic US construction arbitration, such as conducting disclosure in an ad hoc proceeding or under institutional rules, identifying the disclosure’s scope, and managing electronically stored information (ESI) and other disclo

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I Lived It: Litigator Provides His Perspective on Solar Warranty Claims

Constructlaw

Reposted from Solar Power World with permission. This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. These tips are based on my experience over the past year, during which I’ve handled two solar disputes — one that culminated in a two-week trial and another that required a two-week final arbitration hearing.

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Pennsylvania Appellate Court Clarifies Recovery and Service Requirements of Mechanics’ Lien Law

Constructlaw

The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. Two key takeaways are: A lien claimant cannot recover replacement and rental costs associated with equipment and materials not incorporated into the final structure; and Proper service does not require the person served to be in charge of the business, so long as a sufficient connection exists between

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P3s: Wave of the Future for Health Care Projects?

Constructlaw

As readers of this blog know, public-private partnerships (P3s) have long been used to develop public infrastructure projects such as highways, bridges, tunnels, transit networks, convention centers and a host of other infrastructure projects. Can the P3 model also be used more extensively in the health care sector? In a recent article , Troutman Pepper’s Robert A.

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U.S. Government Plans to Leverage Public-Private Partnerships to Make Federal Buildings More Energy Efficient

Constructlaw

This article was originally published in the November-December 2023 issue of Pratt’s Energy Law Report and is republished here with permission. As the nation’s largest energy consumer, the U.S. federal government plans to curb greenhouse gas emissions across its expansive portfolio of more than 350,000 federal buildings. In a pioneering move, the Biden administration and Department of Energy (DOE) recently announced the Climate Smart Build-ings Initiative (CSBI).

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Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert

Constructlaw

Reposted from The Dispute Resolver with permission. A recent decision by the Georgia Court of Appeals, Munro v. Georgia Department of Transportation , highlights how overly specific and inflexible rules of evidence can create peculiar results. Munro involved a dispute over the design of a Georgia intersection. No. A23A0404, 2023 WL 4194716 (Ga. Ct.

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A Review of 2023’s Construction Highlights and What to Expect Next: A Summary

Constructlaw

In 2023, the construction industry saw significant developments, such as a downward trend in the commercial real estate market, a continued focus on sustainability, and the ongoing impact of the Infrastructure Investment and Jobs Act. International construction arbitration remained a preferred dispute resolution method for large-scale projects, while the energy industry prioritized safety, reliability, and compliance with clean energy directives, leading an increase in energy construction and pu