GAR Know How Construction Arbitration: USA (September 2022)


Accreditation: An extract from GAR’s Construction Arbitration Know-how. The whole publication is available at [link]. Troutman Pepper Partners Albert Bates and Zachary Torres-Fowler are published in GAR Insight with their article, “GAR Know How Construction Arbitration: USA (September 2022).”

Statutory Remedies for Non-Payment on Public and Private Construction Projects


This article summarizes statutory remedies available to contractors, subcontractors and material suppliers when upstream parties fail or refuse to release payments on public and private construction projects.

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Welcome to the Party Tex — The Spearin Doctrine Finally Adopted in Texas


True to form, Texas has joined the majority in adopting the Spearin concept in its own way.

Appeals Court Construes Massachusetts Prompt Payment Act for First Time, Requiring Strict Compliance


Tocci Bldg. Corp. IRIV Partners, LLC , 101 Mass. 133 (2022).

Report: Optimism for Construction Growth in the Next Year Remains High

Research reveals 96% of respondents are very or fairly optimistic about their organization’s growth prospects for the next year. Over half of respondents see digital technology as the greatest growth opportunity. Don't be kept in the dark when it comes to the future. Read the report today!

DOD Issues Final “Enhanced Debriefing” Rule for Government Bids


The U.S. Department of Defense’s (DOD) new “enhanced” debriefing rule is intended to provide bidders more transparency and increase the efficiency of the DOD’s bidding system.

GA Court of Appeals Enforces Contract Clause, Excluding Liability for Incidental Damages Where Specific Performance Is Ordered


DonRob Invs., 360 Residential, LLC , 870 S.E.2d 874 (Ga. 2022). This case arose from a failed real estate transaction. DonRob Investments LP and Donald Robinson Investments, Inc.

CA Court of Appeal Affirms Bar on Recovery of Licensed General Contractor for Work Performed by Its Unlicensed Subcontractor


Most are familiar with California’s harsh penalty for unlicensed contractor work.

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Texas Court of Appeals Enforces Arbitration Agreement Provision Delegating Issues of Arbitrability to Arbitrator


Taylor Morrison of Tex. Caballero , No. 01-20-00800-CV, 2022 Tex. LEXIS 1870, 2022 WL 839429 (Mar. 22, 2022). Gary and Kelley Caballero contracted to purchase a new home to be constructed by Taylor Woodrow and Taylor Morrison of Texas, Inc. Taylor).

Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee


The Ultimate Free Guide to Construction Project Management Software

Spreadsheets and in-house tools can no longer manage the sophistication and the demand for data of modern construction. Our free buyer’s guide will help you identify what construction software you need and the key features you should be looking for.

Servotronics, Inc. v. Rolls-Royce PLC: What the U.S. Supreme Court’s Upcoming Decision on 28 U.S.C § 1782 Means for International Construction Arbitration


This article was originally published in The Dispute Revolver. It is republished here with permission. On March 22, 2021, the U.S. Supreme Court announced that it would consider the hotly contested issue of whether 28 U.S.C.

Pennsylvania Appellate Court Affirms Dismissal of In-State Subcontractor’s Suit Against Out-of-State General Contractor for Lack of Jurisdiction, Despite “Long-Term and Ongoing Contractual Relationships”


Bean Sprouts LLC v. LifeCycle Construction Servs. LLC, No. 001268-CV-2021 (Pa. Super. 17, 2022). The Superior Court of Pennsylvania recently raised the bar for state courts to assert jurisdiction over out-of-state defendants in actions brought by residents arising from out-of-state projects.

Law360 Recognizes Troutman Pepper Practices as 2021 Practice Groups of the Year


Construction and Energy Practices Honored With National Awards. Law360 has named two Troutman Pepper practices among its Practice Groups of the Year for 2021. The firm achieved the national recognition for both its Construction and Energy practices.

Change in Georgia Lien Law


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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The Ultimate Procurement Software Buyer’s Guide

With so many procurement solutions to choose from, it can be overwhelming without a frame of reference and a solid starting point. This free buyer’s guide is a must for anyone wanting to solve procurement or vendor management pain points.

COVID-19 and Remobilization: Returning to the Construction Site Without Mandated COVID-19 Restrictions


This article summarizes the current landscape in Pennsylvania and California as COVID-19 restrictions are lifted, and highlights important considerations for employers in the construction industry in relation to vaccines and navigating a post-mask mandate world.

2020 Updated to the IBA Rules: Modest Changes for Challenges New and Old


Albert Bates and Zachary Torres-Fowler, attorneys in Troutman Pepper’s Construction Practice Group, were published in the March 2021 edition of Mealey’s International Arbitration Report for their article, “ 2020 Updated to the IBA Rules: Modest Changes for Challenges New and Old.”

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


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.

COVID-19 and Border Crossings: Considerations and Best Practices for Global Constructors and Suppliers Crossing US, Canadian, and European Borders


The COVID-19 pandemic continues to impact the construction industry, and many countries continue to implement new or more stringent restrictions on entry into their borders. Those travel restrictions can impact any company with cross-border supply chains or employee travel.

Building the Foundations of the Future: Digital Construction in 2022 and Beyond

FlowForma surveyed 100+ construction executives. This eBook details their opinions and delves into their drivers for workflow and process automation, reliance on manual processes, digital capabilities and goals for process automation, and digital transformation initiatives in 2022 and beyond.

Int’l Arbitration Rules Revision Reflects Flexible Approach


Published in Law360 on February 25, 2021. Reprinted here with permission. On Feb. 15, the International Bar Association released the long-awaited update, adopted by the IBA Council on Dec. 17, 2020, to the IBA Rules on the Taking of Evidence in International Arbitration.[1].

International Arbitration Experts Discuss the New LCIA Rules


Albee Bates and Zachary Torres-Fowler were quoted in a Q&A for Mealey’s International Arbitration Report titled, “International Arbitration Experts Discuss the New LCIA Rules.”

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


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.

Not So Severable After All: Third Circuit Lets Courts Determine Arbitration Agreement Existence When Underlying Contract’s Validity Is Challenged


On September 14, the U.S. Court of Appeals for the Third Circuit addressed the perennially thorny issue of whether the courts or arbitrators retain the authority to resolve questions involving the enforceability of arbitration agreements. In MZM Construction Company, Inc.

Stop Making These Mistakes and Start Scaling Your Specialty Contractor Business

Anything that is built on a poor foundation will soon crumble from the ground up. This is literally the case in the construction stage of projects and it applies just the same during the pre-construction stage. This free eBook is your ultimate guide to scaling your business with customizable software as early as during the bidding stage.

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


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


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

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


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 arbitratio

International Arbitration Experts Discuss The Future Of Arbitration


In the July 2020 edition of Mealey’s International Arbitration Report , Albert Bates Jr.,

The Specialty Contractor's Guide to Job Cost Accounting

Supply chain challenges and rising material costs are forcing specialty contractors to pay more for what they need to complete each job. Following a simple set of principles, this easy-to-follow guide can help you manage job costs, ease the pains of accounting, and run a more profitable businesses.

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


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.

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


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.

Internationalizing Domestic Arbitration


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.

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


United States Army Corps of Engineers v. John C. Grimberg Co., Inc., 2019-1608, 2020 BL 215269 (Fed.

Discover 7 Ways to Cut Construction Inefficiencies

Construction sites are often just-barely-controlled chaos. Without clear coordination, you risk everything from clashes to delays, cancellations, and missed deadlines. Get the free eBook & learn how to solve the biggest challenges in construction!

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


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.

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


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.

Ninth Circuit Orders Enjoinment of Oil and Gas Line Construction Proceeding Under Nationwide Water Permit 12


Plains Res. Council v. United States Army Corps of Eng’rs, No. 4:19-cv-00044-BMM, 2020 BL 35412 (9th Cir. May 14, 2020) By: Alexander P. Downs*, Law Clerk, Pepper Hamilton LLP Oil and gas pipeline construction may no longer proceed under Nationwide Water Permit 12 (“NWP 12”).

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


Ted R. Gropman Cindy J. Lee On April 17, the California Court of Appeal decided Crosno Construction, Inc.

Learn How to Boost Productivity for Every Project

For construction contractors, productivity is everything. Download this guide to discover how digital production tracking improves project visibility, data collection, and production insights—all in real time.