Constructlaw

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Troutman Pepper’s National Construction Practice Named Among Law360’s Practice Groups of the Year for Second Consecutive Year

Constructlaw

Practice Recognized for Major Deals, Litigation Wins in 2022 NEW YORK – For the second consecutive year, Troutman Pepper’s Construction Practice Group has been recognized nationally among Law360’s Practice Groups of the Year.

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Ohio Court Reforms Construction Contract to Correct “Manifest Absurdity” in Termination for Convenience Term

Constructlaw

Hanuman Chalisa, LLC v. BoMar Contr., 2022-Ohio-1111, 187 N.E.3d 1108 (Ct. App.). Hanuman Chalisa LLC (owner) contracted BoMar Contracting, Inc. BoMar) to construct a hotel in Columbus, OH. The contract consisted of the AIA A101-2007 and AIA A201-2007.

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Standard Arbitration Clause for Construction Contract

Constructlaw

Accreditation: An extract from Thomas Reuters Practical Law. The full document is available at [link]. Troutman Pepper Partners Albert Bates and Zach Torres-Fowler published a Thomas Reuters Practical Law guide for drawing construction arbitration clauses.

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Troutman Pepper Serves as Specialty Construction Counsel in $4.2 Billion Redevelopment Project at John F. Kennedy International Airport

Constructlaw

NEW YORK – Troutman Pepper, as specialty construction counsel, represented a consortium of investors consisting of Vantage Airport Group, JetBlue, American Triple I, and RXR Realty in a deal to build, finance, and operate a new US$4.2 billion passenger terminal at New York’s John F.

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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.

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Not Everything Is Bigger in Texas: Court of Appeals Reverses Trial Court’s Expansive Interpretation of Indemnity Clause

Constructlaw

RKI Expl. & & Prod., LLC v. Ameriflow Energy Servs., LLC , No. 02-20-00384-CV, 2022 Tex. LEXIS 4331 (Tex. June 23, 2022). A recent decision by the Court of Appeals of Texas highlights the perils of failing to properly assert a demand for contractual indemnity.

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Illinois Federal District Court Enforces Partially Executed Agreement to Arbitrate

Constructlaw

United States ex rel. Spirtas Worldwide, LLC v. SGLC Consulting LLC , No. 3:21-CV-00182-MAB, 2022 U.S. LEXIS 105589; 2022 WL 2116451 (S.D. June 13, 2022). The U.S.

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Illinois Federal District Court Enforces Partially Executed Agreement to Arbitrate

Constructlaw

United States ex rel. Spirtas Worldwide, LLC v. SGLC Consulting LLC , No. 3:21-CV-00182-MAB, 2022 U.S. LEXIS 105589; 2022 WL 2116451 (S.D. June 13, 2022). The U.S.

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Texas Appellate Court Affirms Grant of Governmental Immunity From Suit Seeking Delay Costs

Constructlaw

Triple B Servs., LLP v. City of Conroe , No. 09-21-00096-CV, 2022 Tex. LEXIS 4824, 2022 WL 2720451 (Tex. July 14, 2022).

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No-Damage-For-Delay Provisions and Lien Waivers Remain Enforceable — and Valuable — in New York

Constructlaw

Pizzarotti, LLC v. X-Treme Concrete Inc. , 205 A.D.3d 487 (N.Y. 2022).

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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.

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Pennsylvania Superior Court Places Time Limit on Good Faith Withholding Under CASPA

Constructlaw

Constructural Dynamics, Inc. Thomas P. Carney, Inc. , 1104 EDA 2021, 2022 Pa. Super. Unpub. LEXIS 1500 (Pa. Super. July 1, 2022), reargument denied (Sept. 8, 2022). Thomas P. Carney, Inc. Carney), a concrete subcontractor, hired Silvi Concrete Products, Inc.

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Careful Contract Drafting Could Mean Recovery of Liquidated Damages and Actual and Consequential Damages

Constructlaw

Town of New Milford v. Demolition Srvcs., Inc. , 212 Conn. 30 (2022). The case involved cleanup and environmental remediation of a vacant factory contaminated with polychlorinated biphenyls and asbestos. The town of New Milford (Town) contracted with Standard Demolition Services, Inc.

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Biggest Construction Developments of 2022 to Date and What We’re Watching

Constructlaw

With more than half of 2022 in the books, Troutman Pepper’s award-winning Construction Practice Group recaps some of the more major developments from the last year and looks ahead to what the remainder holds. Infrastructure Bill Provides Opportunities for Hydroelectric Industry.

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GAR Know How Construction Arbitration: USA (September 2022)

Constructlaw

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).”

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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.

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

Constructlaw

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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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

Constructlaw

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.

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

Constructlaw

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

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

Constructlaw

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

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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.

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DOD Issues Final “Enhanced Debriefing” Rule for Government Bids

Constructlaw

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.

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NY Appellate Court Reaffirms Pay-When-Paid Provisions Are Void as Against Public Policy

Constructlaw

Bank of America, N.A. ASD Gem Realty LLC , 205 A.D.3d 1, 164 N.Y.S.3d 566 (2022). ASD Gem Realty LLC and ASD Diamond, Inc. together, ASD or Owner) contracted Sweet Construction Corp. Sweet) to renovate a commercial space in Manhattan’s Diamond District (the Project).

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

Constructlaw

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.

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

Constructlaw

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

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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!

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

Constructlaw

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).

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

Constructlaw

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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”

Constructlaw

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.

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

Constructlaw

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.

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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!

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

Constructlaw

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.

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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.

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

Constructlaw

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.”

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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.

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

Constructlaw

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.

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Int’l Arbitration Rules Revision Reflects Flexible Approach

Constructlaw

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].

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International Arbitration Experts Discuss the New LCIA Rules

Constructlaw

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.”

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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.

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Reimagining How Construction Companies Capture Progress Tracking

Speaker: Felipe Engineer-Manriquez, Christopher Gagliardi, George Hedley, and Jason Nichols

Join our esteemed panelists for their discussion on the importance of progress tracking which ultimately touches upon every digital aspect within the construction cycle. Our thought-leaders' years of experience on the job sites can help you build a better future at your company.