Constructlaw

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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Dispute Boards: An Approach to the Efficient Resolution of Disputes in the Construction Sector

Constructlaw

As published in Dispute Resolution Magazine, volume 26, issue 3, September 2020. Imagine a complicated engineering and construction project that has lasted years and has already cost hundreds of millions of dollars. During the project, the contractor submitted dozens of claims for additional time and money – all of which the project’s owner has rejected.

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

Constructlaw

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.

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.

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

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

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

International Arbitration Experts Discuss The Future Of Arbitration

Constructlaw

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

Governor Wolf’s Life-Sustaining Business Orders and Waiver Process Under Fire

Constructlaw

Wolf’s businesses closure orders and the business waiver process recently came under fire from the Western District of Pennsylvania Federal Court and the Pennsylvania Auditor General Eugene DePasquale. Wolf’s prior orders forced nearly all activities of the construction industry to cease in-person operations. Pennsylvania Federal District Court Finds Gov. Wolf’s Orders Unconstitutional. On September 14, Western District of Pennsylvania Judge William Stickman IV held that Gov.

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.

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

Huh? Ugh! LOL: The Top Tensions of Construction Law and Contracts

Speaker: Matthew DeVries, Construction Law Attorney and National Blogger

The construction environment changed more in 2020 than any prior year—whether the parties were faced with government shutdowns, new health and safety restrictions, or overall financial strains. Yet, many projects remained on target and successfully reached the finish line this year. The rights and responsibilities of parties involved in a construction project are mainly dependent upon the contract or agreement between them, and there is no better time than to review your contractual obligations to identify risk pitfalls and ensure success. Join construction law attorney and national blogger Matthew DeVries as he discusses the top tensions on a construction project and how to avoid disputes.

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. In the Complaint, Level 10 alleged that Sea World has declined to issue payments until the Sea World park reopens. Sea World has remained closed since March 2020 due to COVID-19.

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. The United States Civilian Board of Contract Appeals (the “Board”) recently issued a decision that may be particularly pertinent in light of the COVID-19 pandemic. In Pernix Serka Joint Venture v.

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.

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.

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.

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.

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.

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

Constructlaw

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”). The Ninth Circuit, by way of a two-judge panel, … Continue reading Ninth Circuit Orders Enjoinment of Oil and Gas Line Construction Proceeding Under Nationwide Water Permit 12.

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.

The WeChat Ban: Where We Are Now and How May It Impact International Construction, Manufacturers, and Equipment Suppliers

Constructlaw

On August 6 , President Trump issued an executive order banning WeChat, a Chinese app developed by parent company Tencent Holdings Ltd. that combines the capabilities of other social media, ride sharing, and payment apps. The ban could potentially affect all forms of businesses, including global construction, manufacturers, and equipment suppliers performing business in China and the U.S.

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How To Safely Use Sealants and Coatings During Construction

Construction Marketing

There are many different types of sealants and coatings used in building construction. When applying sealants and coatings to any surface, you need to make sure that you’re following the standard safety guidelines.

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A Guide To Building a Home With Metal vs. Wood

Construction Marketing

Homebuilding is done by building a single structure, usually referred to as a “home” for a family.

What Are The Popular Heavy Equipment Used On Most Jobs

Construction Marketing

No matter the size, any agricultural property, mining operation, or construction project needs heavy equipment. Of course, heavy equipment’s diversity in terms of applications and size can be of great help.

The 2 Types of Welding Helmets You Need To Consider

Construction Marketing

A welding helmet is arguably the most integral piece of protective equipment a welder must use. Aside from physically covering your face from sparks, a welding helmet also protects your vision from dangerous infrared and ultraviolet rays , which are emitted when welding.

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How To Build A Business Warehouse

Construction Marketing

The proper storage of goods is crucial for any business because it offers ample production support and provides opportunities for expansion.

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

Skepticism Abounds – It Can’t Happen to Me… or Can it?

FDR Safety

This blog utilizes research and data from a range of professional safety journals (i.e., Professional Safety) and research reports, and blends it with economic realities and common company leadership expectations.

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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