Constructlaw

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.

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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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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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.”

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.

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.

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.”

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.

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.

Huh? Ugh! LOL: The Top Ten-tions 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.

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

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.

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 arbitratio

International Arbitration Experts Discuss The Future Of Arbitration

Constructlaw

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

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

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

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.

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.

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.

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.

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.

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.

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”).

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.

Another Major Project Halted Under the Clean Water Act

Constructlaw

The Army Corps of Engineers denied a construction permit for Alaska’s Pebble Mine project to proceed in accordance with the Clean Water Act (CWA). [1] 1] Excavation of Pebble Mine — a sprawling depository of gold, copper, and molybdenum — would discharge fill material and dredge into U.S. waterways. The project’s developers applied for a permit under the CWA, requiring the Army Corps to assess the project’s potential impact on nearby bodies of water.

International Arbitration Experts Discuss The Impact On The Global Economy

Constructlaw

Mealey’s International Arbitration Report – Nov. Editor’s Note: Copyright # 2020, LexisNexis. All rights reserved.]. Commentary by Troutman Pepper Partner Albert Bates, Jr. Mealey’s International Arbitration Report recently asked industry experts and leaders for their thoughts on what events had an impact on global economy that have led to an increase in filings. We would like to thank the following individuals for sharing their thoughts on this important issue.

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.

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.

Arbitration Update – The 2021 ICDR Arbitration Rules: A Welcome Update for International Construction Arbitration

Constructlaw

Originally published on International Bar Association. 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

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.

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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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.

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.