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Ted R. Gropman Cindy J. Lee On April 17, the California Court of Appeal decided Crosno Construction, Inc. MORE
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 MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
The transit authority's head of construction and development said federal money is crucial to preserving its historic capital plan MORE
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. MORE
40 
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? MORE
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. MORE
40 
The 2020 BIM Report by NBS shows a continued increase in the adoption of BIM principles and technology across the United Kingdom. Construction Best Practices MORE
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. MORE
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. MORE
40 During peak activity, the project, with Mortenson as its general contractor, will employ 1,200 construction workers MORE
The coronavirus' economic fallout could make it more difficult to find minority-owned companies for public and other projects MORE
123 Optimizing a modular project requires early collaboration and a focus on design, experts say MORE
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. MORE
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. MORE
While employee screenings and temperature checks are best practices for keeping coronavirus at bay, there are legal implications that construction firms need to be aware of, according to experts MORE
It may soon be more important than ever to be able to track materials acquisitions, usage and waste in real time. Construction Best Practices MORE
With COVID-19, many companies must think outside the box to keep their engagement high. There is no better time than today to start planning your next webinar. Here are 10 successful webinar tips. Know you attendees. Consider these three questions: Who will be attending? MORE
United States Army Corps of Engineers v. John C. Grimberg Co., Inc., 2019-1608, 2020 BL 215269 (Fed. MORE
Does your company have all the right pieces to become a modern, data-driven contractor? Construction Best Practices MORE
From our October issue. BIM is still king, but watch out for augmented reality, 3D printing, and much more. Our interview with industry tech evangelist Sean McGuire, aka the @MCAAGeek MORE
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. MORE
DesertXpress Enterprises LLC will pay California $842,000 each year to lease the right of way on Interstate 15. Meanwhile, the California High-Speed Rail Authority's $100 billion bullet train project has appeared to have stalled MORE
When it comes to project status review meetings, a lack of good data can lead to headaches. Here's how the right technology can help. Construction Best Practices MORE
338 Here’s a look at a handful of robotic innovations that could be making their way to U.S. jobsites MORE
Breaking down some of the construction data security best practices from a special Viewpoint webinar. Construction Best Practices MORE
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. MORE
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. MORE
This is an example of Job Order Contracting from a legal perspective and that of a school district in Texas. This is NOT intended as ANY form of legal advice or counsel, but simply to share information relative to efficient construction project delivery methods. source: [link]. Magnolia ISD 170906. MORE
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. MORE
Coronavirus hasn't stopped contractors' recruitment efforts and in some ways is demonstrating the industry's growing technology use and its career opportunities MORE
Expanding beyond construction by adding service work to your portfolio can both grow and protect your business. Construction Best Practices MORE
169 
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”). MORE
Constructlaw
JULY 8, 2020
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.
Constructlaw
JULY 6, 2020
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.
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Constructlaw
JUNE 25, 2020
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.
Constructlaw
JUNE 23, 2020
United States Army Corps of Engineers v. John C. Grimberg Co., Inc., 2019-1608, 2020 BL 215269 (Fed.
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Constructlaw
JUNE 22, 2020
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.
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Constructlaw
JUNE 1, 2020
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”).
Constructlaw
MAY 12, 2020
Ted R. Gropman Cindy J. Lee On April 17, the California Court of Appeal decided Crosno Construction, Inc.
Constructlaw
JUNE 25, 2020
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.
Constructlaw
APRIL 6, 2020
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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How mobile technology can mitigate risk, save money, and provide a competitive advantage.
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Constructlaw
JUNE 11, 2020
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.
Constructlaw
JUNE 3, 2020
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.
Constructlaw
APRIL 9, 2020
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.
Constructlaw
MAY 1, 2020
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.
Constructlaw
APRIL 24, 2020
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
Constructlaw
APRIL 2, 2020
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.
Constructlaw
MARCH 27, 2020
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.
Constructlaw
MARCH 24, 2020
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.
Constructlaw
DECEMBER 17, 2019
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?
Constructlaw
DECEMBER 6, 2019
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.
Construction Dive
JULY 1, 2020
Here’s a look at a handful of robotic innovations that could be making their way to U.S. jobsites
Surveyor
JULY 1, 2020
When it comes to project status review meetings, a lack of good data can lead to headaches. Here's how the right technology can help. Construction Best Practices
Building Information Management
NOVEMBER 18, 2015
This is an example of Job Order Contracting from a legal perspective and that of a school district in Texas. This is NOT intended as ANY form of legal advice or counsel, but simply to share information relative to efficient construction project delivery methods. source: [link]. Magnolia ISD 170906.
Surveyor
JUNE 23, 2020
Breaking down some of the construction data security best practices from a special Viewpoint webinar. Construction Best Practices
Surveyor
JULY 9, 2020
Expanding beyond construction by adding service work to your portfolio can both grow and protect your business. Construction Best Practices
Construction Dive
JULY 6, 2020
Optimizing a modular project requires early collaboration and a focus on design, experts say
Surveyor
JULY 8, 2020
The Viewpoint Vista interface has been modernized to provide a better overall user experience. Viewpoint Technology
Construction Marketing
APRIL 27, 2020
With COVID-19, many companies must think outside the box to keep their engagement high. There is no better time than today to start planning your next webinar. Here are 10 successful webinar tips. Know you attendees. Consider these three questions: Who will be attending?
Construction Dive
JULY 9, 2020
While any mask will help mitigate the transmission of COVID-19, new research points out the types that maximize safety
Construction Dive
JULY 7, 2020
The transit authority's head of construction and development said federal money is crucial to preserving its historic capital plan
Surveyor
JUNE 4, 2020
Does your company have all the right pieces to become a modern, data-driven contractor? Construction Best Practices
Surveyor
JULY 7, 2020
The 2020 BIM Report by NBS shows a continued increase in the adoption of BIM principles and technology across the United Kingdom. Construction Best Practices
Contractor Magazine
OCTOBER 1, 2018
From our October issue. BIM is still king, but watch out for augmented reality, 3D printing, and much more. Our interview with industry tech evangelist Sean McGuire, aka the @MCAAGeek
Construction Dive
JULY 6, 2020
During peak activity, the project, with Mortenson as its general contractor, will employ 1,200 construction workers
Construction Dive
JULY 8, 2020
DesertXpress Enterprises LLC will pay California $842,000 each year to lease the right of way on Interstate 15. Meanwhile, the California High-Speed Rail Authority's $100 billion bullet train project has appeared to have stalled
Surveyor
MAY 7, 2020
It may soon be more important than ever to be able to track materials acquisitions, usage and waste in real time. Construction Best Practices
Construction Dive
JUNE 29, 2020
While employee screenings and temperature checks are best practices for keeping coronavirus at bay, there are legal implications that construction firms need to be aware of, according to experts
Construction Dive
JUNE 22, 2020
Coronavirus hasn't stopped contractors' recruitment efforts and in some ways is demonstrating the industry's growing technology use and its career opportunities
Construction Dive
JUNE 30, 2020
The coronavirus' economic fallout could make it more difficult to find minority-owned companies for public and other projects
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