Constructlaw

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.

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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.

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.

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.

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.

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.

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.

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

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

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.

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.

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.

Robot roundup: 5 recent innovations in construction tech

Construction Dive

Here’s a look at a handful of robotic innovations that could be making their way to U.S. jobsites

Is Your Construction Data Selling Your Projects Short?

Surveyor

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

Job Order Contracting – The Legal Side

Building Information Management

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.

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How to Protect Your Construction Data in Uncertain Times: Part 1 of 2

Surveyor

Breaking down some of the construction data security best practices from a special Viewpoint webinar. Construction Best Practices

How Adding a Service Component Can Help Protect Your Business in Difficult Times

Surveyor

Expanding beyond construction by adding service work to your portfolio can both grow and protect your business. Construction Best Practices

Modular Monitor: The benefits of value engineering

Construction Dive

Optimizing a modular project requires early collaboration and a focus on design, experts say

A New and Improved Vista Experience

Surveyor

The Viewpoint Vista interface has been modernized to provide a better overall user experience. Viewpoint Technology

Tips for a Successful Webinar

Construction Marketing

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?

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Which face coverings are best for preventing jobsite coronavirus spread?

Construction Dive

While any mask will help mitigate the transmission of COVID-19, new research points out the types that maximize safety

Safety 111

New York's MTA needs billions in federal funding after COVID-19 crisis

Construction Dive

The transit authority's head of construction and development said federal money is crucial to preserving its historic capital plan

7 Key Ingredients of a Data-Driven Contractor

Surveyor

Does your company have all the right pieces to become a modern, data-driven contractor? Construction Best Practices

The Rise of BIM in the UK

Surveyor

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

BIM 169

Five Technology Trends Changing Everything

Contractor Magazine

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

BIM 349

Facebook building $800M Chicago-area data center

Construction Dive

During peak activity, the project, with Mortenson as its general contractor, will employ 1,200 construction workers

Virgin Trains affiliate strikes lease deal for SoCal high-speed rail to Las Vegas

Construction Dive

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

Addressing the Uncertainty over Construction Materials

Surveyor

It may soon be more important than ever to be able to track materials acquisitions, usage and waste in real time. Construction Best Practices

COVID-19 health screenings raise privacy considerations for contractors

Construction Dive

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

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Tech, stability may move Gen Z through the trades pipeline

Construction Dive

Coronavirus hasn't stopped contractors' recruitment efforts and in some ways is demonstrating the industry's growing technology use and its career opportunities

COVID-19 presents new challenges for minority-owned construction firms

Construction Dive

The coronavirus' economic fallout could make it more difficult to find minority-owned companies for public and other projects