Constructlaw

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The Infrastructure Investment and Jobs Act: A Pivotal Moment for Water Public-Private Partnerships in the United States

Constructlaw

Introduction America’s water infrastructure has long faced a critical need for funding and modernization. According to the American Society of Civil Engineers, there is a $105 billion funding gap for drinking water and wastewater infrastructure projected over the next two decades. [1] The Infrastructure Investment and Jobs Act (IIJA) addresses this issue head-on, allocating $55 billion to water infrastructure — the largest federal investment of its kind in the nation’s history. [2] However, the

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Construction Arbitration

Constructlaw

Published in Practical Law The Journal on May 2, 2023. © Copyright 2023, Reuters News, publisher of Practical Law The Journal. Reprinted here with permission. Arbitration is the most widely used method of dispute resolution in the construction industry. Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts.

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Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause

Constructlaw

Fed. Eng’rs & Constructors Inc. v. Relyant Global LLC , No. 3:19-CV-73-KAC-JEM, 2022 U.S. Dist. LEXIS 95617 (E.D. Tenn., May 27, 2022) This case arises out of the renovation of a U.S. Air Force dormitory in Missouri. The U.S. Army Corps of Engineers hired Relyant Global LLC to act as the prime contractor. Relyant subcontracted with Federal Engineers and Constructors, Inc.

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NY Appellate Court Enforces Pay-If-Paid Provision Against Party With No Lien Rights

Constructlaw

Entech Engineering, P.C. v. Dewberry Engineers, Inc. , 204 A.D.3d 467, 167 N.Y.S.3d 55 (1st Dep’t 2022) The New York Supreme Court Appellate Division recently affirmed a ruling enforcing a pay-if-paid provision. Defendant Dewberry Engineers, Inc. (Dewberry) contracted with the New York City Economic Development Corporations’ Build-It- Back Hurricane Sandy Program to inspect homes for structural, asbestos, and lead paint issues.

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Troutman Pepper’s International Arbitration Handbook

Constructlaw

Globalization increasingly fosters complex cross border transactions and other international business relationships. These transactions and business dealings often give rise to disputes that are commonly resolved through international arbitration. International arbitration is a private dispute resolution process that largely resides outside of the courts of a particular jurisdiction.

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Federal Infrastructure Bill Paves the Way Toward More Transportation Infrastructure Public-Private Partnerships

Constructlaw

The $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) is poised to change how the United States views and implements public-private partnerships (P3s). At a high level, the IIJA encourages public entities to consider P3s and incentivizes private entities to engage in the P3 market by dismantling roadblocks that have prevented the widespread adoption of P3s in the U.S. — including by removing government red-tape, increasing the availability of federal funding, and delivering much needed

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Proposed Changes to NY RPAPL Section 881: A Big Win for Developers and Owners

Constructlaw

On February 28, the New York Senate passed Bill S8430A to amend New York’s Real Property Actions and Proceedings Law Section 881. The current version of Section 881, enacted in 1968, offers a developer judicial recourse when an owner or lessee of a neighboring building refuses access that a developer needs to improve or repair its own building. This judicial recourse comes in the form of a temporary license for access.