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You Can’t Treat Construction Claims Like Your Grandkids

Best Practices Construction Law

25, 2018) involved the construction of a biolab facility at Fort Detrick, Maryland. The contracting officer denied the claim, and the contractor appealed. As appellant concedes, design risk is transferred to contractors in the design-bid context, but not the risk of DSCs. Appeal of John C. Grimberg Co., 58791 (Oct.

Claims 62
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No Free Warranty: Connecticut Court Adopts Correction or Repair Test

Constructlaw

a Connecticut court considered for the first time whether the performance of warranty work tolls the statute of limitations on payment bond claims. s (ALS’s) bond claim because ALS admitted that it last performed non-warranty work on the project more than one year before filing suit, meaning the statute of limitations barred its claim.

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

Constructlaw

From 2001 to 2018, MZM made more than $500,000 in contributions to the Funds for MZM’s work at the Newark International Airport (which MZM completed in 2004) and other projects. However, in 2018, the Funds audited MZM’s contributions and concluded that MZM owed approximately $230,000 in outstanding contributions.

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Green Building Data Risk as an Opportunity

Green Building Law Update

The European Union has gone in another direction with the 2016 General Data Protection Regulation , applicable as of May 2018, updating and modernizing the principles enshrined in the 1995 Data Protection Directive which guarantee individual privacy rights in one’s personal data including “the right to be forgotten.” Because the U.S.

Green 120
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It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.

Construction and Infrastructure Law

On May 14, 2018, the California Supreme Court issued its opinion in United Riggers & Erectors, Inc. May 14, 2018). Instead, the parties’ disagreement concerned United Riggers’ demand for additional monies it claimed it was owed for the increased expenses it incurred as a result of Coast’s mismanagement of the project.

Claims 40
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There are More than 40 Million People in Modern Slavery

Green Building Law Update

A business saying though an ESG statement on their website that they are concerned about modern slavery may sound nice, but in 2021 when so many are talking about ESG, that claim will not resonate and quite frankly falls short of what a private enterprise should be doing to prevent these crimes. Additionally, it is suggested in the U.S.

Equity 257
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Arbitration Update – The 2021 ICDR Arbitration Rules: A Welcome Update for International Construction Arbitration

Constructlaw

While thoughtful arbitration clause drafting should generally enable parties to avoid confusion over which set of the ICDR/AAA rules should apply, the ICDR’s clarification of the term ‘international’ refines what parties should expect. 8(1)(a)); (2) all of the claims/counterclaims arise out of the same arbitration agreement (Art.