New Jersey Legislature Introduces Bill to End One-Sided Employment Agreements

The bill appears to be a response to the #MeToo movement. The #MeToo movement has exposed numerous instances of payments to individuals, primarily women, who have received cash settlements in return for keeping silent about the harassment they have endured while at work. These agreements are an effort by the companies that employ these women […]

DACA Injunction Creates Challenges for Employers

The termination of the DACA program may potentially remove hundreds of thousands of workers from the workforce. The Deferred Action for Childhood Arrivals (DACA) program created a legal status for children of illegal immigrants that allows them to remain in the United States even though they have not acquired U.S. citizenship. According to an article […]

Attorneys’ Fees for Prevailing Parties

Virginia has expanded the ability of prevailing parties in construction disputes to receive attorneys’ fees. Under the “American rule,” the prevailing party in a construction dispute can obtain reasonable attorneys’ fees if the construction contract provides for this. As the Hirschler Fleischer Construction Law Blog explains, “For many years, however, many courts—including Virginia state courts— […]

Litigation Funding for Contractors

A rapidly developing option for covering litigation expenses. An article in ENR magazine by Scott Van Voorhis and Richard Korman discusses litigation funding by “hedge funds and other investors betting they can earn a sizable return financing an activity that, if not exactly loved, is a fact of life in construction and engineering: litigation.” Construction […]

Thank you for joining us at CSC 2017!

We’d like to thank everyone who came to this year’s Construction SuperConference in Las Vegas! We hope you were informed, inspired, and discovered new ideas and solutions for your projects and facilities, while catching up and connecting with peers. “We’ve already received overwhelmingly positive feedback from attendees about the information they learned in the conference […]

Opinion—Sexual Harassment in the Construction Industry

By Don Wallis Top management must initiate and enforce company regulations that protect all their employees. TIME Magazine’s Person of the Year Award for 2017 acknowledges the efforts of the “Me Too” movement to expose and reduce sexual harassment in the workplace. Most companies have either formal or informal rules that address this issue. The […]

The AIA Design and Construction Contract Forms Have Been Revised

This is the first revision in 10 years. The American Institute of Architects (AIA) design and construction contract forms are probably the most widely used contracts in the construction industry. They define the legal relationships between the Owner, the Contractor, and the Architect. The obligations, and the recourse each party has if the other parties […]

Terms of Subcontract Signed After a Project is Complete Can Be Applied Retroactively

Conditions precedent must be proven.   An article in Florida Construction Update by Sanjo S. Shatley contains a detailed account of Fifth District Court of Appeal’s decision in Don Facciobene, Inc. v. Hough Roofing , Inc., Case Nos. 5DI5-1527, July 21, 2107, in which the court “addressed the issue of retroactive application of a construction subcontract […]

There are Limits to the Economic Loss Doctrine

Liability does not extend to vendors supplying product information. A recent post on the Babst/Calland Construction Law Blog discusses an unreported decision by the U.S. District Court for the Eastern District of Pennsylvania in which the Court ruled that the economic loss doctrine does not apply to manufacturers and suppliers providing product information to design […]

Ideagility Has a Simple Message for CSC Attendees – Be Found

In the 21st century, it’s not enough to be great at your business if customers can’t find you. For many of those customers, the search begins online. Janet Quinn, CEO and owner of Ideagility (Portland, Ore.) understands this simple fact. “Ideagility was founded in 2010 with the sole purpose of serving small business owners who […]

Opinion—Estimating and Project Management Remain the Key to Success

By Don Wallis. Field operations cannot succeed without competent office support. According to Elizabeth Sanborn, chief operating officer at Independent Project Analysis, Inc., “about two-thirds of [construction] projects over $1 billion fail compared to smaller projects’ 40% failure rate.’’ These astonishing statistics are included in an article in Engineering News-Record co-authored by Debra K. Rubin, […]

Common-Enterprise Defense Precludes Second Recovery for Injury

A Minnesota decision explains the requirements for a successful common-enterprise defense. The workers’ compensation statute protects contractors by providing that an employee, or his family, who has received workers’ compensation under the provisions of one contractor’s policy cannot also obtain compensation from a second contractor if the activity that caused the injury is an activity […]

The Lack of Green Building Litigation

The reason why formal litigation in green construction is relatively rare. Green, or more precisely, sustainable construction, has for a number of years accounted for an increasing amount of the construction market both in terms of project starts and money invested. One would think this increase would have resulted in a comparable increase in lawsuits […]

Ninth Circuit Requires Federal Government to Contribute to Superfund Payment

Ninth Circuit holds that the District Court exceeded its discretionary powers. The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) authorized the creation of a Superfund to remove polluted material from toxic waste sites. These projects are extremely expensive. Often they are undertaken years, sometimes decades, after the parties responsible for the pollution used the […]