Proving Licensing Now Less Onerous in California

California has eliminated one of the requirements contractors must prove when invoking the “substantial compliance doctrine.” In most states, builders are required to maintain contractors’ licenses. The penalties for not doing so are very harsh. California’s statute is no exception. An article in Construction & Infrastructure Law Blog by Robert Sturgeon discusses the recent revision […]

Protecting Construction Claims

A reminder of common-sense methods to “preserve construction claims.” All experienced and successful contractors realize the importance of maintaining records of their business activities. Conflict resolution is an integral part of construction. Decisions must be made, in part, defensively, taking into account the need to be prepared for the ever-present possibility of litigation. A short […]

Opinion—Standing Rock Tests Our National Priorities

The Dakota Access Pipeline controversy illuminates the conflict between economic development and environmental/sociological priorities. The 1,172-mile Dakota Access oil pipeline being constructed at a cost of $3.8 billion by Energy Transfer Partners (ETP) will, if completed, transport approximately 470,000 barrels of oil a day from North Dakota to Illinois and Iowa. ETP has stated that […]

CSC Brings Leading Experts, Educational Sessions

ATLANTA – With more than 35 educational sessions and panels featuring 88 new speakers, Construction SuperConference (CSC) offers information and ideas for every level of professional. Kevin Gaffney, group show director, CSC: “The Construction SuperConference will offer you access to a wide variety of experts covering more than 20 topic areas.” The 2016 version of […]

Opinion—The New Reality: “Legislation” by Executive Decree

The executive branch not the legislative branch now creates most new federal laws. Two lengthy New York Times articles reprinted in the August 14, 2016, edition of the Santa Fe New Mexican discuss President Obama’s use of executive authority to enact hundreds of regulations that affect almost every aspect of American life. According to the […]

Boston and Millennium Partners Are Negotiating A $1B Multi-use Downtown Project

This project would be a catalyst for urban redevelopment and rejuvenation. The Boston Redevelopment Authority (BRA), after reviewing a number of proposals, has entered into negotiations with real estate developer, Millennium Partners, to build a $1 billion multi-purpose project in downtown Boston on the Winthrop Square Garage site located at 115 Winthrop Street. According to […]

Federal Court Upholds Contractual Language To Arbitrate In 30 Days

Courts almost never overturn arbitration agreements. Courts, for many years, have confirmed the sanctity of arbitration agreements. This was confirmed, once again, in a recent North Carolina case, Tribal Casino Gaming Enterprise v. W.G. Yates & Sons Construction Company et al, Civil Case No. 1:16-cv-0030-MR-DHL, U.S. Dist. Ct., W.D. North Carolina, Asheville Division, July 1, […]

Federal Transgender Bathroom Requirements Conflict With Local Codes

Conflicting code requirements make compliance difficult for contractors and owners. According to a recent study, “about 1.4 million adults in [this] country identify as transgender.” The federal government has stipulated that transgender individuals be allowed to use the public restroom that identifies with the gender of their choice. Some states and municipalities require these […]

A Litigant Can File Simultaneous Suits In State and Federal Court

A recent Tennessee Federal District Court case reveals there are exceptions to the Colorado River Doctrine. The general rule of law stipulates that a litigant cannot simultaneously file suit in both federal and state court when the cases are based on essentially the same facts and issues. This rule, known as the Colorado River Doctrine, […]

Opinion—The Economic Perils of Uncertainty

Continuing uncertainty regarding federal regulations is damaging our industry and the country. The key to running a successful construction business is planning. A well-planned project has a far greater chance of being completed on time and on budget than one lacking a detailed preliminary review of the scope of the work involved. The same is […]

Aging Drinking Water Infrastructure Creates Opportunities for Contractors

Antiquated, non-compliant drinking water systems throughout the country need upgrading. The code violations in the Flint, Mich., drinking water system that have led to disastrous health problems have raised public awareness concerning the challenges that confront public water utilities. The construction industry should and can help resolve this problem. We have the expertise and the […]

Negotiations Continue on the Miami Beach Light Rail System

Controversy surrounds the city’s selection process. Miami and Dade County, Fla., have been examining ways to improve and expand the area’s mass transit system for years. A number of concepts, some traditional, some innovative, have been proposed. An article in the March 3, 2016, edition of the Miami New Times by Kyle Munzenrieder outlines some […]

Texts Can Constitute Binding Contracts

Under certain circumstances, text exchanges can satisfy the statute of frauds. For hundreds of years, courts have required tangible proof that commercial and other contracts reflect a “meeting of the minds” by the parties to an agreement. In the Middle Ages, handwritten documents had to validated by signatures and wax seals impressed with the crest […]

A Review of Preliminary Notice Requirements

Timely filing is essential when serving a preliminary notice. Subcontractors and suppliers serve Preliminary Notices to ensure their right to file liens if they are not paid. This is standard procedure. A Preliminary Notice benefits contractors and owners, as well as subcontractors and materialmen, because it helps contractors record and track their accounts payable. It […]

Early Registration Now Open

ATLANTA – Early registration for the Construction SuperConference, the preeminent construction conference developed for mid- to senior-level professionals who work in any of the legal and commercial construction markets is now open. The show will return to the Encore at the Wynn Hotel in Las Vegas, from Dec 5-7, 2016. “CSC is in its 31st year serving […]