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 c

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 ac

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

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 harassm

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,

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, Ju

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

Ninth Circuit Reaffirms the Expansive Interpretation of “Navigable Waterways of the U.S.” Under the CWA

The court rejected the defendant’s claim he was unaware of the scope of the Act. The vastly expanded interpretation of what constitutes “navigable waterways of the United States” under the Clean Water Act (CWA) is often cited as an example of g

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. “Ideag