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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
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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.
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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
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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
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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 ena
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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 b
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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 & S
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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.” www.latimes.com The federal government has stipulated that tran
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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