The Construction SuperConference is now accepting proposals for the annual event to be held December 10-12, 2018, in Las Vegas at the Encore at Wynn. The Construction SuperConference is regarded as one of the leading industry events for construction owners, contractors, general counsel, and construction attorneys. All presentation proposals are due no later than Friday, March […]
By Don Wallis. The recent Supreme Court decision adds more uncertainty to the issue. During the Obama administration, the U.S. Environmental Protection Agency (EPA) expanded its powers under the Waterways of the United States (WOTUS) Act to include virtually any water anywhere in the country no matter how remote from the “navigable waters of the […]
The New Jersey regulations are stricter than the federal law addressing the same issue. Under federal law, all employers with over 50 employees must comply with regulations that make it illegal to discriminate against employees who are breastfeeding. New Jersey has passed legislation that provides even stronger civil rights protection for breastfeeding employees. Christopher M. […]
AB 1701 places the burden on direct contractors to protect themselves from these claims. The 2017 California Legislature passed AB 1701 making direct contractors (contractors dealing directly with owners) responsible for the wage obligations of their subcontractors. An article in California Construction Law Blog by Garret Murai outlines the provisions of the new law and […]
The Seventh Circuit reaffirms an arbitrator’s power to rule on questions of fact. A recent federal case in Illinois, Laborers’ Fund v. W.R. Weis Company, Inc., F.3d, 2018, WL 316555 (7th Cir. Jan. 8, 2018), has confirmed that the long-standing ability of arbitrators to rule on questions of fact applies in withdrawal liability disputes. As […]
A recent Illinois decision ruled in favor of the insurer. Policyholders occasionally request that insurers allow them to choose their own counsel rather than the “panel defense counsel” the insurer normally appoints to defend cases. Insurance companies typically are loath to agree to this request. An article in NOSSAMAN’S INSURANCE RECOVERY REPORT by Joan Cotkin […]
Atlanta – Kevin Gaffney, director, CSC: “Enjoy a look back at some of the great moments from the 2017 Construction SuperConference” “It’s not too early to begin thinking about attending the 2018 Construction SuperConference”, says Kevin Gaffney, CSC conference director. The 2018 Construction SuperConference, to be held Dec. 10-12 in Las Vegas at the Encore […]
By Don Wallis. Congress continues to pass stopgap budgets every few months with no reasonable expectation of drafting a long-term budget. As of today, it appears there is no chance Congress will pass a long-term budget before the Friday deadline and increasingly less likelihood they will agree upon an interim budget. This is the fourth […]
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 […]
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 […]
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— […]
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 […]
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 […]
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 […]
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 […]