Call For Presentations 2018 Construction SuperConference

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 […]

Opinion—The Waters of the US Controversy Continues

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 Power of Arbitrators in Construction Litigation Reaffirmed

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 […]

Insurance Companies Can Limit Insured’s Right to Independent Counsel

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 […]

Construction SuperConference 2017 Brings Together the Best and Brightest!

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 […]

Opinion—The piecemeal federal budget is a disservice to the country

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 […]

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 […]