Construction

  • April 20, 2018

    11th Circ. Affirms Sewage Not Pollution In Insurance Row

    The Eleventh Circuit upheld an Alabama federal court's ruling that a pollution exclusion in an insurance policy doesn’t apply to property damage and injuries from a sewage leak, saying Friday the lower court rightly drew comparisons to a past case that reached the same conclusion.

  • April 20, 2018

    NY Wheel Dismissal Ruling Put Off For Renewed Mediation

    A Delaware judge on Friday put off until next week ruling on the dismissal of the Chapter 11 case of the bankrupt design and build team for the proposed New York observation wheel, after attorneys for the team said they had restarted negotiations with the project’s developer.

  • April 20, 2018

    Health Hires: Goodwin, Shook Hardy, Michael Best, Orrick

    The latest firms to expand their life sciences and health care abilities are Goodwin Procter LLP, Shook Hardy & Bacon LLP, Michael Best & Friedrich LLP, Orrick Herrington & Sutcliffe LLP, Harter Secrest & Emery LLP, Eversheds Sutherland and Cole Schotz PC.

  • April 20, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a contract dispute erupt between Russia's Sberbank and a fellow state-controlled bank in Azerbaijan, Greece's Alpha Bank sue more than a dozen Lloyd's syndicates, and underwriters and Lit Securities take on Morgan Stanley.

  • April 20, 2018

    Fed. Circ. Says Taking Claim Fails In Katrina Flooding Fight

    The federal government can’t be held liable for damage caused by Hurricane Katrina-related flooding under the Fifth Amendment based on lackluster maintenance of a navigation channel, the Federal Circuit ruled Friday, reversing a U.S. Court of Federal Claims decision.

  • April 20, 2018

    Black & Decker Licensing Suit Filed Too Late, 4th Circ. Says

    The Fourth Circuit on Thursday refused to revive an antitrust suit accusing Black & Decker Corp. and a host of other table-saw makers of conspiring not to license technology from SawStop LLC, saying SawStop had waited too long to sue.

  • April 20, 2018

    Court Nixes Hospital's $115M Bonds To Build Outside District

    A Florida judge has denied Halifax Hospital Medical Center's validation request for $115 million in bonds, finding the issuance unlawful because it is for a project outside of the special taxing district's geographical bounds, a decision that could have a big impact on other taxing districts in the state.

  • April 20, 2018

    Famed Japanese Chef Says Insurance Broker Failed Him

    Tetsu, the latest restaurant created by renowned Japanese chef Masayoshi “Masa” Takayama, has sued its trusted insurance broker in New York state court, claiming the firm failed to adequately cover the eatery for lead-related claims.

  • April 19, 2018

    Workmanship Exclusion Gets Insurer Off Hook In Fishery Row

    Rockhill Insurance Co. does not have to pay an arbitration award of nearly $900,000 with which an insured was hit for designing a shoddy river modification, after a Colorado federal court found that a faulty-workmanship exclusion in the insured's professional liability policy applies.

  • April 19, 2018

    Senate Finance Leaders Want Tariff Exclusions Smoothed Out

    The U.S. Department of Commerce should improve the procedures that businesses must follow for securing a reprieve from the Trump administration’s sweeping tariffs on steel and aluminum to ensure that due process is followed, the heads of the Senate Finance Committee asserted on Thursday.

  • April 19, 2018

    NJ Panel Revives Claims Against Cos. In Turnpike Death Suit

    A New Jersey appeals court on Thursday revived claims in a wrongful death suit over a fatal accident during a New Jersey Turnpike resurfacing project amid a dispute over the role of an engineer at the time and whether negligence claims can be asserted against two contractors.

  • April 19, 2018

    9 Cos. Indicted For NYC Water Contracts Bribery Plot

    Manhattan District Attorney Cyrus Vance indicted nine construction management companies and a dozen people Wednesday for an alleged bribery scheme that gave the businesses an unfair edge on more than $177 million in New York City water infrastructure deals.

  • April 19, 2018

    11th Circ. Says Hydroelectric Co. Deserved To Lose License

    A hydroelectric company's license to generate power at a Georgia dam was lawfully revoked by a federal agency in response to the company's failure to construct a fishway it promised in exchange for receiving permission to increase its generating capacity, the Eleventh Circuit ruled on Wednesday.

  • April 19, 2018

    ENGlobal, NASCO Denied Quick Wins In Plant Contract Row

    A Texas federal judge on Thursday refused to toss Native American Services Corp. counterclaims lobbed at ENGlobal U.S. Inc. in a dispute over a biomass power plant project contract, finding there was conflicting evidence relevant to deciding if either party breached the deal.

  • April 19, 2018

    Russia Joins WTO Fray Over US Steel, Aluminum Tariffs

    The Russian government added its name Thursday to the growing list of countries questioning the Trump administration’s national security-based tariffs on steel and aluminum, following the lead of numerous other nations that have opted to treat the duties as safeguard measures.

  • April 18, 2018

    A Flood Of Tariff Exemption Bids Is Giving Attorneys Fits

    As importers and foreign producers scramble for a reprieve from the Trump administration’s sweeping tariffs on steel and aluminum, attorneys are beginning to confront the challenges in navigating a bureaucratic process that has already been overrun with a wave of exclusion requests.

  • April 18, 2018

    India Eyes Spot In China-US Trade Standoff

    India urged China to let it join Beijing’s challenge at the World Trade Organization over President Donald Trump’s tariffs on imported steel and aluminum, the same day the WTO unsealed documents detailing that the Trump administration would honor China’s request to hold bilateral talks.

  • April 18, 2018

    Real Estate Rumors: Tishman, Venture X, Acore

    Tishman has reportedly landed $380 million in construction financing for a Brooklyn residential condo project from a lender syndicate that includes Starwood Property Trust, co-working company Venture X is said to be taking 12,500 square feet in West Palm Beach, and Acore Capital has reportedly loaned $43.2 million for a Maryland Westin hotel.

  • April 18, 2018

    Construction Co. Ordered To Pay $10M In Gold Mining Row

    A Virginia federal judge on Wednesday ordered a Seychelles-based mining contractor to pay more than $10 million in arbitral awards and fees to a Liberian mining company in a dispute over a gold mine project, agreeing with a magistrate judge's recommendation from earlier this month.

  • April 18, 2018

    Surveyor Co. Settles Its Unpaid NY Construction Work Claims

    Layout Inc. and two related companies that fabricate and assemble steel and precast concrete panels on Tuesday filed a $275,000 proposed deal to settle the surveyor provider’s allegations that it hadn’t been paid hundreds of thousands of dollars for work done on a pair of New York City construction projects.

Expert Analysis

  • New Remedial Actions For Tax-Advantaged Bonds And P3s

    Travis Gibbs

    Under an IRS revenue procedure issued on April 11, 2018, issuers of tax-advantaged bonds have new remedial actions available to them to cure unqualified uses that previously would result in loss of tax-advantaged status. Attorneys at Nixon Peabody LLP explain the new procedures.

  • Update For Gov't Contractors On Settled Suit Cost Recovery

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    Since the Federal Circuit's 2009 decision in Geren v. Tecom, the allowability of government contractor settlement costs incurred in just about any type of third-party lawsuit has been unclear. But this month the U.S. Court of Federal Claims had the opportunity to analyze the Tecom standard in Bechtel v. U.S., say Steven Masiello and Tyler Thomas of Dentons.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Status Update On 'One Federal Decision' Project Reviews

    Raya Treiser

    Last week, a dozen federal agencies signed a memorandum of understanding committing to a more coordinated and streamlined federal review process. But because there have been no changes to underlying statutory requirements, each agency will still have to determine that a project review meets its respective legal obligations, say Raya Treiser and Nathaniel Custer of WilmerHale.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Examining Due Process For Immigrant Workers' Comp Claims

    Agota Peterfy

    Can an unauthorized immigrant living in the U.S. who is injured at work due to inadequate equipment or facilities or lack of appropriate safety protocols seek legal redress? The U.S. Constitution says undoubtedly yes, while years of practice cloud that position with doubt, say Agota Peterfy and Tyler Schwettman of Brown and James PC.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Why Texas Contractors Should Watch Lon Smith V. Key

    Brett Wallingford

    Many Texas contractors offer to handle insurance claims for their homeowner customers, but the Texas Supreme Court is currently considering whether to hear an appeal of a case that could deem such actions illegal, rendering their contracts void and unenforceable, says Brett Wallingford of Zelle LLP.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.