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Construction

  • June 21, 2018

    7th Circ. Says Ex-Housing Agency Worker's Status Is Unclear

    The Seventh Circuit reversed a lower court's decision that found an Illinois affordable housing authority properly classified a handyman as an independent contractor under the Fair Labor Standards Act, saying Wednesday the case “abounds” with factual questions about his employment status.

  • June 21, 2018

    Florida Construction Co. Prez, VP Face 20 Years For Fraud

    The president and vice president and of a Florida-based construction company have been charged with defrauding low-income housing development program Miami-Dade Public Housing and Community Development and face up to 20 years in prison, the U.S. Attorney for the Southern District of Florida said on Thursday.

  • June 21, 2018

    FERC Says 4th Circ. $3.5B Pipeline Fight In Wrong Venue

    The Federal Energy Regulatory Commission asked the Fourth Circuit to throw out a challenge to its decision to allow construction on the $3.5 billion Mountain Valley Pipeline, saying now that authorization for the pipeline is finalized, all appeals belong before the D.C. Circuit.

  • June 21, 2018

    L Train Project Opponents Want Enviro Review Docs

    A coalition of Manhattan residents and co-ops suing over a plan to shut down the L train and repair a related tunnel told a New York federal judge Wednesday that the Federal Transportation Administration and the Metropolitan Transportation Authority must hand over information concerning environmental clearances that were withdrawn after the lawsuit began.

  • June 20, 2018

    $22M Arbitral Award In Panama Canal Row Upheld

    A Florida federal judge refused to vacate a more than $22 million arbitral award against a Panama Canal contractor after ruling that the bid by the designer and builder of a set of locks on the waterway to toss the award came too late.

  • June 20, 2018

    Allstate Must Face Conn. Homeowners' Bad Concrete Suit

    Allstate Insurance Co. must face a lawsuit alleging it wrongfully denied coverage for damage to a Connecticut couple's home tied to a defective concrete foundation, a federal judge ruled Wednesday, in the latest decision in a wave of insurance disputes over faulty foundations that has swept the state.

  • June 20, 2018

    Westinghouse Moves To Ax $262M In Fluor Contract Claims

    The lawyers tending to the Chapter 11 estate of Westinghouse Electric filed court papers on Tuesday asking a New York bankruptcy judge to reject $262 million in creditor claims by Fluor Enterprises Inc., saying the nuclear project contractor is seeking unearned work fees stemming from canceled agreements.

  • June 20, 2018

    Construction Co. Asks 3rd Circ. To Rehear Insurance Row

    Lenick Construction Inc. on Wednesday asked the Third Circuit for one more chance to prove that a faulty construction lawsuit should be covered by its insurance, saying the appeals court got it wrong when it refused to consider a report that shows some materials may have been damaged before Lenick installed them.

  • June 20, 2018

    Missing Docs Mean Builder Must Follow New Reg: NJ Justices

    A New Jersey developer is not protected by a rule requiring a municipality to follow regulations in effect when an application is filed because the builder did not include all of the requisite documents in submitting its proposal, that state's Supreme Court said Wednesday in affirming a lower court ruling.

  • June 20, 2018

    NJ County Loses Fee Bid In Fatal Construction Accident Row

    A New Jersey state appellate court ruled Wednesday that Middlesex County couldn’t require a construction company and an engineering consultant to cover its legal expenses in a suit brought by the family of a worker who died after an accident at a bridge construction site.

  • June 20, 2018

    Tenant Groups Want Voices Heard After NYCHA Reform Deal

    Two tenant advocacy organizations have asked to take part in litigation over the New York City Housing Authority's alleged failure to comply with certain federal health and safety regulations, telling a New York federal judge Tuesday that a deal reached in the case does not adequately protect residents' rights.

  • June 20, 2018

    K. Hov Unit Not Liable For Worker Death, Texas Court Says

    A Dallas appeals court has backed a ruling that a K. Hovnanian unit couldn't be held responsible for a worker's death, saying the lower court rightfully concluded the building contractor did not have direct control over the worker's activities and thus didn't have a duty to ensure his safety.

  • June 19, 2018

    LA Suburb Sued Over Clippers Arena Exploratory Plans

    Exploratory plans for the L.A. Clippers to build an arena in the California city of Inglewood drew a lawsuit Tuesday from a citizen group that says it's illegal for the city to provide the team with a home while denying its own citizens access to that land amid a housing-affordability crisis.

  • June 19, 2018

    US Trustee Challenges Navillus' Ch. 11 Equity Auction

    The federal bankruptcy watchdog on Tuesday blasted construction heavyweight Navillus Tile Inc.’s plan to auction off its equity with a $500,000 opening bid, saying the proposed bidding procedures give too much protection to the stalking horse bidder — who is also Navillus’ CEO.

  • June 19, 2018

    Tribe Sues Contractor Over Alleged Hydro Project Delays

    The Native Village of Chignik Lagoon hit Orion Marine Contractors Inc. and Liberty Mutual with a lawsuit in Alaska federal court Monday over the contractor's allegedly late and deficient construction work on a hydroelectric project.

  • June 19, 2018

    Real Estate Rumors: Beacon, Grand Peaks, Isaac Schwartz

    Beacon Capital is reportedly close to a deal to buy a Chicago office tower for $182 million, Grand Peaks Properties is said to have dropped $65.6 million on a Florida apartment complex, and developer Isaac Schwartz has reportedly landed a $55 million loan for a Brooklyn residential and retail project.

  • June 19, 2018

    White House Mulling Big NEPA Changes

    The Trump administration said Tuesday it was considering major changes in how the nation’s cornerstone environmental law is implemented with an eye toward streamlining permitting processes, prompting howls of criticism from green groups.

  • June 19, 2018

    Italian Co. Must Face Suit In Fla., Hurt Dancer Tells Justices

    A Canadian cruise ship performer injured in an onboard accident urged the Florida Supreme Court on Monday to review a ruling that the ship's Italian builder cannot be brought into court in the Sunshine State, saying it unfairly heightened requirements and conflicted with prior decisions.

  • June 19, 2018

    ShopRite Operator On Losing Streak In Battle Over Wegman's

    The New Jersey Appellate Division on Tuesday rejected a ShopRite operator's challenge to an environmental permit for road construction to redirect traffic, marking the latest defeat in the supermarket chain’s long-running series of legal challenges to a planned Wegman’s supermarket.

  • June 19, 2018

    Union Bosses Sat On Sex Harassment Charge: NY Carpenters

    Two members of a carpenters union told a New York federal court Monday that the union's leadership didn't inform members about allegations that the union president had sexually harassed a female employee until after he won re-election in December.

Expert Analysis

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • Opinion

    US Trading Partners Defy The Rules They Claim To Support

    Alan Price

    In March, President Donald Trump imposed tariffs on steel and aluminum imports pursuant to Section 232 of the Trade Expansion Act of 1962. Subsequently, the European Union and certain other trading partners asserted that they could immediately retaliate — contradicting the World Trade Organization rules they claim to champion, say Alan Price and Robert DeFrancesco of Wiley Rein LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Wash. Tribes' High Court Win Raises Treaty Rights Concerns

    Lee Redeye

    Last week, the U.S. Supreme Court affirmed a major win for Washington tribes in Washington v. United States. However, the nature of the Supreme Court's affirmation — a 4-4 split without a written decision — means that its precedential value is questionable, says Lee Redeye of Lippes Mathias Wexler Friedman LLP.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Pre-Mediation Caucuses May Improve Mediation Efficiency

    Thomas Elkind

    The more procedural tools a mediator can offer, the higher the likelihood that a mediation will be successful. Mediators should be prepared to employ pre-mediation initial caucuses in appropriate cases, says JAMS mediator and arbitrator Thomas Elkind.

  • Contractors Must Look For Potential Claims Before Payment

    Justin Scott

    A contract dispute between the Army Corps of Engineers and Merrick Construction illustrates the importance of proper record-keeping and documentation throughout the life of a construction project. Otherwise, potential claims may fall through the cracks, especially when a critical employee leaves the project and responsibility must be transferred to someone else, says Justin Scott of Bradley Arant Boult Cummings LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.