The Supreme Court of Western Australia has issued an order freezing AU$20 million ($14.9 million) in a Duro Felguera SA subsidiary’s assets, pointing to concerns that the Spanish engineering and construction company’s unit wouldn’t otherwise be able to satisfy a potential judgment in arbitration proceedings related to an iron ore project.
Surety and insurance provider The Guarantee Co. of North America USA slapped a Houston-area construction firm with a lawsuit in Texas federal court Tuesday, claiming it owes millions of dollars after failing to meet certain obligations under bonds associated with a residential building project.
The Fourth Circuit on Monday deep-sixed a Maryland property owner’s attempt to block a funeral home and mortuary from going up near his home, saying the business had obtained the necessary Clean Water Act permits, leaving no grounds on which to challenge construction.
Westinghouse Electric Co. LLC asked a New York bankruptcy court Monday to let the nuclear power company provide several hundred employees with bonus payments totaling up to $19.6 million if it reaches certain performance milestones, adding that the incentives would help boost its performance.
Louisiana’s Department of Natural Resources violated state law when it gave the developer of a crude oil pipeline linked to the controversial Dakota Access pipeline a coastal use permit allowing the project to cross through 11 parishes in Southern Louisiana, a state judge has ruled.
Rhode Island-based construction company Gilbane Building Co. has launched a lawsuit in New York state court alleging that a subcontractor failed to provide skilled workers or proper equipment for two projects as part of separate $9.05 million and $6 million subcontracting agreements, before going out of business prior to the projects' completion.
The Eleventh Circuit on Monday ruled that a constitutional law suit filed by two Boca Raton residents over the construction of a Jewish religious center near their homes is moot after a Florida state court struck down approval of the site’s building plans in a separate case.
The federal government on Tuesday unsealed an indictment seeking forfeiture of $1.1 million from two Honduran citizens who allegedly engaged in a scheme that facilitated the employment of undocumented immigrants to contractors and subcontractors and garnered an estimated $27 million.
Whether they’re committed to construction law or also engaged in other practice areas, lawyers will go to the mat for the relative merits of their chosen path, but the key to a healthy construction practice likely comes from a willingness to admit one’s weaknesses and seek help from others in times of need.
In the burgeoning U.S. construction market, companies appear to be more focused on making deals and stacking steel than duking it out in court, but there are still several lawsuits worth paying attention to, attorneys say. Here, Law360 takes a look at three cases attorneys have their eyes on.
A mother and daughter on Saturday came down from tree stands they had occupied for more than a month to fight Mountain Valley Pipeline LLC’s $3.5 billion natural gas pipeline, hours after a Virginia federal judge held them in civil contempt for interfering with the developer’s work on the project.
A recently advanced effort to hold a Sunoco Inc. unit liable for violations of the Pennsylvania Constitution over a controversial pipeline project highlights what attorneys say is continued uncertainty around the so-called environmental rights amendment, which was reinvigorated by the state’s Supreme Court last year.
A California appeals court Friday reversed a trial jury's judgment that found DeSilva Gates Construction LP completely at fault for a subcontractor employee's personal injury damages of $4.2 million, finding that multiple references to an indemnity agreement had prejudiced the jury.
An Oregon federal court on Monday dismissed a suit brought by a concrete curb construction provider against a now-defunct seller and its successor over the purchase of a defective paving machine, finding that the dispute must be resolved via arbitration as outlined in the sales agreement.
The Federal Circuit on Monday reversed a Court of Federal Claims decision ordering the government to pay the leaseholders of a demolished Dallas airport terminal $133.5 million plus interest, saying the property’s destruction did not amount to a regulatory taking that would’ve warranted just compensation.
A Liberty Mutual insurance unit on Monday launched a lawsuit in Texas federal court against a contractor for a municipal library construction project, saying it should not be required to pay up after the construction firm lost an arbitration proceeding over allegedly subpar work.
Illinois’ attorney general said Friday she will sue the U.S. Environmental Protection Agency over its recent decision not to impose stricter ozone pollution standards on the Wisconsin area designated for a proposed Foxconn Technology Group manufacturing plant.
The Federal Energy Regulatory Commission on Friday rejected bids from landowners and environmentalists to reconsider its green lights for the start of construction on the $5 billion Atlantic Coast and the $3.5 billion Mountain Valley gas pipelines, although one commissioner stuck to her earlier opposition to both projects.
New York-based private equity firm Advent International said Monday it has agreed to sell a U.S. distributor of plumbing products, waterworks materials, and heating and cooling equipment to Australian rival Reece Ltd. for $1.4 billion, in a deal guided by DLA Piper and Allens Linklaters.
A Miami-Dade County judge is facing a reprimand and a fine for failing to disclose free hotel stays she enjoyed with her husband, who was fired from his job overseeing building permits and construction on Miami Beach and hit with bribery charges.
While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.
The Tax Cuts and Jobs Act purports to lower taxes and simplify the Internal Revenue Code, but the new limitation on the deductibility of business interest seems contrary to this objective. This change will certainly cause many businesses to pause and consider whether debt financing is the best option for them, says Jennifer Tolsky of Gould & Ratner LLP.
The administration's infrastructure investment plan is expected to be a significant part of the State of the Union address this week. Judging by a recently leaked White House "Funding Principles" memo on infrastructure, the plan is expected to push private financing opportunities to state and local governments, say Richard Butterworth and Seth Kirshenberg of Kutak Rock LLP.
Sureties have surety defenses which sometimes allow them to disclaim coverage under performance bonds. However, this often requires a long and lengthy litigation in which the surety must sustain multiple burdens of proof, says Gary Strong of Seiger Gfeller Laurie LLP.
A construction lien is a security interest in real property on which construction work has been performed, which stays with the property regardless of who subsequently owns it. These liens can be powerful tools, though they can also be subject to prior liens such as acquisition financing and prior judgments, say Charles Kenny and Scott Kearns of Peckar & Abramson PC.
President Donald Trump’s sanctuary city ban has been enmeshed in litigation since it was enacted, as has similar legislation in the Texas Legislature. But while the future of these regulations may not be certain, they still stand to exact broad impacts, both in Houston and beyond, say Hilary Tyson and Lauren McLaughlin of BoyarMiller.
Developers utilizing air rights transfers in New York City must understand the process for obtaining such rights, as well as the provisions generally included in zoning lot development and easement agreements, says Robin Kramer of Duval & Stachenfeld LLP in the final part of this article.
Following Hurricane Harvey, the federal government committed substantial dollars toward reconstruction efforts in Texas. For members of the construction industry planning to engage in these public projects, there are important things to know about Texas public procurement law, say Brian Gaudet and Courtney Lynch of Kilpatrick Townsend & Stockton LLP.
Developers often utilize air rights transfers in order to enable construction of taller buildings. Any parties hoping to make such transfers in New York City must understand the process by which they can obtain air rights, and the documents necessary to acquire them, says Robin Kramer of Duval & Stachenfeld LLP.
What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.