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Construction

  • May 8, 2018

    Contractor Hit With Asset Freeze While Arbitration Proceeds

    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.

  • May 8, 2018

    Construction Firm Sued Over Unpaid Texas Apartment Bonds

    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.

  • May 8, 2018

    Md. Funeral Home Beats CWA Citizen Suit At 4th Circ.

    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.

  • May 8, 2018

    Bankrupt Westinghouse Seeks OK To Pay Worker Bonuses

    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.

  • May 8, 2018

    Bayou Bridge Pipeline Permit Improper, La. Judge Says

    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.

  • May 8, 2018

    Brooklyn Navy Yard Builder Says Contractor Left It In Lurch

    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.

  • May 8, 2018

    11th Circ. Says Suit Over Fla. Jewish Center Is Moot

    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.

  • May 8, 2018

    Honduran Duo Charged In $27M Construction Labor Scheme

    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.

  • May 8, 2018

    Construction Law: To Specialize Or Not To Specialize

    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.

  • May 7, 2018

    3 Construction Cases To Watch

    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.

  • May 7, 2018

    Pipeline Protesters Leave Tree Stands After Contempt Ruling

    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.

  • May 7, 2018

    Pa. Pipeline Row Shows Enviro Rights Amendment Still Murky

    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.

  • May 7, 2018

    Calif. Panel Reverses Contractor's $4.2M Personal Injury Loss

    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.

  • May 7, 2018

    Seller Gets Co.'s Suit Over Faulty Curb Paving Machine Axed

    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.

  • May 7, 2018

    Fed. Circ. Nixes $133M Award For Razed Dallas Terminal

    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.

  • May 7, 2018

    Liberty Unit Won't Cover Contractor In Library Build Dispute

    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.

  • May 7, 2018

    Ill. AG To Sue EPA Over Wis. Ozone Call That Helps Foxconn

    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.

  • May 7, 2018

    FERC Won't Stop Work On 2 Disputed Gas Pipelines

    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.

  • May 7, 2018

    DLA Piper, Allens Linklaters Steer $1.4B Plumbing Biz Sale

    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.

  • May 7, 2018

    Miami Judge Faces Reprimand Over Husband's Hotel Stays

    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.

Expert Analysis

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    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 New Limited Interest Deduction: Good For Business?

    Jennifer Tolsky

    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.

  • Previewing The Administration’s Infrastructure Policy

    Richard Butterworth

    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.

  • What To Do With Performance Bonds When Projects Default

    Gary Strong high rez.jpg

    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 Guide To Construction Liens In New Jersey

    Excerpt from Lexis Practice Advisor
    Charles Kenny

    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.

  • How Sanctuary City Regs Could Impact Houston Real Estate

    Hilary Tyson

    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.

  • Buying And Selling Air Rights In New York City: Part 2

    Excerpt from Lexis Practice Advisor
    Robin Kramer

    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.

  • Rebuilding Texas: An Overview Of Public Procurement Issues

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    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.

  • Buying And Selling Air Rights In New York City: Part 1

    Excerpt from Lexis Practice Advisor
    Robin Kramer

    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.

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    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.