Construction

  • January 25, 2024

    Judge Rejects Late Concession, Despite Possibly Absurd Trial

    A Colorado federal judge on Thursday rejected a joint venture's last-minute bid to concede liability on a $5 million claim ahead of a trial next week over a state toll lanes expansion, concluding his hands were tied even though it may be silly to forge ahead with trying the claim.

  • January 25, 2024

    Excess Insurers Win In Construction Defect Coverage Suit

    A residential developer wrongly tapped into certain excess insurance, a California federal judge ruled Thursday, finding that the $3.2 million its primary insurer spent on defense costs in underlying construction defect litigation didn't count toward triggering a $10 million excess policy.

  • January 25, 2024

    Insurer Says Contractor Not Covered In Oil Refinery Fire Suits

    A petrochemical contractor is not entitled to coverage for a number of suits over an incident at an Arkansas oil refinery in which a hazardous substance was released and caught fire, an excess insurer told a Texas federal court Thursday, saying the contractor's two-year delay in providing notice bars coverage.

  • January 25, 2024

    Feds Say Contractor Overcharged DOE Thousands Of Hours

    The federal government has taken up a whistleblower's claims that the primary mission support contractor for the decommissioned Hanford nuclear site overcharged the U.S. Department of Energy for tens of thousands of unworked hours on a $4 billion contract.

  • January 25, 2024

    FERC Won't Halt Work On Texas LNG Export Terminal

    The Federal Energy Regulatory Commission has said it won't pause authorized construction on a liquefied natural gas export terminal on the South Texas Gulf Coast, a decision a dissenting commissioner said perpetuates and magnifies injuries to environmental justice communities and ignores evidence of harm to public health and the environment.

  • January 25, 2024

    Wash. Justice Doubts Legislative Contradiction In Wage Suit

    Washington Supreme Court justices challenged an argument Thursday that an updated prevailing wage law for public works projects is unconstitutional because it conflicts with a previous law dictating how the wage is determined, with one justice saying they should not assume that the Legislature "meant to contradict itself."

  • January 25, 2024

    Investors Call Prison 'The Only Solution' For Collection Bid

    EB-5 investors who've been chasing settlement and sanction judgments for years in an Illinois federal fraud case are arguing that imprisonment "is the only bullet left in the court's gun" against real estate developers who've consistently played "a shell game" to avoid paying up.

  • January 25, 2024

    Real Estate Rumors: Maryland U., Cohen & Steers, Marriott

    Maryland University of Integrative Health is said to have sold 12.5 acres of land and a two-story building for $8.3 million, a venture of Cohen & Steers and the Sterling Organization has reportedly bought a Texas shopping center for $42 million, and a Marriott hotel in Philadelphia is believed to have traded hands for $32.7 million.

  • January 25, 2024

    Caps, Wizards Owner Defends Plan To Move Teams To Virginia

    Billionaire Ted Leonsis defended his plan to move the Washington Wizards and Washington Capitals from the District of Columbia to a sprawling entertainment district planned for Alexandria, Virginia, on Thursday, stressing that the move will not alienate fans or impose new economic burdens.

  • January 25, 2024

    Justices Asked To Review Limit Of Abstract Ideas Under Alice

    Industrial equipment manufacturer Ficep Corp. has asked the U.S. Supreme Court to revisit its landmark ruling determining patent eligibility, arguing that improving a process through automation should count as an inventive concept.

  • January 25, 2024

    ITC Says Chinese Pressure Washers Harmed US Cos.

    The U.S. International Trade Commission unanimously found that domestic manufacturers are being injured by subsidized Chinese gas-powered pressure washers that are being sold in the U.S. at unfairly low prices.

  • January 25, 2024

    Fieldfisher Adds Arbitration Pro With Spanish Partner Hire

    Fieldfisher LLP has hired a founding partner of Spanish law firm Claros & Abogados to join its Madrid office as it looks to bolster its dispute settlement practice across Europe and the Americas.

  • January 24, 2024

    Trump Bristles At Shkreli Comparison In NY Civil Fraud Case

    Donald Trump on Wednesday took umbrage at New York Attorney General Letitia James comparing his civil fraud case to that of convicted "Pharma Bro" fraudster Martin Shkreli, saying it merely reveals "her desperation and obvious frustration" with the former president's "ongoing ascent toward the White House."

  • January 24, 2024

    7th Circ. Ponders If Faulty Steel Damaged O'Hare Project

    The Seventh Circuit questioned Wednesday whether cracked welds in a Chicago O'Hare International Airport canopy damaged the larger structure in a way that would trigger property damage coverage, after a lower court ruled that the canopy's general contractor wasn't covered for over $37.5 million in costs.

  • January 24, 2024

    IRS Wrongly Taxed Insurance Payout, Estate Tells Justices

    The Eighth Circuit wrongly allowed the IRS to tax a life insurance payout meant to maintain a family's control of its St. Louis building materials company, the estate of the company's deceased co-owner told the U.S. Supreme Court in an opening brief Wednesday.

  • January 24, 2024

    La. Wins Injunction Against EPA On Disparate Impact Rules

    A Louisiana federal judge will allow the state to temporarily block the U.S. Environmental Protection Agency from imposing certain environmental justice requirements on permitting and grant decisions, finding the state is likely to prevail in its challenge.

  • January 24, 2024

    Feds Can't Pause Duty Evasion Suit For Evidence Review

    The U.S. Court of International Trade refused to pause an iron importer's lawsuit protesting a determination that it routed Chinese pipes through Cambodia to evade tariffs, saying the government's offer to let the importer review its evidence is unlikely to change the determination.

  • January 24, 2024

    Ariz. Senate Bill Seeks Tax Credit For Gray Water Systems

    Arizona would allow an income tax credit worth up to $5,000 for installation of residential gray water processing systems under a bill introduced in the state Senate. 

  • January 24, 2024

    NJ Utility Regulator Awards 2 Offshore Wind Contracts

    Nearly three months after Danish energy company Orsted backed out of its project to build a wind farm off the New Jersey coast, the state's utility regulator has approved two new offshore wind projects expected to bring over 3,700 megawatts of wind energy to power almost 2 million homes.

  • January 24, 2024

    Enviro Orgs Win Appeal Over Los Angeles Port Terminal

    A California trial court failed to grasp its full California Environmental Quality Act authority when it set aside a flawed impact report for a Port of Los Angeles shipping terminal yet held that it must let the terminal keep operating as the port fixed the deficiencies, a California appeals court has said.

  • January 24, 2024

    Trade Court Says Oil Pipes Evaded Duties On China

    The U.S. Court of International Trade affirmed a U.S. Department of Commerce determination that oil pipes were minimally processed in Brunei and the Philippines to evade duties targeting China, rejecting two companies' contention that Commerce wrongly considered their manufacturing process.

  • January 23, 2024

    Wash. Justices Scrutinize Arb. Award's Role In Future Suits

    Washington State Supreme Court justices on Tuesday questioned a beleaguered developer's insistence that a trial judge should not have confirmed an $11.5 million arbitration award against it since it has already paid the money, saying the details of the award might have value in continued litigation between the developer and its lender.

  • January 23, 2024

    Appeals Board Says Feds Forfeited 'Sum Certain' Arguments

    The Armed Services Board of Contract Appeals refused to toss ECC International Constructors LLC's appeals in a long-running contract dispute with the U.S. Army Corps of Engineers, saying the government was late in arguing the firm failed to seek a specific sum.

  • January 23, 2024

    Insurer Tells Wash. High Court No Coverage For Faulty Roof

    Farmers Insurance Exchange told the Washington Supreme Court on Tuesday that a "resulting loss exception" to a defective work exclusion in a condominium complex policy should not allow it to recover for condensation damage to its roof resulting from inadequate ventilation.

  • January 23, 2024

    AECOM Says Contractor's $5M Pretrial Concession 'Too Late'

    The design and engineering giant AECOM said it was too late for a joint venture to concede liability on a $5 million damages claim in a Colorado toll lanes project dispute, telling a federal judge that the venture blew its chance and the firm is "no longer willing" to negotiate a pretrial deal.

Expert Analysis

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Leveraging Municipal Bonds For Green Energy Finance

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    The U.S.'s transition to renewable energy will require collaboration between public and private capital sources — and that means that lawyers used to working in corporate finance must understand how the municipal bond market functions differently, due to its grounding in the U.S. Constitution, says Ann Fillingham at Dykema.

  • Mitigating Costs And Delays In The Energy Transition

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    Achieving net-zero will require constructing a massive amount of new wind, solar and energy storage infrastructure — and while cost overruns and delays are to be expected, contractors and owners can proactively address these problems in their project documents, say Christopher Ryan and Jesse Sherrett at Shearman.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Mass. Ruling Shows Value Of Additional Insured Specifics

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    A Massachusetts court’s recent D.F. Pray v. Wesco Insurance decision demonstrates that blanket additional insured endorsements can create issues with personal jurisdiction, so those named as additional insureds should require their lower-tier contractors to use specific endorsements, say Thomas Dunn and Sheya Rivard at Pierce Atwood.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Series

    ESG Around The World: European Union

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    As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.

  • What To Consider When Converting Calif. Offices To Housing

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    In light of California legislators' recent efforts to expedite the process for converting offices into residential buildings, developers should evaluate both the societal upsides, and the significant economic and legal hurdles, of such conversions, says Steven Otto at Crosbie Gliner.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • 3 Action Items For Contractors Facing A Gov't Shutdown

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    Federal contractors can help ensure they are well situated to endure a potential government shutdown by reviewing project funding levels and contractual stop-work clauses, and communicating with contracting officers and subcontractors about their respective obligations, says Derek Mullins at Butzel Long.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Checking In On How SuperValu Has Altered FCA Litigation

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    Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

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