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Construction
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April 10, 2024
Honeywell Sues Insurer For $8.75M Performance Bond
A company that issued a $8.75 million performance bond is refusing to honor its deal with Honeywell International Inc. after a subcontractor declared bankruptcy and didn't finish its work at the Tobyhanna Army Depot in Pennsylvania, Honeywell claims in a suit filed Tuesday in Pennsylvania federal court.
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April 10, 2024
Mich. Justices Block Wind Farm's Plan To Expand Near Airport
The Michigan Supreme Court has upheld a local board's decision to block a commercial wind farm expansion, agreeing with a trial judge that zoning officials had marshaled enough evidence that the windmills posed safety risks to aviators.
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April 10, 2024
NC Justices Doubt Homeowner's Attic Fall Suit Can Go To Jury
The North Carolina Supreme Court appeared likely Wednesday to rule against a homeowner who fell through an attic hole left by a builder, with the justices suggesting her actions may have played a part in her injury.
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April 10, 2024
FBI, GSA Face Criticism Over Response To HQ Site Probe
Republican lawmakers continued to criticize the FBI and General Services Administration on Wednesday over contentious plans for a new FBI headquarters, citing concerns over the planned site and size of the facility, and the agencies' responses to a related investigation.
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April 10, 2024
Pot Cos. Say California City Reneged On Fee Waiver Promise
Six cannabis companies are suing the city of Cudahy in California federal court, saying the city breached its contracts by refusing to waive fees accrued during national emergencies and city-caused delays, costing the companies more than $26 million in damages.
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April 10, 2024
DOL Says Groups' Challenge To Rule Update Must Fall
The U.S. Department of Labor pressed a Texas federal court to ax two construction groups' challenge to its rule updating the Davis-Bacon Act, arguing that they face no injury and that their suit relies heavily on speculation and fear-based claims.
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April 09, 2024
Contractor Says Feds Are Blocking Border Wall Settlement Payout
A construction contractor wants to intervene in litigation over the Biden administration's diversion of border wall funds, saying the federal government has invoked a recent injunction in the case to stymie the company's attempt to recoup lost construction costs.
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April 09, 2024
Carpenters Urge 9th Circ. To Restart Union Retirement Fight
A group of carpenters urged the Ninth Circuit to revive allegations that their union's retirement plan trustees played fast and loose with their savings, saying Tuesday that the trustees should face claims that their risky investment choices caused two retirement plans to plummet in value when the pandemic hit.
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April 09, 2024
Ex-LA Deputy Mayor Says Jury's Chats Warrant Mistrial
Former Los Angeles deputy mayor Raymond Chan is calling for a mistrial following his bribery conviction, telling a federal judge the jury foreperson and two other panel members discussed the case outside the jury room, reaching a premature verdict that likely swayed other jurors.
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April 09, 2024
Ex-Ecuadorian Official Denies Laundering Construction Bribes
Ecuador's former comptroller on Tuesday denied accepting and laundering $10 million in bribes in exchange for eliminating fines imposed against a Brazilian company for constructing a shoddy hydroelectric plant, telling a Florida federal court he was charged with crimes because the project's corrupt manager lied to avoid prison time.
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April 09, 2024
Man Accused Of Vet Contractor Scheme Found In Contempt
A defendant in a long-running False Claims Act suit was found in contempt but dodged penalties in D.C. federal court on Tuesday as a trial over an alleged scheme to falsely procure government construction contracts meant for disabled veterans is set to begin next month.
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April 09, 2024
Locke Lord Slams 'Faulty' Stance On Malpractice Row Venue
Texas-based Locke Lord LLP has objected to an oil company's expert affidavit filed amid a malpractice suit alleging the firm and its former attorney bungled a transaction involving a North Dakota oil refinery project, redoubling its argument that New Jersey state court is not a proper venue for the complaint.
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April 09, 2024
Tribal Co. Says Calif. DA Shouldn't Escape Greenhouse Fight
A Native American-owned corporation is asking a California federal court not to throw out its suit aiming to block the San Bernardino District Attorney's Office from destroying its greenhouses, saying federal abstention isn't proper because the state proceeding the DA references is against a different party.
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April 08, 2024
7th Circ. Won't Demolish Obama Center Approval
Federal agencies properly reviewed the environmental impacts of building the Obama Presidential Center in Chicago's Jackson Park, the Seventh Circuit ruled Monday, once again rejecting opponents' attempts to stop construction of the campus set to open in 2026.
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April 08, 2024
Oak Flat Mining Decision Treads On Human Rights, UN Told
The San Carlos Apache Tribe is urging a United Nations committee to ask the United States to withhold any permissions that would allow Resolution Copper Co. to proceed with any activity on a plot of land known as Oak Flat, arguing that a Ninth Circuit ruling allowing the land transfer merits urgent intervention to prevent further human rights violations on the sacred site.
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April 08, 2024
GRSM50 Adds 3rd Construction Pro From Sandberg Phoenix
Gordon Rees Scully Mansukhani LLP, now known as GRSM50, continued recent growth in its construction practice group Monday with the hire of two new partners joining the nationwide firm in its St. Louis and Tampa, Florida, offices from Sandberg Phoenix & von Gontard PC.
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April 08, 2024
Travelers Nabs Early Win In AIG Unit's Injury Coverage Row
Travelers has no duty to defend or indemnify a construction company and a New York University hospital in an underlying construction injury suit, a New York federal judge ruled, finding that the underlying complaint doesn't suggest that the Travelers-covered subcontractor was primarily responsible for the underlying injuries.
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April 05, 2024
Contractor Says Apartment Developer's Missteps Cost $8.5M
A general contractor has filed an $8.5 million lawsuit in North Carolina's Business Court accusing a developer of misleading it about an apartment complex project's safeguards and failing to cover the resulting cost overruns and delays.
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April 05, 2024
Real Estate Authority: Proxy Fights, EV Effect, CBRE Forecast
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on the proxy fights in store for 2024, the impact of electric vehicles on development and predictions from CBRE Group Inc.'s global chief economist.
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April 05, 2024
Baltimore Bridge: Biden's Visit, Recovery, Supply Chain
Nearly two weeks after the Francis Scott Key Bridge's collapse, government and legal maneuvers are taking shape as the Biden administration pledged to fully reopen the Port of Baltimore before June, while the owner and operator of the ship that caused the collapse sought to limit its financial liability.
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April 05, 2024
Marriott Wants $5M Repair Work Bill Stayed Pending Appeal
Marriott International asked a Colorado federal judge Friday to hold off on enforcing a $5 million judgment it was ordered to pay a construction company over mudslide repair work in Brazil while the hotel appeals the order, noting it has secured a surety bond with Liberty Mutual.
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April 05, 2024
Trade Court Backs Commerce's Dates For Turkish Rebar Sales
The U.S. Court of International Trade rebuffed Turkish rebar producers seeking to unwind tariffs on their products based on the U.S. Department of Commerce's designated date of sale for their U.S. imports, holding that evidence backed the agency.
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April 05, 2024
Mich. Panel Rejects 'Fees For Fees' In Contractor's FOIA Bid
A split Michigan state appeals court has refused to top attorney fees a construction contractor won against a county-level road agency that the contractor accused of failing to disclose certain hiring information, with the court finding the fees to be limited because the contractor dragged out litigation.
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April 05, 2024
Fed. Circ. Upholds Australian Steel Import Pricing
A Federal Circuit panel has backed the U.S. Department of Commerce and a trade court's assessment of the prices an Australian steel company charged its U.S. customer, holding that the companies provided enough of a paper trail to explain their relationship.
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April 05, 2024
Homeowners' Energy Efficient Rebates Not Income, IRS Says
The U.S. Department of Energy rebates awarded to taxpayers who bought an energy efficient home or retrofitted their current residence to reduce energy consumption won't need to be reported in the property owner's gross income, the IRS announced Friday.
Expert Analysis
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Mass. Ruling Shows Value Of Additional Insured Specifics
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.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
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.
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Series
ESG Around The World: European Union
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.
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What To Consider When Converting Calif. Offices To Housing
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.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
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.
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3 Action Items For Contractors Facing A Gov't Shutdown
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.
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What Large Language Models Mean For Document Review
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.
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Checking In On How SuperValu Has Altered FCA Litigation
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.
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Series
Participating In Living History Makes Me A Better Lawyer
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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Insurance Cos. Are Stretching Construction Standard Limits
In the construction sector, the importance of closely vetting downstream parties' insurance policies has never been more critical — owners and general contractors need to be on the lookout for ever broader carrier-specific expansions of standard insurance provisions that are perilous for risk transfer, says Eric Clarkson at Saxe Doernberger.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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The 3 E's Of Limiting Injury Liability For Worker Misconduct
The Fifth Circuit’s recent ruling in TNT Crane & Rigging v. Occupational Safety and Health Review Commission lays out key safety practices — establish, educate and enforce — that not only can help protect workers, but also shield companies from workplace injury liability in situations when an employee ignores or intentionally breaks the rules, says Andrew Alvarado at Dickinson Wright.
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Contract Disputes Recap: Avoid Pleading Errors' Harsh Effects
Zachary Jacobson and Stephanie Magnell at Seyfarth examine three recent cases that illustrate the severe consequences different pleading errors may have on a government contractor's ability to pursue a contract dispute, sometimes forever precluding relief regardless of the merits of a claim.
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What Wis. High Court Ruling Means For Coverage Analysis
Overturning insurance law precedent in 5 Walworth v. Engerman Contracting, the Wisconsin Supreme Court recently rejected the use of the economic loss doctrine and integrated systems analysis in commercial general liability cases, but a strongly worded concurrence could indicate that the court's opinion may have limited persuasive reach, say Laura Lin and Pierce MacConaghy at Simpson Thacher.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.