Construction

  • January 09, 2025

    Ex-Steel Co. Worker Who Won $3 Wants Age Bias Redo

    A fired steel company human resources worker who was awarded $3 for his age discrimination claims told a Michigan federal judge Wednesday he should get a new trial on damages because evidence presented to jurors shows he is owed far more in lost pay.

  • January 09, 2025

    Feds Award Millions To Tribes For Safe Water, Homes, Climate

    With a week left in its term, the Biden administration has doled out millions to states and tribal communities throughout the country to boost efforts toward more reliable water sources, to take on housing health and safety hazards and to continue the ongoing battle against climate change.

  • January 09, 2025

    Wind Power Substation Is Quiet Enough, Mass. Justices Say

    Massachusetts' top court on Thursday gave the green light for an electric substation connected to an 800-megawatt wind turbine generation facility in federal waters south of Martha's Vineyard, rejecting a resident's argument that the new facility would be too noisy.

  • January 09, 2025

    Kraft Heinz Set For March Trial Over Food Factory Overhaul

    Kraft Heinz Foods Co. and the Ohio contractor that accused it of failing to pay $7.6 million for the work and materials that went into overhauling a factory the company has near the Sandusky River are scheduled for a March 25 bench trial, according to a Wednesday order.

  • January 08, 2025

    Insurer Can't Duck Covering Wash. Developer In Flooding Suit

    An insurer can't yet escape providing coverage for a property developer accused of worsening flooding issues for several homeowners by clear-cutting trees without a proper drainage plan, a Washington federal court ruled, saying the policy could conceivably cover the injuries alleged in the underlying suit.

  • January 08, 2025

    Farm Owner Can't Claim $6.5M For Border Wall, 5th Circ. Told

    The federal government argued Wednesday that a Texas woman isn't owed millions of dollars in compensation for a section of the state's border wall built on her land, telling the Fifth Circuit that a principle giving landowners rights to property improvements can't be equitably applied to the federal government.

  • January 08, 2025

    Fed. Circ. Wrestles With China Tariff Authority Limits

    Attorneys for both importers and the government faced pointed questions from a Federal Circuit panel Wednesday, as the judges tried to understand the limits of U.S. tariff authority and whether a huge chunk of Trump-era levies on Chinese goods went too far.

  • January 08, 2025

    Divisive Mass. Housing Law Can Stand With Administrative Fix

    Massachusetts' top appellate court on Wednesday upheld a controversial law requiring towns in Greater Boston to add housing density near mass transit facilities, but found that the state must take additional procedural steps before the law can go into effect.

  • January 07, 2025

    Fed. Circ. Clarifies Role Of Corrected IP In Construction PGR

    The Federal Circuit on Tuesday backed a Patent Trial and Appeal Board decision upholding several claims in a Columbia Insurance Co. construction hanger patent, clarifying that the board's finding only applies to the original version of the claims.

  • January 07, 2025

    Property Owner Says Insurer Owes $16.2M For Fire Damage

    A Colorado property owner is seeking to recover $16.2 million from its insurer for property damage caused by the 2021 Marshall Fire, telling a federal court the carrier wrongly concluded the properties did not sustain direct physical damage in order to justify replacement costs.

  • January 07, 2025

    Developer Says Mass. Stalling $15M Brownfields Tax Credit

    The developer of a 3.5-acre luxury condo and apartment complex in Boston's Seaport District is accusing the state of improperly second-guessing the work of its licensed environmental remediation consultant to deny a $15.3 million brownfields tax credit, then dragging its feet on an administrative appeal.

  • January 07, 2025

    DC Circ. OKs FERC's Approval For Indiana Pipeline

    A D.C. Circuit panel on Tuesday rejected a challenge to the Federal Energy Regulatory Commission's approval of a 24-mile pipeline serving two new natural gas turbines in Indiana, ruling that an advocacy group wrongly suggested FERC could "second-guess" state regulators' choice of energy generation.

  • January 07, 2025

    No Problem With $217M Dam Repair Tax, Mich. Panel Says

    A Michigan appellate panel on Monday said a $217 million special assessment levied on property owners for dam repairs and lake level restoration after devastating 2020 floods was established through a legally sound process, ruling the owners were never entitled to have a pseudo-judicial review of the tax.

  • January 07, 2025

    GAO Calls Navy's Construction Deal Conditions 'Reasonable'

    The U.S. Government Accountability Office rejected an Indiana-based contractor's challenge of the U.S. Navy's requirement to register with the Spanish Ministry of Finance to be considered for a Spain-based explosive ordnance disposal facility contract, calling the extra step "reasonable."

  • January 06, 2025

    Cos. Accused Of Misusing EB-5 Investor Funds

    More than $80 million in EB-5 investor funds that were intended for a Brooklyn real estate project were misused to purchase shares in a related company, a suit claimed in New York federal court.

  • January 06, 2025

    Biden Signs DC Football Stadium Bill Into Law

    President Joe Biden on Monday gave Washington, D.C., government control over a site that could become home to a new stadium for the NFL's Commanders.

  • January 06, 2025

    $182M Army Corps Deal Protest Tripped Up By Employee Exit

    The U.S. Government Accountability Office has rejected a protest over a $181.5 million U.S. Army Corps of Engineers construction contract, saying a key staff member's departure meant the protester wasn't eligible for the deal even if its protest was otherwise valid.

  • January 06, 2025

    Feds Hit Georgia Developer With Suit Over Native Artifacts

    The United States has accused a Georgia developer of violating its Clean Water Act permit by illegally filling in wetlands, so it could build residences on a floodplain even though it knew about the presence of protected archaeological sites and cultural objects on the property.

  • January 06, 2025

    DOD Adds WeChat Owner, CATL To Chinese Military Co. List

    The U.S. Department of Defense added dozens of businesses Monday to its list of companies affiliated with the Chinese military, including electric-car battery maker CATL and Tencent Holdings Ltd. — owner of the popular text-messaging app WeChat — prompting Tencent to slam the designation as "clearly a mistake."

  • January 03, 2025

    Real Estate Recap: All Eyes On '25

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including what the experts think is in store for 2025.

  • January 03, 2025

    Enforcement Of $146M Chilean Hospital Award Sought In Conn.

    A Chilean construction company has kicked off new litigation in Connecticut looking to enforce a $146.5 million arbitral award against Italian construction giant Webuild, several months after a Delaware judge nixed the company's initial enforcement suit on jurisdictional grounds.

  • January 03, 2025

    Wash. City Fights Order To Keep ER Tribal Shelter Open

    The city of Toppenish, Washington, is asking a federal district court to withdraw an order allowing the Confederated Tribes and Bands of the Yakama Nation to operate a 24-hour emergency shelter, arguing that the criminal nature of regulations governing the facility preclude the tribe's arguments on the present situation.

  • January 03, 2025

    AIG Seeks $302K For Water Damage At NFL Player's NJ Home

    An AIG insurer said it's entitled to recover nearly $302,000 from a contractor and plumbing company for flood damage to a Philadelphia Eagles player's Garden State home, telling a New Jersey federal court that the companies improperly installed the wrong piece of hardware when renovating the property.

  • January 03, 2025

    Laborers Benefit Funds Get OK For $4.7M Class Settlement

    A New York federal judge signed off on a $4.7 million settlement of a long-running dispute between a class of workers and two union benefit funds, giving final approval to a deal that ends 16 years of litigation over a transfer of money between funds in the 2000s.

  • January 02, 2025

    Anchorage Residents Look To Block Tribal Casino Project

    A group of Anchorage residents has sued the acting chairwoman of the National Indian Gaming Commission and the Native village of Eklutna in Alaska federal court, claiming plans to build a 58,000-square-foot casino will ruin their rural neighborhood.

Expert Analysis

  • Understanding 2 Types Of Construction Payment Clauses

    Author Photo

    Given the recent trend of states prohibiting pay-if-paid clauses in construction clauses in favor of fortifying contractor protections with pay-when-paid clauses, parties involved in construction projects should take care to understand the nuances between the two clauses, say Jeffery Mullen and Josephine Bahn at Cozen O'Connor.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

    Author Photo

    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Nuclear Power Can Help Industrial Plants Get To Net-Zero

    Author Photo

    In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

    Author Photo

    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • Bid Protest Spotlight: Misplaced Info, Trade-Offs, Proteges

    Author Photo

    James Tucker at MoFo examines three recent decisions concerning the consequences of providing solicited information in the wrong section of a bid proposal, the limits of agency discretion in technical merit, best-value trade-off evaluations, and the weight of the experience and capabilities of small businesses in mentor-protégé joint venture qualification.

  • 3 Leadership Practices For A More Supportive Firm Culture

    Author Photo

    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

    Author Photo

    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

    Author Photo

    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

    Author Photo

    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

    Author Photo

    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Series

    After Chevron: NRC Is Shielded From Loper Bright's Effects

    Author Photo

    While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.

  • Shipping Containers As Building Elements Require Diligence

    Author Photo

    With the shipping container market projected to double between 2020 and 2028, repurposing containers as storage units, office spaces and housing may become more common, but developers must make sure they comply with requirements that can vary by intended use and location, says Steven Otto at Crosbie Gliner.

  • How Loper Bright Weakens NEPA Enviro Justice Strategy

    Author Photo

    The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.

  • 2nd Circ. Ruling May Limit Discovery In Int'l Arbitration

    Author Photo

    The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

    Author Photo

    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Construction archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!