Construction

  • November 14, 2024

    Wash. Justices Grill Lowe's Attorney In Fallen Fencing Case

    Washington State Supreme Court justices pushed back Thursday against a stance taken by Lowe's that a shopper injured by a fallen roll of wire fencing had presented inadequate evidence showing the accident could've been anticipated, with one justice remarking that the big box store seemed to "gloss over" key details in the case.

  • November 14, 2024

    NY Contractor Cops To Aiding Theft In Commercial Bribe Case

    A New York contractor pled guilty on Thursday in the Manhattan district attorney's commercial bribery case alleging dozens of construction industry defendants conspired to steal from developers in a sprawling kickback scheme involving $100 million in contracts.

  • November 13, 2024

    Telecom Co. Lumen's Contract Breach Suit Survives, For Now

    A Colorado federal judge on Tuesday ruled that an engineering consulting firm is liable to telecommunications company Lumen Technologies for damages caused by a subcontractor's faulty structural analysis, but said she couldn't yet rule on whether Florida law and a two-year statute of limitation barred Lumen's claims against the firm.

  • November 13, 2024

    Detroit Fire Fee Ruling Concerns Mich. Justice

    A Michigan Supreme Court justice on Wednesday said he was troubled by a lower appellate ruling he said seemed to imply that municipalities can work around a state law barring sneaky taxes, in this case by stating a charge for fire prevention services is really just the cost of a permit allowing property owners to do business in Detroit.

  • November 13, 2024

    Claims Court Denies 'Creative' Bid For Losing Protester's Fees

    A government contractor fronted by former Pittsburgh Steeler Rocky Bleier was "creative" in its request for attorney fees following its failed bid protest over a $14.7 million VA contract, but the U.S. Court of Federal Claims rejected the request in an order unsealed this week. 

  • November 13, 2024

    DOD Issues Strategy For Military Base Private 5G Networks

    The U.S. Department of Defense released its strategy for deploying private 5G networks that are upgraded and specifically tailored for needs that can't be met by public commercial networks.

  • November 13, 2024

    Highway Workers Reach Deal In Misclassification Row

    Three construction firms have agreed to settle a False Claims Act suit after the U.S. Department of Labor agreed with an electrical workers union and a whistleblower that a subcontractor misclassified employees who worked on 25 federally funded highway projects in Pennsylvania.

  • November 13, 2024

    $1.2M Excessive Hammering Spat Not Covered, Insurer Says

    An insurer for a Nashville subcontractor told a Tennessee federal court that it doesn't owe coverage for an underlying $2.5 million lawsuit brought by residents surrounding a project site where the subcontractor was doing demolition work, arguing that the underlying suit falls under several exclusions.

  • November 13, 2024

    Feds Want 2 Years' Jail For Biz Owner In $2.8M Tax Scheme

    A construction company owner who paid workers off the books by pretending they were subcontractors, even after one of them died, should serve two years in prison and pay $2.8 million in restitution to the Internal Revenue Service for the tax loss, prosecutors told a Massachusetts federal court.

  • November 12, 2024

    Deloitte Must Face Certified Class Over Nuclear Audit Reports

    A South Carolina federal judge on Tuesday certified a class of SCANA Corp. investors accusing Deloitte of issuing audit reports that misled them about the progress the utility company was making on a $9 billion nuclear energy expansion project that failed.

  • November 12, 2024

    Trump Ally Bannon Seeks Delay Of 'We Build The Wall' Trial

    Former Trump administration strategist Stephen Bannon on Tuesday sought to delay his criminal trial on New York state charges stemming from an alleged scheme to con donors seeking to fund a southern U.S. border wall, two weeks after he wrapped up his federal prison sentence for contempt of Congress.

  • November 12, 2024

    Justices Won't Take On Tossed Bid-Rigging Conviction

    The U.S. Supreme Court refused Tuesday to look at a Fourth Circuit decision that upended the bid-rigging conviction of a government contractor's former executive, rejecting U.S. Department of Justice concerns that the ruling could make it harder to prosecute when contractors have a subcontracting relationship.

  • November 08, 2024

    Real Estate Recap: Trump, Big 4, Office Demand?

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the next Trump administration could affect commercial real estate, where the Big Four brokers saw traction in Q3 and an interesting anomaly in the distressed office market.

  • November 08, 2024

    1st Circ. Agrees No Coverage For Contractor In Defect Row

    A First Circuit panel affirmed an insurer's win Friday, concluding that the carrier and excess insurers owed no coverage to a general contractor embroiled in underlying litigation regarding damage caused by a subcontractor's allegedly faulty work on a New Jersey project.

  • November 08, 2024

    Monsanto Judge Pushes Sanction 'Distraction' To After Trial

    A Washington state judge is pausing an order for eight of Monsanto's attorneys to personally pay a total of $20,000 for late disclosure of expert reports in a toxic tort lawsuit, saying he believes the issue will distract from the upcoming trial and the court can revisit the defense lawyers' reconsideration request after the jury returns a verdict.

  • November 08, 2024

    Atlanta's 'Cop City' Nears Completion, Outrunning The Courts

    A series of legal challenges and a protest movement that thrust Atlanta into the international spotlight appear unlikely to halt construction of the city's controversial public safety training center known as "Cop City," which is headed for completion in the coming months.

  • November 08, 2024

    Ex-LA Pol's Aide Avoids Prison In 'Casino Loyale' Probe

    A California federal judge appeared poised Friday to deliver a harsh sentence to a cooperating witness in the corruption probe of Los Angeles City Hall after repeatedly asking him why he coordinated bribes and lied to the FBI, but ultimately sentenced him to home detention as the government requested.

  • November 08, 2024

    Landowners Ink $6.5M Deal To Cap Inactive Gas Wells

    A group of landowners is asking a West Virginia federal court to approve a proposed settlement that would have Diversified Energy Co. more than quadruple its commitment to plugging inactive gas wells that it obtained from EQT Corp., meaning that it will cap off at least 2,600 wells in West Virginia, Ohio, Kentucky, Pennsylvania, Virginia and Tennessee by 2035.

  • November 08, 2024

    GSA Weighs 2 Sites For New Connecticut Federal Courthouse

    Federal officials are weighing two possible sites for a new $355 million federal courthouse to replace an aging one in Hartford, Connecticut.

  • November 07, 2024

    Trump's Immigration Plans Could Threaten Economic Security

    President-elect Donald Trump is expected to end deportation protections and work authorization for broad swaths of immigrants — moves that would drastically reduce the labor force across essential industries, including construction, agriculture and hospitality.

  • November 07, 2024

    NC Contractor Says DR Horton Owes It Millions

    A contractor claimed that homebuilding giant D.R. Horton Inc. stiffed it out of more than $5.5 million after it did site work for residential real estate projects in North and South Carolina.

  • November 07, 2024

    US Wood Producers Back Hefty Duties On Chinese Rivals

    The domestic wood industry asked the U.S. Court of International Trade to deny importers' request to lower duties on Chinese plywood, saying the importers had failed to cooperate with the government's investigation into dumping allegations.

  • November 07, 2024

    ECJ Says VAT Applies To Land Prepared For Building

    Land with foundations to build residential housing is subject to value-added tax as a supply of land in the European Union, the European Court of Justice said Thursday in a dispute between Denmark's tax authority and a real estate company.

  • November 07, 2024

    Ex-Cop, Brother Admit Energy Contract Kickback Scheme

    A former Massachusetts police officer and his electrician brother pled guilty Wednesday to paying off employees of a utility ratepayer-funded energy savings program administrator who steered $36 million in contracts their way, federal prosecutors said Thursday.

  • November 07, 2024

    Judge Forecloses Landslide Work Payback For Developers

    The developers behind a Pennsylvania housing plan damaged by a landslide told a federal bankruptcy court that they were withdrawing their request to seek reimbursement from a fund set aside by the Pennsylvania Department of Environmental Protection, but the court also closed the door on any future requests Thursday.

Expert Analysis

  • Webuild Ruling Complicates Arb. Award Enforcement In US

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    A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • A Narrow Window Of Opportunity To Fix Energy Transmission

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    A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.

  • Navigating FEMA Grant Program For Slope Fixes After Storms

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    In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Perspectives

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Mitigating Construction Employers' Risks Of Discrimination

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    Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.

  • Decoding Arbitral Disputes: Spain Faces Award Enforcement

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    Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Cos. Face Increasing Risk From Environmental Citizen Suits

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    Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.

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