Construction

  • April 29, 2024

    IRS To Open $6B 2nd Round Of Advanced Energy Tax Credits

    The IRS will start taking applications May 28 from project owners seeking to get part of a $6 billion second round of tax credits for developments that will support the clean energy industry, such as solar glass manufacturing and metal recycling facilities, the agency said Monday.

  • April 26, 2024

    Law360 Reveals Titans Of The Plaintiffs Bar

    In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.

  • April 26, 2024

    Support For 9th Circ. Rehearing In Oak Flat Dispute Mounting

    At least 100 religious and nonprofit groups, law scholars, Native American coalitions and tribes are urging the Ninth Circuit to consider a full panel en banc hearing on a challenge to block a copper mining company from destroying a sacred Indigenous religious site in central Arizona.

  • April 26, 2024

    Real Estate Authority: Homelessness, PFAS, Flood Zones

    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 U.S. Supreme Court arguments over local homelessness policies, real estate attorney reactions to new rules on "forever chemicals," and the U.S. Department of Housing and Urban Development's latest take on building standards in flood zones.

  • April 26, 2024

    Panama Canal Project Fight Sent Back To Chancery

    A Delaware federal judge on Thursday remanded litigation arising from a lucrative port project near the Panama Canal in an order that also notes his "deep concerns" over a theory that the dispute belongs in arbitration, made by the companies accused of stealing control of the project.

  • April 26, 2024

    Pacific Territories Temporarily Freed From 'Buy America' Rules

    The Northern Mariana Islands, Guam and American Samoa are exempt from "Buy America" requirements for certain federally funded infrastructure projects until March 2025, according to a policy the U.S. Department of Transportation released Friday to reduce the far-flung territories' infrastructure costs.

  • April 26, 2024

    Colo. House OKs Lower Age For Historic Structure Tax Credit

    Colorado would reduce the age requirement for the properties eligible for the state's historic structures tax credit, postpone its sunset and make other changes under legislation approved by the state House on Friday.

  • April 25, 2024

    Ariz. Tribes, Groups Seek Stay In SunZia Power Line Ruling

    Native American tribes and environmentalists are asking an Arizona federal district court for an emergency injunction that would stay a ruling that rejected their bid to block work on SunZia's $10 billion transmission line while they appeal the decision, arguing that construction is already going ahead in culturally sensitive locations.

  • April 25, 2024

    9th Circ. Upholds $1.7M Injury Verdict Against Genie

    Equipment manufacturer Genie Industries Inc. can't upend a jury verdict and a $1.7 million judgment awarded to a Portland, Oregon, shipyard worker who was injured by the company's allegedly defective lift boom, the Ninth Circuit has ruled, rejecting the arguments that he failed to prove his injuries were permanent.

  • April 25, 2024

    McDermott Judge U-Turns, Says Some Investors Deserve Cert.

    A Texas federal magistrate judge reversed his recommendation that investors be denied class certification in litigation over McDermott International's $6 billion merger with Chicago Bridge & Iron, saying a former CB&I shareholder class "should be certified now" and a putative McDermott stock purchaser class be created for subsequent consideration.

  • April 25, 2024

    Ex-Philly Union Leader's 3rd Trial Ends In Deadlock

    A Pennsylvania federal jury on Thursday night was unable to reach a verdict in the government's case alleging former Philadelphia labor leader John Dougherty threatened a Live! Casino construction contractor with "financial ruin" if he didn't pay his electrician nephew for work he didn't perform, marking a mistrial for the previously twice-convicted union figurehead and his relative.

  • April 25, 2024

    Atty Sued For Malpractice Can't Rep His Firm, Ex-Client Says

    A Seattle real estate broker suing her former attorney for allegedly botching arbitration proceedings has told a Washington state judge that that attorney can't both be a defendant and represent his firm in their counterclaims for unpaid fees. 

  • April 25, 2024

    Court Brushes Off Door Co.'s Bid To Hasten Duty Refund

    The U.S. Court of International Trade backed U.S. Customs and Border Protection's timeline for unwinding duties on door thresholds from Vietnam after the agency reversed a previous evasion finding, saying CBP's redetermination became final after the court's approval.

  • April 25, 2024

    FERC Says National Grid Held Up To Winter Weather

    The Federal Energy Regulatory Commission revealed during its monthly meeting Thursday that the nation's electric grid and natural gas systems largely operated without any major incidents when severe winter weather swept across the country in January, marking a stark improvement from previous winter storms.

  • April 25, 2024

    US Says Seizure Power Erodes Landowner's Border Wall Suit

    The federal government told the Fifth Circuit that its eminent domain authority should defeat a landowner's claims that she owns a $6.5 million section of border wall that was allegedly built on her farm without authorization in 2008.

  • April 25, 2024

    Biden Permitting Reform To Fast-Track Power Line Approvals

    Streamlined federal permitting for electric transmission projects is expected to shave years off the authorization process and speed up development of new power connections, according to a final new rule released on Thursday by the Biden administration.

  • April 25, 2024

    3 Things Attys Should Know About Pa.'s $48B Spending Plan

    Several areas of Pennsylvania Gov. Josh Shapiro's proposed $48 billion budget for 2024-2025 could result in more work for the legal industry, including more opportunities for crafting economic development deals, getting a recreational cannabis industry off the ground, and speeding up environmental permit applications, experts tell Law360.

  • April 25, 2024

    Treasury Finalizes Rules On Sales Of Green Energy Credits

    The U.S. Department of the Treasury released final rules Thursday to facilitate the sale or transfer of clean energy tax credits by project owners under a new way to monetize the incentives created by the 2022 landmark climate law.

  • April 24, 2024

    Construction Supplier Threatened Us, Distribution Execs Say

    Current and former executives for construction distribution companies told a Denver jury Wednesday they believed a Berkshire Hathaway-owned construction supply company pressured them not to do business with a smaller rival, with one witness saying he initially stuck with the Berkshire supplier because it didn't seem like an "idle threat."

  • April 24, 2024

    DOL Says Firm 'Repeatedly' Misclassified Highway Workers

    The U.S. Department of Labor recently determined that a subcontractor "repeatedly misclassified" employees who worked on 25 federal highway construction projects in Pennsylvania, according to a notice filed in Pennsylvania federal court Wednesday in a lawsuit against three construction firms.

  • April 24, 2024

    Insurer Wants Other Carrier's Third-Party Coverage Suit Axed

    An insurer asked a Colorado federal court to toss Acuity's third-party suit alleging breach of contract in a coverage dispute over a construction defect arbitration proceeding, saying the claim failed because there is no privity of contract between the two carriers.

  • April 24, 2024

    Texas Appeals Panel Partially Reverses Atty's Fee Victory

    An Austin, Texas, trial lawyer who defeated a breach of fiduciary duty claim brought after he represented one half of a business partnership that went sour has had part of his victory overturned, with a Texas appellate court Wednesday determining that the trial court overstepped when also throwing out a fee claim against the attorney.

  • April 24, 2024

    Feds' 'Sparse' Explanations Call For Remand, Says Rebar Co.

    An error and "sparse" justification underpinning a countervailing duty assessment required the U.S. Court of International Trade to remand the results of the fifth review of Turkish rebar tariffs, counsel told CIT Judge Gary S. Katzmann on Wednesday.

  • April 24, 2024

    Mass. Golf Course Manager Gets 13 Months For Tax Fraud

    A Massachusetts golf course manager was sentenced to 13 months in prison after pleading guilty to tax charges, following prosecutors' accusations that he manipulated contracts with a home developer to deflate their value.

  • April 24, 2024

    US Solar Cos. Call For Duties On Cells From Southeast Asia

    Seven U.S. solar manufacturers on Wednesday called on the U.S. government to impose duties on solar cells from four Southeast Asian countries, saying a surge in production in those countries — much by Chinese-owned companies — has been undercutting the domestic market.

Expert Analysis

  • Prevailing Wage Rules Complicate Inflation Act Tax Incentives

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    Nicole Elliott and Timothy Taylor at Holland & Knight discuss the intersection between tax and labor newly created by the Inflation Reduction Act, and focus on aspects of recent U.S. Department of Labor and U.S. Department of the Treasury rules that may catch tax-incentive seekers off guard.

  • Regulators Must Get Creative To Keep Groundwater Flowing

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    Even as populations have boomed in Sun Belt states like Arizona, California and Texas, groundwater levels have diminished due to drought and overuse — so regulators must explore options including pumping limits, groundwater replenishment and wastewater reuse to ensure future supplies for residential and commercial needs, says Jeffrey Davis at Integral Consulting.

  • Issues To Watch As Biochar Carbon Project Demand Heats Up

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    Entities considering financing, constructing or operating biochar projects should evaluate the increasing demand for biochar as a soil amendment, the potential to generate revenue from carbon credits and produce other byproducts, and a variety of legal hurdles in this rapidly emerging market, say Mackenzie Schoonmaker and Astrika Adams at Beveridge & Diamond.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Industry Takeaways From OMB's Final Buy America Guidance

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    The Office of Management and Budget's recently released guidance on "Buy America" requirements for federal infrastructure projects provides clarity in certain areas but fails to address troublesome inconsistencies with state laws and international trade agreements, so manufacturers and suppliers will need to tread carefully as agencies implement the changes, say Amy Hoang and Sarah Barney at Seyfarth Shaw.

  • Payroll Tax Evasion Notice Suggests FinCEN's New Focus

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    The Financial Crimes Enforcement Network’s recent notice advising U.S. financial institutions to report payroll tax evasion and workers' compensation schemes in the construction industry suggests a growing interest in tax enforcement and IRS collaboration, as well as increased scrutiny in the construction sector, say Andrew Weiner and Jay Nanavati at Kostelanetz.

  • New NLRB Union Rules Require Proactive Employer Response

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    Because recent radical changes to National Labor Relations Board unionization rules, decided in the case of Cemex Construction Materials, may speed up elections or result in more mandatory bargaining orders, employers should make several significant, practical edits to their playbooks for navigating union organizing and certification, say attorneys at Morgan Lewis.

  • New 'Waters' Rule May Speed Projects, Spawn More Litigation

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    The Biden administration's new rule defining "waters of the United States" in accordance with a recent U.S. Supreme Court decision will remove federal protection for some wetlands — which could both enable more development and lead to more legal challenges for projects, says Marcia Greenblatt at Integral Consulting.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • Rising Interest Rates Bring Risk For Construction Contractors

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    With rising interest rates causing many construction projects to be slowed or halted, it's important for general contractors to implement safeguard measures against the risk of significant financial losses caused by owner-driven schedule modifications, says Kevin Riexinger at Gfeller Laurie.

  • Mont. Kids' Climate Decision Reflects 3 Enviro Trends

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    A Montana district court's recent ruling in Held v. Montana represents a rare win for activist plaintiffs seeking to use rights-based theories to address climate change concerns — and calls attention to three environmental trends that are increasingly influencing climate litigation and policy, says J. Michael Showalter at ArentFox Schiff.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Negotiating Material Escalation In Construction Contracts

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    As material price escalation clauses have remained popular in construction contracts despite an easing of recent supply chain issues, attorneys representing owners should understand key considerations for negotiating such clauses, and strategies to mitigate potential exploitation by contractors, says H. Arthur Black II at Brooks Pierce.

  • Calif. Protected Species Law Changes: Real Fix Or Red Tape?

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    California's recent amendments to its "fully protected species" statutes create a temporary permitting regime intended to accelerate the building of renewable energy, transportation and water infrastructure in response to climate change — but the new legislation could become another obstacle to the projects it purports to benefit, says Paul Weiland at Nossaman.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

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