COVID-19: Common Issues in Construction Contracts.
3/23/20
By: Catherine Bednar, Jake Carroll and Ben Dunlap
On March 17, 2020, Boston became the first U.S city to order a halt to work on all construction sites due to the coronavirus, shutting down work two weeks. Since then, …
2/28/20
By: Michelle Yee and Josh Ferguson
The Superior Court of New Jersey recently affirmed the trial court’s summary decision in favor of the defendants and ruled that defendants were not obligated to remove snow and ice between parked cars until …
Federal Tax Spotlight: Energy Incentives for the Construction Industry in 2020
2/27/20
By: Catherine Bednar
While many individuals and businesses are currently focused on the upcoming deadlines for filing their 2019 tax returns, it is also an ideal time to consider potential tax benefits for 2020 construction projects. Those in the construction …
OSHA Issues Guidance on the Usage of Headphones on Construction Sites
2/13/20
By: Erin Lamb
In late 2019, OSHA released a letter of interpretation in response to employers’ questions regarding the rapidly increasing use of headphones on construction sites. The convenience, simplicity, and decrease in price of wireless headphones have made them …
Statute of Repose Does Not Bar Claims Resulting from Improper Maintenance
1/9/20
By: Tom McCraw
The Massachusetts Appeals Court recently held that the six-year statute of repose (G.L. c. 260, § 2B) did not bar a homeowner’s insurer’s subrogation claim against a gas company for damages caused by the company’s failure to …
Pennsylvania Taking Steps to Help the Small Contractor
11/21/19
By: Josh Ferguson
There are currently two bills in the Pennsylvania House of Representatives intended to limit the ability of property owners, managers and general contractors from pushing their liability onto the sub-contractors.
Pennsylvania State Representatives introduced House Bill 1887, …
Georgia’s Statute of Repose Bars Contractual Claims Involving Deficient Construction
11/21/19
By: Jake Carroll
Georgia’s statute of repose provides an eight (8) year deadline for actions seeking to recover damages for deficiencies in construction.[1] The period runs from the substantial completion of the work, and was enacted with the intent …
How Technology is Changing the Construction World
10/8/19
By: Aaron Miller
The construction industry is growing at an enormous rate. The Bureau of Labor Statistics expects the industry to add over 800,000 jobs between 2016 and 2026, finishing top amongst goods-producing industries. Part of the reason for …
The Statute of Repose Defense is Expanded
9/23/19
By: Jeff Alitz
In John C. Rankin v. South Street Downtown Holdings, Inc v. Truexcullins and Partners Architects, decided August 6, 2019, The New Hampshire Supreme court extended the application of that state’s Statute of Repose to bar not …
Georgia Federal Judge Enforces Contractual Liability Limitation, Cuts Jury Verdict in Half
9/19/19
By: Jake Carroll
A federal judge in Georgia enforced a limitation of liability clause in a construction contract for engineering services—reducing the jury’s award from $5.7 million to just over $2 million. See U.S. Nitrogen LLC v. Weatherly, Inc., …
California Prompt Payment Act: A Tool In The Tool Belt To Secure Payment
9/13/19
By: David Molinari
In the construction industry, payments come slowly. Prompt payment laws exist in some form nationwide and can vary from state to state. These laws serve to create timelines for when payments must be made and institute interest …
Speak Now or Forever Hold Your Peace: Construction Claim Arbitration and Res Judicata
8/20/19
By: Catherine Bednar
The Supreme Court of Connecticut recently affirmed the Appellate Court’s determination that when a property owner and a general contractor enter into binding, unrestricted arbitration to resolve disputes, the subcontractors are presumptively in privity with the general …