Bilt-Rite but Otherwise Wrong? – How Far does Design Liability Extend in Pennsylvania?
8/4/17
By: Scott C. Hofer
It has long been held that construction design professionals and others who engage in the business of supplying information to others for pecuniary gain may be held liable if incorrect information is provided. See Bilt-Rite Contractors, …
The “City in a Forest” Only Saw the Trees: Prompt Pay Act Waiver Requires Specificity
6/8/17
The City of Atlanta v. Hogan Construction Group, LLC, A17A0520, June 7, 2017
By: Jake Carroll
A recent opinion from the Georgia Court of Appeals provides construction professionals with an excellent example of the benefits and consequences of contract drafting …
Is Your Project On The List?
4/12/17
By: Scott C. Hofer
In a change to the Pennsylvania Mechanic’s Lien Law of 1963 the Pennsylvania Department of General Services has opened the State Construction Notices Directory, which is now online and ready to accept lien-related notices. Pennsylvania has …
When it Comes to Materialmen’s Liens, it is Better to Be Safe than Sorry
3/13/17
By: Jake Carroll
While every construction law practitioner should be aware of the numerous technical requirements of Georgia’s lien law, last week, the Georgia Court of Appeals sent yet another reminder that there is little room for error when it …
The Fate of REAXX
2/13/17
By: Daniel A. Nicholson
Per a January 27th ruling, the International Trade Commission (ITC) has ordered Customs to exclude “Bosch Reaxx table saws, and cartridges for those saws, from entering the United States” and issued a Cease and Desist …
Eleventh Circuit Rules: Attorney’s Fees for Everyone! (Including Sureties and General Contractors)
1/31/17
By: Jake Carroll
In U.S.A. f/u/b/o RMP Capital Corp. v. Turner Construction Co., et al., 2017 WL 244066 (11th Cir. 2017) (unpublished), the Court of Appeals for the Eleventh Circuit clarified a previously undecided area of law in …
Changes May Be Coming for H-1B Visa Program
1/12/17
By: Timothy Holdsworth
Recently, Representative Darryl Issa (R-California) re-introduced legislation that would work several significant changes to the H-1B visa program by “closing a loophole” in the current legislation. Currently, Companies must first take good faith steps to recruit and …
Homebuilder Confidence Doesn’t Translate to a Homebuilding Boom
12/21/16
By: Kristian Smith
Confidence doesn’t always translate to construction. A survey from the National Association of Home Builders released earlier this month showed the highest level of homebuilder confidence in 11 years. But the numbers released by the U.S. Census …
Use It or Lose It: Georgia Court of Appeals Upholds Finding of Arbitration Waiver
12/12/16
By: Jake Carroll
Recently, the Georgia Court of Appeals held that a party’s conduct in an original cause of action can constitute a waiver of its right to arbitrate in a renewed action. The opinion brings Georgia jurisprudence in line …
OSHA’s New Rule Requires Electronic Filing and Ditching the Post-Accident Drug Test
12/5/16
By: Daniel Nicholson
Employers may need to rethink their onsite injury and illness policies after the Occupational Safety and Health Administration (OSHA) released a new rule titled “Improve Tracking of Workplace Injuries and Illnesses.” With the objective of improving the …
A New Ruling in the SawStop vs. Bosch Lawsuit
10/24/16
By: Daniel A. Nicholson
A favorable court ruling should be giving SawStop some confidence in its ongoing patent dispute with Bosch concerning the sale of Bosch’s REAXX table saws, but it doesn’t mean that REAXX customers will be left in …
How Can Bosch Release a Saw Given the Current Lawsuit?
10/20/16
By: Daniel A Nicholson
Bosch announced in April that it will release its Reaxx table saw despite an ongoing patent dispute with SawStop. News of the June 1st delivery date was accompanied by a press release highlighting the safety features …