Construction

  • March 13, 2024

    NC City Asks State Justices To Review Homebuilders' $5M Win

    The North Carolina city of Greensboro urged the state's high court to review the $5.25 million judgment won by D.R. Horton Inc. and True Homes LLC in the homebuilders' class action accusing the city of charging illegal preservice water fees.

  • March 13, 2024

    Dodging Attempt Doesn't Invalidate Service, 3rd Circ. Told

    A consulting firm suing a construction company for failing to pay for its services related to a separate lawsuit against the U.S. Department of Veterans Affairs told a Third Circuit panel Wednesday that it served process to the defendant, in spite of the principal's alleged attempts to dodge service.

  • March 13, 2024

    NYC Condo Developer's Ch. 11 Liquidation Plan Gets OK

    A Delaware bankruptcy judge on Wednesday approved the Chapter 11 liquidation plan of 540 West 21st St. Holdings LLC, the developer of a scrapped luxury condo project in New York City's West Chelsea neighborhood, overruling an objection from the managers of a neighboring building.

  • March 13, 2024

    Autism Claims Tossed In Lockheed Martin Toxic Land Suit

    A Florida federal judge has thrown out autism-related claims in a suit alleging Lockheed Martin Corp.'s weapons factory in Orlando leaked toxic chemicals, saying the science underlying the plaintiffs' expert's opinion "is just not there."

  • March 13, 2024

    Flint Found In Contempt Over Lead Pipe Replacement Delays

    A Michigan federal judge has found the city of Flint in contempt for dragging its heels on court orders to replace the city's lead pipes after a 2017 settlement, finding that its belated, partial compliance was not enough to avoid the sanction.

  • March 13, 2024

    Patriots Owner Flags $2M Lien On 'Useless' Skydiving Facility

    The real estate business of New England Patriots owner Bob Kraft asked a Massachusetts judge to discharge a $2 million mechanic's lien on a defunct indoor wind tunnel and skydiving attraction at a shopping center next to the football team's stadium.

  • March 13, 2024

    Tower Taxes To Partly Fund $10B Midtown NYC Bus Terminal

    Tax revenue from up to three private towers would help pay for a $10 billion replacement of the aging Port Authority Bus Terminal in Midtown Manhattan, under a deal approved by New York Gov. Kathy Hochul, New York City Mayor Eric Adams and the Port Authority of New York and New Jersey.

  • March 13, 2024

    Blackstone Closes $600M Credit Deal For Utah Data Center

    Blackstone Credit & Insurance has provided a $600 million senior secured credit facility for Aligned Data Centers' data center development project in West Jordan, Utah, the companies have announced.

  • March 12, 2024

    Lima Loses Bid To Duck $140M Arb. Awards In Highway Row

    A D.C. federal judge on Tuesday refused to overturn $140 million in arbitral awards against the city of Lima, Peru, stemming from its dispute with a highway contractor, ruling that the contractor won those two awards "fair and square."

  • March 12, 2024

    Contractor Seeks Arbitration In $3M Guam Military Base Fight

    An electrical contractor has petitioned a Guam federal court to order a California-Japanese joint venture that had hired it for a project to improve U.S. military facilities to arbitrate their dispute related to nearly $3 million in allegedly unpaid costs.

  • March 12, 2024

    Feds Cement Plea Deals In Ready-Mix Bid Rig Case

    A Georgia concrete company and an executive accused of participating in a price-fixing and bid-rigging scheme have reached plea agreements with the federal government, according to notices filed Tuesday.

  • March 12, 2024

    Sluggish Policy Could Chill Geothermal Boom, Advocates Say

    Geothermal energy development is having a moment as advances in drilling technologies are attracting more government and private investment, but industry experts say the policy and regulatory landscape isn't keeping pace and needs to catch up to the market.

  • March 12, 2024

    Contractor Says Claims Over Nixed $18M Army Corps Deal Valid

    An Army Corps of Engineers construction contractor told a Court of Federal Claims judge it had properly supported its arguments that the Corps waived a contract deadline before terminating an $18.1 million contract for default, and that the company had been entitled to a time extension.

  • March 12, 2024

    Unions Say China's Shipbuilding Boom Is Based On Unfair Trade

    The United Steelworkers and other labor unions called on the Biden administration to investigate unfair trade practices in China's shipbuilding sector in a 4,000-page petition Tuesday, calling empty U.S. shipyards a threat to national security and critical supply chains.

  • March 12, 2024

    Mich. Firms Mishandled $38M Trusts, Suit Says

    A pair of Michigan law firms didn't properly advise the trustee of a construction mogul's trusts worth more than $38 million, leading the trusts to pay excessive attorney fees, lose most of their value and miss out on tax breaks, a special fiduciary tasked with investigating the trusts' handling has alleged.

  • March 12, 2024

    Trustee Claims MV Realty Used Ch. 11 To Dodge State Actions

    The U.S. trustee in the Chapter 11 bankruptcy of MV Realty argued on Tuesday that a Florida federal judge should dismiss or convert the case, alleging that the real estate company is simply using the action to stall state prosecutors and rack up fees against homeowners instead of reorganizing.

  • March 12, 2024

    GOP's Crapo Wants Quick Resolution Of Tax Relief Package

    The Senate Finance Committee's top Republican tax writer said Tuesday that he wants to quickly resolve sticking points in pending bipartisan tax legislation that contains key incentives for families and businesses in order to advance a bill that would boost U.S. manufacturing.

  • March 12, 2024

    CIT Accepts Revised Ruling Freeing Importer From Pipe Duties

    The U.S. Court of International Trade accepted a U.S. Department of Commerce ruling freeing a piping products manufacturer from paying duties on Chinese pipe fittings to import its flange fittings, saying the reworked decision was supported by the evidence.

  • March 12, 2024

    6th Circ. Won't Revive Mich. Mall's Faulty Parking Lot Suit

    A general contractor is not liable for a Michigan parking lot that began to fail "mere months" after construction, the Sixth Circuit said, finding the company did not violate its contract with outlet mall chain Tanger.

  • March 12, 2024

    No Jail Time For Brothers In NYC Mayor Straw Donor Case

    Two brothers at the helm of a Queens construction safety company won't serve any prison time for their roles in a straw donor scheme that inflated public funding for New York City Mayor Eric Adams' 2021 campaign, a judge ruled Tuesday.

  • March 11, 2024

    Panama Port Fight Belongs In Chancery Court, H.K. Co. Says

    A Hong Kong company alleging that its interest in a lucrative port project near the Atlantic entrance to the Panama Canal is being stolen has urged a Delaware federal court to remand its lawsuit back to the Chancery court, saying the suit's removal last month was a delay tactic.

  • March 11, 2024

    Contractor Wants Mich. Judge To Rethink Agreement Order

    A demolition company has urged a Michigan federal judge to reconsider his finding that the number of labor contracts between its parent association and a union fund was ambiguous and needed more thought by an arbitrator, saying evidence on the record shows that the contractor was bound by just one agreement.

  • March 11, 2024

    Fla. Biz Owner Says Insurer Left Co. On Hook For $12M Award

    The owner of a Florida Keys construction and landscaping company told federal jurors Monday that it made no sense for National Indemnity Company of the South to tender the policy limits to his employee involved in a fatal crash while leaving the company exposed and forced to go to trial, where it was hit with an $11.8 million judgment.

  • March 11, 2024

    Atlanta Must Pay EPA $485K Fine Over Trail Construction

    The city of Atlanta will be forced to pay a $485,000 fine to the U.S. Environmental Protection Agency over its unauthorized construction of a public trail along a protected creek after a Georgia federal judge ruled Monday that the project had violated the terms of a decades-old consent decree.

  • March 11, 2024

    Travelers Owes No Coverage For Mo. Wall Mishap, Judge Says

    Travelers has no duty to provide over $1.4 million to a St. Louis area property developer for administrative expenses and loss of rental income stemming from a retaining wall failure, a Missouri federal court ruled Monday, finding such coverage didn't extend to additional insureds on a general contractor's policy.

Expert Analysis

  • Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief

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    In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Looking For Defense Contract Appeal Trends In Annual Report

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    A deep dive into the Armed Services Board of Contract Appeals annual report for the 2023 fiscal year reveals increases in the number of cases filed, pending motions and expedited or accelerated cases, while the board disposed of fewer cases than in prior fiscal years, say Scott Flesch and Alexandra Prime at Miller & Chevalier.

  • 2nd Circ. Holding Could Disrupt SEC Disgorgement Methods

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    A recent Second Circuit decision in U.S. Securities and Exchange Commission v. Govil that held disgorgement to be an equitable remedy has the potential to substantially disrupt the SEC's long-standing approach to monetary remedies in many of the cases the agency brings, say attorneys at Debevoise.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Series

    ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • A Look At Successful Bid Protests In FY 2023

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    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

  • A Bird's Eye View Of NYC's New Parapet Inspection Law

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    Building owners in New York City should be ready for the city's new parapet inspection requirements going into effect in January, which will likely necessitate additional construction work for countless buildings not previously subject to formal inspections, says Benjamin Fox Tracy at Braverman Greenspun.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • AI Use May Trigger False Claims Act's Public Disclosure Bar

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    The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.

  • Unpacking GAO's FY 2023 Bid Protest Report

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    The U.S. Government Accountability Office's recent bid protest report reflects an increase in sustained protests, illustrating that disappointed offerors may see little reason to refrain from seeking corrective action — but there is more to the story, say Aron Beezley and Patrick Quigley at Bradley Arant.

  • Key Shifts In EU, UK Emissions Credits: Challenges For Cos.

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    An upcoming deadline to apply for free carbon dioxide emissions allowances in the European Union, and a reduction in the supply of similar allowances in the U.K., are likely to increase competition for allowances, and cause production, supply chain and contract issues for companies, say attorneys at Orrick.

  • 5th Circ. Ruling May Beget Fraud Jury Instruction Appeals

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    The Fifth Circuit’s recent U.S. v. Greenlaw decision, disapproving disjunctive fraudulent-intent jury instructions, will likely spawn appeals in mail, wire and securities fraud cases, but defendants must show that their deception furthered ends other than taking the victim's property, says Charles Fowler at McKool Smith.

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