Construction

  • June 22, 2020

    Equitrans Misclassified Inspectors As OT-Exempt, Suit Says

    Equitrans Midstream Corp. and one of its units were hit with a proposed class action Monday in Pennsylvania state court, alleging that they improperly classified inspectors as exempt from overtime pay despite most regularly putting in 80-plus hours a week.

  • June 22, 2020

    High Court Won't Touch Trump's Security Tariffs

    The U.S. Supreme Court on Monday turned away a steel importer group's attempt to overturn duties imposed by President Donald Trump, leaving in place the administration's broad authority to restrict trade on the basis of national security.

  • June 19, 2020

    Woman Bilked Calif. Complex Investors of $21.6M, DOJ Says

    The FBI arrested a California woman Friday who is accused of swindling investors out of $21.6 million for a planned condominium and hotel complex in the Coachella Valley that was never built, telling Chinese investors their contributions would get them visas, prosecutors said.

  • June 19, 2020

    Mass. Carpenter Who Cut Off Own Thumb Can't Go To Trial

    A Massachusetts appellate panel on Friday affirmed the dismissal of a suit accusing a homeowner of causing a carpenter to sever his own thumb with a table saw due to an overcrowded workplace, saying the homeowner had no control over the workplace.

  • June 19, 2020

    EPA Issues Final Risk Evaluation For Methylene Chloride

    The U.S. Environmental Protection Agency found Friday that methylene chloride poses an unreasonable risk to humans in most circumstances, setting the stage for further regulation of the chemical under the Toxic Substances Control Act.

  • June 19, 2020

    NYC Construction Biz Sues Insurer Over $1M Injury Claim

    Illinois Union Insurance Co. must pay legal defense costs in a $1 million workplace injury case, a New York City construction company told a Brooklyn federal court Friday.

  • June 19, 2020

    Clock On $2.1M Contractor Bond Fight Started By Ch. 7 Ruling

    An Illinois federal judge has found that a subcontractor on a Washington, D.C., Metro project is owed a $2.1 million bond payment for funds clawed back in another subcontractor's bankruptcy, saying the statute of limitations began to run when the clawback was ordered.

  • June 19, 2020

    Real Estate Rumors: Wells, Link Real Estate NYC, Aureole

    Wells Fargo has reportedly loaned $26.32 million for a Florida logistics project, Link Real Estate NYC is reportedly hoping to get $16 million with the sale of a Florida mixed-use property and the owner of Aureole in Manhattan is said to have plans to convert the restaurant to a steakhouse.

  • June 19, 2020

    Texas Justices To Hear $43.5M Suit Over Crane Collapse

    The Texas Supreme Court said Friday it will review a decision to remand a construction superintendent's $43.5 million suit over injuries sustained after a crane collapsed and crushed his leg, drilling down on a state law defining an employer's "intent" to cause harm.

  • June 19, 2020

    Squire Patton's Dubai Office Nabs Dechert Int'l Arbitration Pro

    Squire Patton Boggs LLP has hired a seasoned construction disputes lawyer from Dechert LLP for its Dubai office, where he will take on international commercial arbitration and litigation matters that focus on real estate, infrastructure and energy projects.

  • June 18, 2020

    Trump's Relaxed Water Rule Threatens Wildlife, States Say

    A coalition of states and cities urged a California federal judge at a hearing Thursday to block a Trump administration rule narrowing the scope of the Clean Water Act, saying it threatens wildlife, wetlands and millions of miles of streams by excluding waterways long considered protected by the law.

  • June 18, 2020

    Chatterjee Downplays DC Circ. In Pipeline Appeal Overhaul

    Federal Energy Regulatory Commission Chairman Neil Chatterjee on Thursday insisted that a recently issued rule barring construction activities on gas infrastructure projects whose approval has been appealed isn't meant to sway the D.C. Circuit as the appeals court scrutinizes FERC's current administrative appeals policy.

  • June 18, 2020

    Real Estate Rumors: Fundrise, Housing Trust, Onni Group

    Fundrise has reportedly paid $7.5 million for a Maryland industrial property, Housing Trust Group is said to have broken ground on a Florida affordable housing project and Onni Group is reportedly hoping to build a 14-story office tower in an opportunity zone in Hollywood, California.

  • June 18, 2020

    Ga. Court Revives Suit Over 'Murder Kroger' Store Shooting

    The Kroger Co. must face a suit seeking to hold it responsible for the death of a construction worker who was shot outside an Atlanta outpost nicknamed "Murder Kroger," a Georgia appeals court ruled Thursday, saying there is a factual dispute as to whether the supermarket chain owed the victim a duty of care.

  • June 18, 2020

    Saul Ewing Adds Longtime Litigator For Miami Dolphins

    A former Shutts & Bowen LLP litigator with experience as lead trial counsel for a broad range of companies and a resume that includes advising professional sports leagues and teams such as the Miami Dolphins has joined Saul Ewing Arnstein & Lehr LLP's Miami office, the law firm said.

  • June 18, 2020

    House Democrats Pitch Sprawling $1.5T Infrastructure Bill

    House Democrats proposed legislation Thursday to invest up to $1.5 trillion in the nation's highways, railways, airports, water and broadband infrastructure, while also tackling climate change, housing and educational needs, in an effort to jump-start the U.S. economy battered by the pandemic.

  • June 18, 2020

    Trade Court Orders Closer Look At Duties On Indian Flanges

    The U.S. Court of International Trade has ordered the U.S. Department of Commerce to explain why it ignored an Indian producer's home market sales when calculating its final tariff, which ultimately drove down its anti-dumping duty.

  • June 18, 2020

    T-Mobile Comes Out On Top In Fight Over Steeple Antenna

    The sounds of the choir may not be the only thing filling the steeple of a coastal Massachusetts church, after T-Mobile scored a win in its battle with a town over plans to place coverage-boosting equipment inside the church's peak.

  • June 18, 2020

    OSHA Lays Out Road Map For 3-Stage Reopening Plan

    The U.S. Department of Labor's Occupational Safety and Health Administration on Thursday issued a blueprint on how nonessential businesses should reopen amid the coronavirus pandemic, answering questions that ran the gamut from testing and temperature checks to the risk of litigation.

  • June 18, 2020

    Former Mexican Gov. Cops To Money Laundering Scheme

    The former governor of a Mexican state has told a federal judge in Texas he is guilty of participating in a money laundering scheme to conceal bribes he received in exchange for handing out contracts to build roads in the state of Coahuila.

  • June 18, 2020

    New York Life Loans $97M For Florida Residential Project

    A New York Life real estate lending arm has provided $97 million in financing to the Brunetti Organization for a luxury residential project in Sunny Isles Beach, Florida, according to an announcement from the lender Thursday.

  • June 17, 2020

    PNC, Fla. Hotel Developers Seek Exit From EB-5 Fraud Suit

    PNC Bank and developers of a now-shuttered Miami Beach hotel asked a judge on Wednesday to let them out of a fraud suit by Chinese investors, arguing the investors had failed to tie the bank and the hotel to an alleged scheme to embezzle their EB-5 visa investment money.

  • June 17, 2020

    Greens Can't Sue Over Land Use Deal, Tribe Tells 9th Circ.

    A Native American tribe has told the Ninth Circuit a lower court wrongly held it waived sovereign immunity in a land use suit by environmental groups objecting to a settlement over a failed casino, saying the groups can't sue because they weren't a party to the deal.

  • June 17, 2020

    Willkie Sues Defense Agencies For Info On Taliban Payments

    International law firm Willkie Farr & Gallagher LLP has sued U.S. defense agencies for records of protection payments that government contractors in Afghanistan allegedly made to the Taliban, saying the agencies have failed to hand over the requested documents.

  • June 17, 2020

    Sherwin-Williams Accused Of Cutting Pandemic Pay From OT

    A former assistant manager at Sherwin-Williams is suing the paint manufacturer in Ohio federal court, alleging the company underpaid workers for overtime by failing to calculate regular bonuses and extra coronavirus pandemic pay into overtime rates.

Expert Analysis

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • Calif. Vapor Intrusion Guidance Promises More Consistency

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    The draft guidance on vapor intrusion released recently by a group of California environmental agencies should help address confusion resulting from varying approaches to vapor investigation and remediation used by different state regulators, says Laurie Berger at Environmental General Counsel.

  • A Creative Strategy For Repaying PPP Loans

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    Although most small businesses cannot meet the Payroll Protection Program's loan forgiveness requirements, using this CARES Act program in conjunction with the Small Business Debtor Reorganization Act could be the solution for companies trying to survive the current pandemic era, says Thomas Lehman at Levine Kellogg.

  • Novel Contract Defenses From Gov't May Not Sway Fed. Circ.

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    During oral arguments held Monday in two contractor breach cases involving Boeing and Parsons Evergreeene, the Federal Circuit seemed rightly skeptical of the U.S. government’s offer of controversial theories of waiver and jurisdiction, which would allow it to avoid the merits of such claims and provide ammunition for future motions to dismiss, says Nathaniel Castellano at Arnold & Porter.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • 5 Ways A Special IG Can Combat Crisis Relief Fraud

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    As companies and their counsel prepare for enforcement by the newly confirmed special inspector general for pandemic recovery responsible for overseeing CARES Act funds, Christy Goldsmith Romero, special inspector general for the Troubled Asset Relief Program, shares how her office has investigated fraud, waste and abuse of federal relief funds following the 2008 financial crisis.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • What Ebola Ruling Means For Contractors' COVID-19 Losses

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    Though the Civilian Board of Contract Appeals' recent decision in Pernix v. Department of State, denying a contractor's claim for additional costs incurred after the Ebola outbreak, is concerning for federal contractors impacted by COVID-19, the facts of the current pandemic may be sufficiently different, say Scott Walters and Alexander Gorelik at Smith Currie.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • 4th Circ. Seems Leery Of Divestiture Order In Doormaker Case

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    The Fourth Circuit's questions at oral arguments in the Steves and Sons v. Jeld-Wen antitrust case indicate that the district court's unprecedented order requiring Jeld-Wen to divest part of its business as an equitable remedy seems like the most likely basis for reversal, say Lauren Weinstein and Lauren Dayton at MoloLamken.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

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