Construction

  • January 31, 2024

    Solar CEO Says Feds Skimped On Offshore Wind Farm Review

    A solar developer fighting federal approvals for an offshore wind project taking shape off Massachusetts told the First Circuit the government took an improper "slice and dice" approach to conclude that construction would not significantly harm endangered North Atlantic right whales.

  • January 31, 2024

    Biden Climate Team Gains New Int'l Aide, EPA Air Leader

    In significant moves for the Biden administration's climate agenda, the White House on Wednesday said John Podesta will replace John Kerry as President Joe Biden's top international climate change policy adviser and the U.S. Senate confirmed Biden's pick to lead the Environmental Protection Agency's air office.

  • January 31, 2024

    Drowned Dredging Worker's Widow Hits Feds With $4M Suit

    The Army Corps of Engineers' failure to properly ensure safe working conditions for workers contracted to dredge the Delaware River led to the death of a man who fell from an elevated work platform and drowned, according to a $4 million suit by the man's widow.

  • January 31, 2024

    NYC Developer Gets OK To Seek Votes For Ch. 11 Plan

    The developer of a stalled construction project in New York City's West Chelsea can solicit votes on its most recent Chapter 11 plan, which includes an $87.4 million sale of the property, a Delaware bankruptcy judge said at a hearing Wednesday.

  • January 31, 2024

    Insurer Says Dispute Over Developer's HVAC Claim Settled

    A Tokio Marine unit notified a Minnesota federal court Wednesday that it has reached an agreement with a construction company and subcontractor in a coverage dispute over a property developer's claim that the companies must pay to replace part of a residential HVAC system.

  • January 31, 2024

    No Fee Win For Condos After Midcase Appeal, 11th Circ. Told

    The Eleventh Circuit should not grant attorney fees to two Florida condominium associations that persuaded the court to reject Empire Indemnity Insurance's bid to avoid appraisal, the insurer told the court, arguing their victory over the insurer's appeal doesn't entitle them to recover those costs.

  • January 31, 2024

    Tribes, Enviro Orgs. Try To Join Tongass Roadless Rule Fight

    A coalition of tribes, conservation groups, fishers and tourism businesses is pushing to help defend a 2023 rule that reinstated roadless area protections for about 9 million acres in Tongass National Forest and is now being challenged by Alaska, power companies and business and industry groups.

  • January 31, 2024

    Treasury Aims To Finish Credit Monetization Rules In 2024

    The U.S. Department of the Treasury aims to issue final rules this year on two new ways to monetize tax credits tied to clean energy construction projects, known as the direct pay and transferability methods, an official said.

  • January 30, 2024

    Biden Admin. Finalizes Immigration Fee Hikes

    U.S. Citizenship and Immigration Services on Tuesday firmed up immigration fee increases that will significantly raise the costs for employers to hire noncitizen workers, but offered some concessions in response to criticism that earlier proposed rates were too high.

  • January 30, 2024

    Paint Co., Insurer Denied Wins In Asbestos Coverage Spat

    A drywall and paint company and its excess insurer can't toss each other's cross-claims in a lawsuit by the company's primary insurers, a Texas federal judge ruled, finding Tuesday that both parties sufficiently pled their arguments in the dispute over whether the company exploited its primary insurers in underlying asbestos litigation.

  • January 30, 2024

    DC Judge Hints At Tossing 2020 Fla. Enviro Review Transfer

    A D.C. federal judge hinted that he was considering granting a collective of environmental groups' request to undo the transfer of a key environmental permitting step from the federal government to Florida state regulators, a move the groups say threatens protections for endangered species.

  • January 30, 2024

    Conn. Security Co. Says Toll Bros. Deal Caused $1.6M Loss

    The president of two Connecticut-based home security entities facing a $2.7 million prejudgment remedy bid in a contract feud filed by a Toll Brothers Inc. subsidiary on Tuesday testified that his companies lost $1.6 million by buying some of the nationwide home builder's accounts.

  • January 30, 2024

    Wash. Panel Says Legal Malpractice Suit Is Time-Barred

    A Washington state appeals court declined on Tuesday to revive a case accusing a law firm of botching terms in the sale of a client's construction company, finding that the client waited past the three-year statute of limitations to file his legal malpractice claims.

  • January 30, 2024

    Holtec, Firm Fined $5M Over NJ Tax Credit Applications

    A New Jersey-based energy technology company and a real estate firm are avoiding criminal prosecution for unlawfully exploiting a state tax incentive program by agreeing to pay $5 million in penalties and be monitored in future applications for state benefits, the state attorney general announced Tuesday.

  • January 30, 2024

    Tenn. Judge Hands Insurer Win In Collapse Coverage Trial

    A North Carolina-based insurance company isn't obligated to cover over $1 million in claimed damages and lost rental income connected to the restoration of a century-old building in Chattanooga, a Tennessee federal judge found in a trial ruling Tuesday.

  • January 30, 2024

    Pipeline Builder Says Insurer Owes Defense In Explosion Suit

    A pipeline construction company told a Texas federal court Tuesday that a subcontractor's insurer must defend the company in a personal injury suit stemming from a nitrogen gas explosion, asserting that it qualifies as an additional insured.

  • January 30, 2024

    FERC Can't Justify Grid Upgrade Cost Order, NY Utilities Say

    New York utilities fired back at the Federal Energy Regulatory Commission's defense of its refusal to allow them to earn returns from grid upgrades, telling the D.C. Circuit the commission has ignored the impact of climate change on the electrical grid and has misinterpreted the Federal Power Act.

  • January 30, 2024

    Pipeline Cos. To Pay $7.4M For Oil Spill On Tribal Land

    U.S. officials are proposing an agreement for two companies to pay $7.4 million in penalties to settle Clean Water Act claims stemming from a July 2022 pipeline rupture in Oklahoma that spilled several hundred thousand gallons of crude oil into a creek on land owned by the Sac and Fox Nation.

  • January 30, 2024

    Fennemore Craig Growing In Calif. With Sullivan Hill Merger

    In its latest West Coast expansion, Fennemore Craig PC announced Tuesday it is widening its footprint in San Diego through a merger with Sullivan Hill, with the latter's experts in insurance, construction, commercial bankruptcy and employment law joining Fennemore's existing four-attorney team in the city.

  • January 30, 2024

    EB-5 Investors Can Probe Atty Accounts In Settlement Search

    Chinese investors looking to collect long-overdue settlement and sanctions judgments in a fraud case can probe the bank accounts for attorneys representing two real estate developers accused of constantly shifting their assets to avoid paying up, an Illinois federal judge said Tuesday.

  • January 30, 2024

    Colo. Worker Says Pa. Staffing Agency Shorted Wages

    A Pennsylvania staffing agency has been underpaying its Colorado workers, slashing overtime wages by paying them only for their scheduled hours rather than hours they worked and rounding their time sheets to the nearest full hour, according to a proposed class action in Pennsylvania state court.

  • January 29, 2024

    Solar Importers Call To End Suit Over Tariff Reprieve

    Solar energy industry groups and equipment suppliers have piled up motions to intervene in support of the government in a case challenging President Joe Biden's pause on solar circumvention tariffs, with two calling to toss the suit altogether.

  • January 29, 2024

    Builder Tries To Sink Lawsuit Over Failed NC Venture

    A North Carolina builder has pushed back against a lawsuit from his former business partner seeking the return of a Charlotte-area property, saying that the filing doesn't include a necessary party and that the claims are derivative.

  • January 29, 2024

    Ex-Union Leader Says Witness Should Sink Embezzlement Verdict

    Former Philadelphia union leader John Dougherty asked a federal judge Monday to undo his conviction on nine counts of embezzlement, arguing that a contractor's testimony failed to prove Dougherty knew the contractor was billing the union for work on union officials' personal properties.

  • January 29, 2024

    International Arbitration Expert Rejoins Curtis In Geneva

    Curtis Mallet-Prevost Colt & Mosle LLP has announced that "a leading lawyer of her generation" in international disputes and international arbitration has rejoined the firm as a partner in its Geneva office.

Expert Analysis

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Rebuilding The Construction Industry With AI

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    Artificial intelligence in the construction industry will usher in a new era of innovation and efficiency, leading to cheaper, safer and more environmentally conscious building practices, but it will also bring concerns related to data security, workforce training and job displacement, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Mass. Bill May Alter Deals Involving Both Goods And Services

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    Massachusetts' proposed H.B. 1112 would adopt several model Uniform Commercial Code amendments, including a new rule for hybrid transactions that could affect risk assessments made by lenders in determining whether to make loans that involve materials and equipment, especially in the context of construction projects, say attorneys at Barclay Damon.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Calif. GHG Disclosure Law Will Affect Companies Worldwide

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    California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.

  • New DOJ Roles Underscore National Security Focus

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    The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.

  • What Panama Canal Award Ruling Means For Int'l Arbitration

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    As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • EB-5 Investment Period Clarification Raises More Questions

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    U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.

  • A Look At Competition Enforcers' 2026 World Cup Game Plan

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    Ahead of the 2026 FIFA World Cup, competition authorities of the host nations, the U.S., Mexico and Canada, have recently launched a joint initiative to police collusive schemes, setting an example for other countries' cross-border collaboration — so companies pursuing tournament opportunities should take note, say Carsten Reichel and Will Conway at Norton Rose.

  • Extreme Weather And Renewable Project Insurance Coverage

    Excerpt from Practical Guidance
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    The regularity and severity of extreme weather events driven by climate change are putting renewable energy projects increasingly at risk — so project owners, contractors and investors should understand the issues that can arise in these situations when seeking recovery under a builder's risk insurance policy, say Paul Ferland and Joshua Tumen at Cozen O'Connor.

  • Series

    ESG Around The World: Japan

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    Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

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