Construction

  • June 05, 2020

    HomeAdvisor's 'Submit' Button Invokes Arbitration Agreement

    A group of Dallas-area homeowners must arbitrate their state court fraud and conspiracy claims against digital home services marketplace HomeAdvisor Inc. because they agreed to the terms when they submitted searches for contractors on the website, a Texas appellate court has ruled.

  • June 05, 2020

    3 Lingering Opportunity Zone Questions Amid The Pandemic

    The COVID-19 pandemic has severely slowed the commercial real estate market as investors are skittish and banks are reluctant to loan, and while the IRS on Thursday provided important relief for investors in opportunity zone projects, questions and hurdles for such deals still remain. Here, Law360 looks at several.

  • June 05, 2020

    DC Circ. Told NRC Shouldn't Review Illegal Nuke Storage Plan

    An environmental group is urging the D.C. Circuit to force the U.S. Nuclear Regulatory Commission to stop considering an application to build a nuclear waste storage facility in New Mexico that the group says requires a license forbidden by energy law.

  • June 05, 2020

    $17M Philly Sewer Project Blocked Over Contract Dispute

    A Pennsylvania appeals court agreed on Friday to force a contractor to halt its work on a $17 million sewer project for the city of Philadelphia, after ruling that a rival bidder had raised valid concerns over whether the contractor was entitled to preference as a local business entity.

  • June 05, 2020

    Real Estate Rumors: Acento, 24 Hour Fitness, Time Equities

    Acento Real Estate Partners has reportedly landed $114 million in financing for three Baltimore-area multifamily properties, 24 Hour Fitness is said to be seeking a buyer ahead of a planned bankruptcy filing, and a Time Equities venture has reportedly halted construction of a Chicago condo tower over coronavirus concerns.

  • June 05, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a Chinese billionaire dissident launch another legal fight with UBS AG, a demolition company lodge a negligence claim against Hiscox and an asbestos solutions provider and an airport sim card seller target telecommunications giant Vodafone. Here, Law360 looks at those and other new claims in the U.K.

  • June 04, 2020

    Trump Signs Executive Order To Speed Up Project Approvals

    President Donald Trump signed an executive order Thursday instructing agency heads to use "emergency authorities" to sidestep environmental laws and quickly approve major projects like highways, saying the COVID-19 pandemic created a situation that required quick action to stimulate economic growth.

  • June 04, 2020

    Insurer Needn't Cover Builder's Dolphins Stadium Claims

    Berkley Assurance does not have to cover claims against its insured, Hunt Construction Group, in connection with Hunt's work on the Miami Dolphins stadium, a New York federal judge ruled Thursday.

  • June 04, 2020

    EEOC Says Contractor Didn't Stop Noose References, Slurs

    A San Antonio-based contractor allowed white workers at a New York construction site to repeatedly reference nooses to black colleagues and make other explicitly racist and stereotypical comments, the U.S. Equal Employment Opportunity Commission has alleged in a new suit.

  • June 04, 2020

    Feds Take Charge Of False Claims Suit Over Hurricane Relief

    The U.S. Department of Justice is taking charge of a whistleblower suit alleging military contractor AECOM submitted false claims to the Federal Emergency Management Agency for funding to rebuild universities and institutions damaged by Hurricane Katrina in 2005 after investigating the employee's claims.

  • June 04, 2020

    Mooring Co. Sues Wind Energy Biz Over Unpaid $7M Bill

    Mooring and offshore construction company InterMoor on Wednesday filed a suit against Baltimore-based offshore wind energy company U.S. Wind in New York federal court, claiming it refused to pay a more than $7 million bill for work on a Maryland offshore wind farm.

  • June 04, 2020

    1st Circ. Nixes Permit For Enbridge Unit Pipeline Facility

    The First Circuit has vacated an air pollution permit for a Massachusetts facility that is part of the $1 billion Atlantic Bridge pipeline project operated by a unit of an Enbridge Inc. subsidiary, saying it was improperly approved by state regulators.

  • June 03, 2020

    Construction Tech Co. Prescient Gets $90M Financing

    Construction engineering company Prescient Co. Inc. announced Wednesday it has received $90 million in financing from Greenwich, Connecticut-based holding company Eldridge Industries LLC.

  • June 03, 2020

    Fla. Utility Wants Construction Co. To Pay For Gas Accident

    A Florida utility told the state's Supreme Court on Wednesday that a construction company should pay for a settlement the utility had to pay out to the company's worker for injuries he suffered when he hit an underground natural gas line during a highway project.

  • June 03, 2020

    Feds Want Out Of NextEra Kan. Wind Farm Suit

    The federal government has moved to ax claims against it in a proposed class action that aims to halt construction of a NextEra Energy Inc. wind farm in Kansas and alleges the project lacks proper review of its potential to harm a local tribe and rural agricultural community.

  • June 03, 2020

    House Transportation Leaders Tout $500B Infrastructure Bill

    House Democrats on Wednesday proposed investing nearly $500 billion in the nation's roads, railways, transit and other surface transportation infrastructure, while also addressing climate change and a potential new funding alternative to the federal gas tax.

  • June 03, 2020

    5 Environmental Regulations To Watch For This Summer

    The Trump administration has completed some of its top deregulatory efforts, weakening environmental rules for power plants, cars and waterways. But the administration is racing to beat a statutory deadline after which Democrats can undo final rules if they sweep the November elections.

  • June 03, 2020

    Okla. Builder Pays $2.8M To Settle Small Biz Contract Claims

    An Oklahoma construction company and its affiliates have agreed to pay $2.8 million to settle accusations they fraudulently portrayed themselves as small businesses to win contracts from the Small Business Administration, the U.S. Department of Justice said.

  • June 03, 2020

    Burns White Cut From Pa. Case For Repping Insurer In W.Va.

    Burns White LLC can't represent a construction company in an insurance bad faith case in Pennsylvania because it already represented the insurer in West Virginia when the law firm hired an attorney who brought the construction client with him, a Pittsburgh federal judge ruled Wednesday.

  • June 03, 2020

    Neal, Mnuchin To Negotiate Virus Relief Bill, Infrastructure

    Treasury Secretary Steven Mnuchin and Rep. Richard Neal, D-Mass., the House Ways and Means Committee chair, will meet this week to continue negotiations on another round of coronavirus relief legislation that could include major infrastructure spending, Neal said Wednesday.

  • June 03, 2020

    Real Estate Rumors: HighBrook, WeWork, Pointe Development

    HighBrook Investors has reportedly scored $29 million in financing for a Washington, D.C.-area office property, WeWork is said to be seeking to call off a lease for a new London building and Pointe Development may pay $10 million for Miami-Dade County land where it could build affordable housing.

  • June 03, 2020

    Tyson & Mendes Adds Wood Smith Partner To Insurance Team

    Tyson & Mendes LLP has hired away the managing partner of Wood Smith Henning & Berman LLP's New York office to bolster the civil defense firm's expanding insurance defense team.

  • June 02, 2020

    After $112M Loss, Control Co.'s Website Draws Contempt Fine

    A German seller of control systems for construction equipment faces a $10,000-a-day penalty for relaunching a sales website and violating a judge's order entered after it lost a $112 million trial to a former business partner, the federal judge in Oklahoma City ruled Tuesday.

  • June 02, 2020

    DHS Can Exempt Immigration Programs From Enviro Review

    The U.S. Department of Homeland Security can exclude certain immigration policies from review over environmental harm after a California federal judge ruled that the exemption doesn't lead to higher immigration numbers, let alone population-driven ecological degradation.

  • June 02, 2020

    3 Takeaways From The EPA's New Water Permit Rule

    The U.S. Environmental Protection Agency this week ended years of deference to state and tribal governments to enforce Clean Water Act requirements on pipeline projects that cut through their jurisdictions, in a bid to deliver more regulatory certainty to developers, but the landmark change is far from cemented as it likely will face tough challenges in court.

Expert Analysis

  • How COVID-19 Might Uproot Centuries Of Litigation Traditions

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    Litigation has historically been an in-person activity, but the COVID-19 crisis might bring a long-lasting shift toward adoption of technologies that allow discovery and other litigation activities to proceed in a manner that preserves social distancing, say Elisabeth Ross and Christopher Hennessy at Cozen O’Connor.

  • Consider Legal Ramifications Before Recording Video Calls

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    Given the ease with which videoconference participants can unwittingly risk civil and criminal liability by unlawfully recording calls, attorneys should be mindful of — and clients may appreciate prospective advice on — state consent laws and the various meeting platforms' consent features, say Daniel Rozansky and Crystal Jonelis at Stubbs Alderton.

  • Rethinking The Open Office In Light Of COVID-19

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    Many companies, and even some law firms, adopted open-office designs over the last 20 years without any consideration of disease transmission between employees, and now one questions whether such designs may act as a significant impediment to post-pandemic reopenings, says Steven Moore at Withers.

  • 3 Tips For Deposing Difficult Witnesses Remotely

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    Taking a deposition of an uncooperative witness is one task made immeasurably more difficult during the current pandemic, and certain deposition styles that may be extremely forceful in person may have limited effectiveness over videoconference, says Qian Julie Wang at Robins Kaplan.

  • Contract Performance During Pandemic: Lessons From 1918

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    It makes sense to look for answers to today's contract questions in the legal aftermath of the 1918 flu pandemic — and there is plenty of case law finding that the crisis did not excuse a duty to perform, say April Farris and Heaven Chee at Yetter Coleman.

  • Problematic 'Unavailability' Insurance Exception Lives On

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    The Maryland Court of Appeals’ unfortunate decision in Rossello v. Zurich represents the second time in the last six months that a state supreme court has approved unavailability of insurance as an exception to the general rule of time-of-the-risk proration for long-tail claims, based on case law that is no longer good authority, says Michael Aylward at Morrison Mahoney.

  • Restructuring Commercial Real Estate Leases During COVID

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    Following state orders shutting nonessential businesses due to the coronavirus pandemic, commercial landlords and tenants motivated to engage in a good faith lease-restructuring dialogue have multiple tools — such as rent abatements and deferrals — at their disposal, say attorneys at Nelson Mullins.

  • Opinion

    New Jersey's Plan For 2020 Law Grads Is Brilliant

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    The New Jersey Supreme Court's much-needed order allowing this year's law school graduates to practice prior to being admitted should be adopted in New York — and developed further even after the pandemic ceases, says attorney Dmitriy Shakhnevich.

  • Managing E-Discovery Providers In Times Of Crisis

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    Retention of e-discovery providers usually involves considerable time and several layers of approval, but practicalities during the current emergency have proven that law firms must have the acuity to make smart but quick game-time decisions, says Shannon Capone Kirk at Ropes & Gray.

  • Witness Preparation Tips For Your Next Video Deposition

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    Just like in a normal deposition, remind your witness that testimony provided via videoconference may be used in a courtroom, so they must be mindful of everything they say or don’t say, the space they are in, and their attire, say Adam Bloomberg and Merrie Jo Pitera at Litigation Insights.

  • Key Concerns For Wind Projects During COVID-19: Part 2

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    Wind energy developers racing against coronavirus-related delays to bring projects online by year's end should carefully review loan maturity dates, financial covenants, and agreements covering turbines, engineering, procurement and construction to ensure timely project completion, say attorneys at McDermott.

  • How Borrowers Can Respond To The Real Estate Downturn

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    Following the disruption COVID-19 has caused to the real estate market, borrowers should systematically investigate their portfolios, conduct triage, proactively communicate with lenders, and take time to understand their recourse exposure and creeping carveouts to nonrecourse agreements, say attorneys at Manatt Phelps.

  • Key Concerns For Wind Projects During COVID-19: Part 1

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    With the wind energy tax credit safe harbor expiring in December, many wind projects are aiming for completion by year's end — but COVID-19 disruptions mean that sponsors and borrowers must review tax equity, financing, offtake and other documents to ensure compliance with obligations, say attorneys at McDermott.

  • Rebuttal

    In Defense Of Virtual Mediation

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    A recent Law360 guest article highlighted reluctance among some in the legal community to embrace video mediation, but when assessing the concerns, it quickly becomes clear that the disinclination is not rooted in any firm rationale, says Michael Willemin at Wigdor.

  • A Call To Action For The Coming Insurance Litigation Siege

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    Anticipating an onslaught of insurance litigation over coronavirus business interruption claims, G. Andrew Lundberg at Burford Capital paints a picture of what cooperation could look like among lawyers, courts, legislatures, regulators, insurers and policyholders dealing with this once-in-a-generation stress on the nation's judicial resources.

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