Construction

  • April 03, 2020

    Ex-Lawmakers Say Border Wall Emergency Status Was 'Sham'

    Former members of Congress urged the Fifth Circuit on Friday to uphold a ruling blocking the Trump administration from diverting $3.6 billion to border wall construction, arguing that a real national emergency like the COVID-19 outbreak shows that the president's earlier emergency declaration was a "sham."

  • April 03, 2020

    Insurer Told To Defend Builder In Construction Defect Suits

    A South Carolina federal judge on Friday ruled that one of six insurance companies locked in a massive dispute with a general contractor must cover the builder's defense of a pair of construction defect suits alleging a neighborhood subdivision was badly constructed, causing property damage. 

  • April 03, 2020

    Real Estate Rumors: Gemini Rosemont, Apex, AvalonBay

    Gemini Rosemont is said to have bought a Brooklyn development site for $18.6 million, an Apex Financial Advisors affiliate has reportedly paid $24.85 million for a Philadelphia-area office building and AvalonBay is said to be teaming up with Mast Capital on a Florida mixed-use project.

  • April 03, 2020

    Steel Co. Says It's Owed $22M After Joint Venture Corroded

    Steel rebar company Traxys said it is owed nearly $22 million in cash and inventory after its joint venture partner reneged on their business agreements, according to documents filed in New York federal court.

  • April 03, 2020

    Zurich Not Liable For Full $2.7M Asbestos Award In Md.

    Maryland’s highest court held Friday that Zurich American Insurance Co. is not obligated to cover the entire $2.7 million judgment against a mechanical contractor in a bank worker's asbestos injury suit, finding instead that the insurer must only cover a portion of the award based on the time its policies were in effect.

  • April 03, 2020

    Texas Justices Hold Delivery, Pickup Costs Not Deductible

    The Texas Supreme Court on Friday determined that a heavy equipment leasing company can't claim a state franchise tax deduction for delivery and pickup costs it incurs in getting the machinery to its customers.

  • April 02, 2020

    Trump Escapes Border Wall Funding Suit As Claims Trimmed

    President Donald Trump won an exit on Thursday from advocacy groups' legal challenge to the White House's diversion of federal funding for the southern border wall, with a D.C. federal judge also trimming claims against other elements of the administration.

  • April 02, 2020

    Landowners' Appeal Of Permit Order Moot, EPA Tells 9th Circ.

    The U.S. Environmental Protection Agency told the Ninth Circuit it dropped a requirement for Idaho landowners to get a Clean Water Act permit to build on their property, which it said moots the landowners' appeal in a dispute already heard once by the U.S. Supreme Court.

  • April 02, 2020

    RICO Claim Rebutted In $500M Puerto Rico Bribe Suit

    There are no grounds for an engineering firm's $500 million racketeering claim against a contractor accused of bribing federal officials to land the gig restoring Puerto Rico's power grid after Hurricane Maria, the contractor argued Wednesday in Florida federal court.

  • April 02, 2020

    Real Estate Rumors: Bank OZK, Transwestern, Starwood

    Bank OZK has reportedly loaned $265 million for a Bronx distribution center project, Transwestern is said to have bought a Florida site that's received zoning for a mixed-use project, and a Starwood Capital venture has reportedly landed $51 million in financing for a Bronx mixed-use project.

  • April 02, 2020

    DHS Halts Extra Guestworker Visas As Unemployment Jumps

    Businesses will no longer be able to bring on new migrant workers under the H-2B visa program, the U.S. Department of Homeland Security said Thursday as the spread of the new coronavirus spurred 10 million initial unemployment claims.

  • April 02, 2020

    NJ Developer Beats Challenge Over Town Engineer's Conflict

    A municipal engineer on a local New Jersey planning board didn’t have inappropriate communications with a developer seeking a construction permit, a state appellate court said Thursday in upholding a trial judge’s decision.

  • April 02, 2020

    Kroger Sued For Dipping Out Of Lucky's Market Investment

    Midwestern grocery chain The Kroger Co. was hit with a suit by a shopping center developer Wednesday alleging it abandoned its investment in the now-bankrupt organic food retailer Lucky's Market, which abruptly halted construction on a new store in Florida and left the property exposed to the elements.

  • April 02, 2020

    DOJ Suggests Texas Power Grid Law Is Unconstitutional

    The U.S. Department of Justice's antitrust arm has thrown its weight behind NextEra Energy's constitutional challenge to a Texas law affecting the construction of the state's electric grid, telling the Fifth Circuit that the statute discriminates against out-of-state companies.

  • April 02, 2020

    Insurer Says Policy Doesn't Cover City's Conspiracy Claims

    A Siemens subcontractor accused of participating in a "massive fraud" against the city of Jackson, Mississippi, shouldn't get insurance coverage for the allegations, Endurance American Specialty Insurance Co. has told a Mississippi federal court.

  • April 02, 2020

    Clark Hill Adds Construction Atty From Offit Kurman In Philly

    Clark Hill PLC added a construction attorney from Offit Kurman as a member in its Philadelphia office, the firm said recently.

  • April 01, 2020

    Watchdog Finds Biz Uncertainty Plagues H-2B Visa Program

    Uncertainty surrounding the availability of H-2B guest worker visas makes it difficult for employers to expand operations or predict their business needs, a government watchdog found in a new report published Wednesday.

  • April 01, 2020

    Real Estate Rumors: Daniel Abreu, Trump Org, Synovus Bank

    Investor Daniel Abreu has reportedly sold a Florida CVS Pharmacy for $8 million, The Trump Organization is said to have paused the sale of its D.C. hotel and Synovus Bank has loaned at least an additional $11 million for a Florida residential project.

  • April 01, 2020

    House Dems Eye $760B Transpo Funds In 4th Virus Relief Bill

    House Democrats said Wednesday that the next round of COVID-19 relief legislation will be anchored by $760 billion to rebuild the nation's highways, railways, airports, water and broadband infrastructure, while also tackling climate change, asserting that their proposal will jump-start the American economy.

  • April 01, 2020

    EPA Watchdog Confirms Dramatic Enforcement Drop

    Enforcement activities at the U.S. Environmental Protection Agency are down across the board over a recent 10-year period, in some categories by more than 50%, the EPA's internal watchdog said in a report issued Wednesday.

  • April 01, 2020

    Fitzgerald Yap Steers Wash. Homebuilder's $15M IPO Plans

    Washington-area real estate developer Harbor Custom Development Inc. said it is hoping to raise roughly $15 million in an initial public offering steered by Fitzgerald Yap Kreditor LLP.

  • April 01, 2020

    Real Estate Lawyers On The Move

    Seyfarth Shaw, Jeffer Mangels, Blank Rome, Squire Patton Boggs, Fox Rothschild and Cullen & Dykman are among various law firms that have made recent real estate or construction hires.

  • March 31, 2020

    Mass. Tribe Wants Feds Barred From Taking Land Out Of Trust

    A Massachusetts tribe urged a D.C. federal court on Monday to issue a preliminary injunction to block the federal government from taking the Mashpee Wampanoag Tribe's reservation lands “out of trust” and revoking its reservation proclamation, which the U.S. Department of the Interior has said it will do soon.

  • March 31, 2020

    Nelson Mullins Gets Experienced Litigator In Boca Raton

    Nelson Mullins Broad & Cassel has snagged a commercial litigation expert as partner in its Boca Raton, Florida, office, according to a press release from the firm. 

  • March 31, 2020

    5 Questions Facing Texas Construction Industry During Virus

    Texas Gov. Greg Abbott on Tuesday deemed construction an essential business that can continue during the COVID-19 pandemic, giving some statewide consistency to an industry that has been rushing to make sense of localized restrictions. But major cities in Texas have set their own limits on how the industry can operate, leading to a flurry of questions construction attorneys are helping clients unpack.

Expert Analysis

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • 2nd Circ. Dismissal Affirms The Limits Of Civil RICO Claims

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    The Second Circuit's recent decision in Halvorssen v. Simpson makes clear that, while courts have permitted the use of civil Racketeer Influenced and Corrupt Organizations Act suits in disputes involving legitimate businesses rather than crime syndicates, there are real limits to these claims, say attorneys at Dechert.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • 'Prompt Pay' For Construction May Still Apply Amid COVID-19

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    With prompt pay laws requiring strict adherence to contractual or statutory deadlines in Pennsylvania, New York and New Jersey, property owners and contractors should exercise caution in withholding payments for construction projects that may be due during the COVID-19 pandemic, say Teri Sherman and Gaetano Piccirilli at Klehr Harrison.

  • COVID-19 And Construction Stormwater Discharge Permits

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    As some state and local jurisdictions have begun to direct that construction projects shut down due to COVID-19 concerns, questions have arisen about contractors’ ongoing obligations under their projects’ National Pollutant Discharge Elimination System construction stormwater discharge permits, says Nick Hoogstraten at Peckar & Abramson.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Fla. Construction Industry Faces Unique COVID-19 Challenges

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    In light of the new statewide edict Florida Gov. Ron DeSantis has issued in response to COVID-19, Robert Alfert and Lacey Corona of Nelson Mullins set forth practical guidance and recommendations on how the state's construction and development industry can adapt to the labyrinth of state and local executive orders.

  • What COVID-19 Means For Calif. Real Estate And Use Permits

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    In California, the coronavirus pandemic and the state's response have raised important questions for those involved in pending or approved construction projects, as well as existing businesses that require modification or emergency funding, say Stephanie Smith and Avneet Sidhu at Grid Legal.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • Private Infrastructure Investment And The COVID-19 Pandemic

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    COVID-19 has already led to the postponement of a number of private infrastructure mergers, acquisitions and financing activities, but investment in the sector will likely show resilience due to continuing demand, say Fred Day at Brookfield Infrastructure Partners and Roald Nashi at Kirkland.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • A Guide To Zealously Representing Clients During COVID-19

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    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

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