Topics

Arbitration

American Arbitration Association Revises Construction Industry Rules and Mediation ProceduresThe AAA Revises its Commercial Arbitration Rules and Mediation ProceduresRecent Court Decision Warns of Dangers of Using Outdated Construction Contracts

Construction contracts and claims

Updates to AIA Contract ApplicationsFor Whom Additional Insured Coverage Applies in New YorkNew Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable

Construction Industry

The Importance of Indemnification Clauses in Managing Post-Completion Project RiskRequirements For Professional Engineers Practicing in ConnecticutFirst Circuit Broadly Interprets Exclusion in Commercial General Liability Policy Under Current Massachusetts Law

Coronavirus

Review Pre-Employment Screening Processes Amid the Great ResignationMandatory Vaccination and Safety Protocols for Federal ContractorsMitigating the Risks of Materials Price Escalation: Better Now Than Never!

Cybersecurity

Artificial Intelligence’s Transformative Impact on the Construction IndustryCyber Insurance for the Construction IndustryAre You Ready? The California Privacy Rights Act Could now Apply to Your Business

Defect litigation

What is Builders’ Risk and Why Do We Need It?Arbitrators Have Inherent Authority To Award Punitive DamagesJudges Imposing Personal Liability on Scofflaws

Delays and inefficiencies

Mitigating the Risks of Materials Price Escalation: Better Now Than Never!A New Roadmap to a Familiar Journey: The ASCE Standard on Loss of ProductivityPotential Impacts of the Coronavirus Pandemic on Construction Projects

Development

Updates to AIA Contract ApplicationsUSDOT Expands Financing for Certain Transit ProjectsPublic Works Construction Projects Set to Increase if Infrastructure Investment and Jobs Act of 2021 Becomes Law

Dispute Resolution

New Mexico Holds One-Sided Dispute Resolution Provisions Are UnenforceableLawsuit Gives Teeth to Massachusetts Pay LawAmerican Arbitration Association Revises Construction Industry Rules and Mediation Procedures

Diversity and Inclusion

USDOT’S DBE Program Blocked in Kentucky and IndianaEEOC Builds on Best Practice Guidance Regarding Harassment Within the Construction IndustryFederal DOT’s Disadvantaged Business Enterprise Program Challenged as Unconstitutional

Drones

Guidance on Using Drones for Real Estate and Construction in Dense Cities: How Much Does the Public Value Privacy? (Part II)Singapore Company Introduces Drones to Urban Building InspectionNYC Amends Its Façade Inspection and Safety Program to Push Building Owners into Action

Extra work claims

A New Roadmap to a Familiar Journey: The ASCE Standard on Loss of ProductivityWill Strict “No Damages for Delay” Clauses Be Outlawed on New York Public Construction Projects? Stay tuned.Contract Barred Recovery of Lost Productivity Damages Suffered by Contractor

Immigration

Explore Legal Immigration Options for Construction CompaniesConsider the H-1B Visa to Build Your Construction Industry Workforce

Insurance Coverage

Suit Limitation Provisions in New YorkMassachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability PoliciesFor Whom Additional Insured Coverage Applies in New York

Labor

Artificial Intelligence’s Transformative Impact on the Construction IndustryEarly Holiday Gift for CT Employers – Guidance Recently Issued on Paid Sick Leave LawOSHA Finalizes PPE Fitting Requirement for Construction Workers

Legislation

The Importance of Indemnification Clauses in Managing Post-Completion Project RiskThe Long-Standing Waiver for Manufactured Products from FHWA’s Buy America Requirements is Phasing OutUnder New York Law a Recourse Provision Bars Most Claims Except for Fraud

Lien law

The AIA Releases Sworn Construction Statements, Lien Waiver and Release Forms for the First Time.The Enforceability of Mechanic’s Liens in Bankruptcy is Dependent on State LawRecipe for a Project Bankruptcy: The Owner in Bankruptcy Through The Lens of the Construction Manager

Massachusetts

First Circuit Broadly Interprets Exclusion in Commercial General Liability Policy Under Current Massachusetts LawLawsuit Gives Teeth to Massachusetts Pay LawRobinson+Cole’s Amicus Brief Adopted and Cited by Massachusetts’s High Court

New + Now

Artificial Intelligence’s Transformative Impact on the Construction IndustryLawsuit Gives Teeth to Massachusetts Pay LawCyber Insurance for the Construction Industry

New York

Under New York Law a Recourse Provision Bars Most Claims Except for FraudSuit Limitation Provisions in New YorkFor Whom Additional Insured Coverage Applies in New York

OSHA

OSHA Finalizes PPE Fitting Requirement for Construction Workers

Public Private Partnership

President Trump’s Inauguration Signals a Potential Increase in Infrastructure ProjectsProposed Public/Private Partnership Infrastructure Legislation

Public Rules and Regulations

The Long-Standing Waiver for Manufactured Products from FHWA’s Buy America Requirements is Phasing OutMore Executive Orders Addressing the Size and Authority of the Federal GovernmentTic Toc Tic Toc: The Clock Is Running on Construction and Design Claims by the State of Connecticut Beginning October 1, 2017

Retail construction

Recipe for a Project Bankruptcy: Part 2
The Contractor in Bankruptcy Through the Lens of the OwnerRecipe for a Project Bankruptcy: Part 2 The Contractor in Bankruptcy Through the Lens of the OwnerTwenty-Five Years in the Construction Industry—We’ve Come a Long Way Baby, or Have We?

Surety law

Obtaining the Benefits of a Performance Bond: Tread CarefullyCalifornia and Maryland Have Enacted Legislation Essentially Making The General Contractor the Guarantor for All Wages on the Project – Should Sureties Be Concerned?Recipe for a Project Bankruptcy: Part 2
The Contractor in Bankruptcy Through the Lens of the Owner

Uncategorized

Connecticut Adopts New CodesThe Federal Reserve’s Powers to Pave the Way for Continued Development and Construction Through COVID-19Who Will Bear the Risk and Cost for Coronavirus Construction Delays? A Contractual Analysis.