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Construction Law Update 2020 by Neal J. Sweeney Construction Law Update 2020 by Neal J. Sweeney

Construction Law Update 2020

By Neal J. Sweeney, Chad V. Theriot
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The 2020 Construction Law Update provides current coverage of legal issues that have a practical impact on the day-to-day functioning of the very dynamic processes in a dynamic industry, that is, construction.

Highlights of the 2020 update include:

  • Five chapters take readers through notable cases throughout the past year in the various regions of the country including recent developments under the Occupational Safety and Health Act, the False Claims Act (FCA), various federal regulations that potentially impact federal contractors, revised procedural rules in the Civilian Board of Contract Appeals, and recent Department of Justice Memoranda impacting claims under the FCA. This edition also addresses developments in employees’ health and safety issues as well as construction law developments.
  • Contracting with the federal government comes with its own set of pitfalls. This year’s chapter is written by a former JAG officer who has worked for and dealt with the government procurement process for over 40 years. Chances are his insight will bring new perspectives to navigating the treacherous federal government waters.
  • Space. The Final Construction Site. This supplement contains an interesting and unique chapter dealing with building the International Space Station. Not a typical construction site, but a crowded one with fourteen different nations participating in the build. Who will get to and build on the Moon and Mars first? How do you build in zero gravity?
  • Arbitration is a viable and popular alternative to the court process. The more you know and the more you prepare in advance, the better the outcome. Not only is arbitration a preference domestically, but with our global economy, arbitration is also a popular international option.
  • Labor and employment should always be at the forefront of everyone’s mind when putting together a team for a project, managing that team, or being part of the team. This chapter covers authorization to work, employment relationships, pay, ADA, sexual harassment and retaliation. These issues are not just for the owners and executives.
  • We all have an obligation to the environment, and there are a myriad of environmental issues facing the construction industry today. Owners and contractors not only have to know how to build, but also have to know where to build and what impact that build will have on air and water pollution, stormwater, wastewater, noise, habitat loss, and much more.
  • Why should an owner have a Suspension of Work clause in their contracts? This Update offers practical recommendations on what actions contractors should take to protect the recovery of damages and why these actions may help owners resolve claims in the field rather than the court.

Note: Online subscriptions are for three-month periods.

Previous Edition: Construction Law Update 2018, ISBN: 9781543810172¿

Resources Table of Contents
Pages 396
Last Updated 06/09/2020
Update Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781543817966
SKU 10046577-0005
Resources Table of Contents
Publish Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010048496
Table of Contents

Chapter 1. NEW AIA CONTRACT DOCUMENTS - Jeffrey R. Blease, Lisa F. Glahn and C. Ryan Maloney

  • 1.01 Introduction
  • 1.02 What Has Changed: Surprisingly Little.
  • 1.03 What Should Have Changed: How Document Neutrality Stagnates Progress
  • 1.04 Conclusion


  • 2.01 Introduction
  • 2.02 Arbitration Developments in Domestic Construction Law
  • 2.03 Arbitration Developments in International Construction Law


  • 3.01 Introduction
  • 3.02 Recent Developments in the Law Relating to Additional Insured Coverage
  • 3.03 Altman Contractors, Inc. – The Latest Development in the Ongoing Debate Over Statutory ADR Requirements


  • 4.01 Introduction
  • 4.02 Performance Bonds
  • 4.03 Payment Bond Claims
  • 4.04 Indemnity

Chapter 5. LABOR AND EMPLOYMENT - Patrick J. Veters, Michael A. Foley

  • 5.01 Introduction
  • 5.02 OSH Act Legal Update
  • 5.03 OSHA Case Decisions

Chapter 6. GOVERNMENT CONTRACTS - Tyler P. Scarbrough, William E. Underwood

  • 6.01 Introduction
  • 6.02 Issues Arising Under the Contract Disputes Act
  • 6.03 “Implied Certification” Theory in False Claims Act Litigation
  • 6.04 Bid Protest Issues
  • 6.05 Recent Federal Regulations

Chapter 7. SOUTHEAST REGION: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, West Virginia -Jennifer S. Lowndes, Adam Stone, William J. Shaughnessy, Kaytie M. Pickett

  • 7.01 Introduction
  • 7.02 Insurance
  • 7.03 Liens
  • 7.04 Statutes of Limitation and Repose
  • 7.05 Kentucky Fairness in Construction Act
  • 7.06 Illegal Contracts
  • 7.07 Performance Bonds
  • 7.08 Merger Clauses
  • 7.09 Personal Jurisdiction – Minimum Contacts
  • 7.10 Arbitration

Chapter 8. NORTHEAST REGION: Connecticut, Delaware, Maine, Maryland, Massachusetts,
New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont,
Virgin Islands
 - Stanley A. Martin

  • 8.01 Introduction
  • 8.02 Public Construction and Statutory Issues
  • 8.03 Contract Interpretation and Enforcement
  • 8.04 Subcontractor Liens are Included in Prime Contractor’s Lien
  • 8.05 Insurance
  • 8.06 Arbitration
  • 8.07 No-Damage-For-Delay Clause did not Bar Acceleration and Inefficiency Claim
  • 8.08 Six-Month Statute of Limitations in Subcontract was Enforceable

Chapter 9. NORTHWEST REGION: Alaska, Idaho, Montana, Nebraska, North Dakota, Oregon,
South Dakota, Washington, Wyoming
 – Diane C. Utz, Esq.

  • 9.01 Alaska
  • 9.02 Idaho
  • 9.03 Montana
  • 9.04 Nebraska
  • 9.05 North Dakota
  • 9.06 Oregon
  • 9.07 South Dakota
  • 9.08 Washington
  • 9.09 Wyoming

Chapter 10. MIDWEST REGION: Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, Wisconsin - David P. Muth, Kevin M. Long, Charles E. Harper, Eric van Schyndle, Edward Salanga, Michael McCanse, Natalie Thomas, Kenneth Haney, Coree E. Neumeyer, Hunter DeKoninck

  • 10.01 Illinois
  • 10.02 Indiana
  • 10.03 Iowa
  • 10.04 Michigan
  • 10.05 Minnesota
  • 10.06 Missouri
  • 10.07 Ohio
  • 10.08 Wisconsin

Chapter 11. SOUTHWEST REGION: Arizina, Arkansas, Colorado, Kansas, Louisiana, Nevada,
New Mexico, Oklahoma, Texas - Stephen T. Miller, C. Veronica Rivas, Tiffany C. Raush

  • 11.01 Introduction
  • 11.02 Lien Law
  • 11.03 Substantial Completion and Statutes of Repose
  • 11.04 Prompt Payment Statutes
  • 11.05 Interpreting Construction Contracts
  • 11.06 Arbitrating Construction Contracts

Chapter 12. WEST REGION: Arizona, California, Hawaii, Nevada, Utah - Henry C. Bangert, Bret R. Gunnell, Mary Kay Monville, Diane C. Utz, Joseph A. Whitehead

  • 12.01 Introduction
  • 12.02 Indemnity
  • 12.03 Warranties
  • 12.04 Insurance Law
  • 12.05 Statutes of Limitations and Repose
  • 12.06 Arbitration
  • 12.07 Lien Law
  • 12.08 Standing
  • 12.09 Economic Loss Rule
  • 12.10 Admissibility of Expert Testimony

Table of Cases