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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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Overview

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

SOUTHEAST REGION

Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, West Virginia

Bill Shaughnessy, Todd Heffner and Brad Sands

  • Introduction
  • Statutes of Repose
  • Liens
  • Arbitration
  • Legislation Update
  • Insurance
  • Economic Loss Doctrine
  • Contract Formation
  • Damages

Chapter 2

NORTHEAST REGION

Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virgin Islands

Stanley A. Martin

  • Introduction
  • Public Construction And Statutory Issues
  • Ordinances Mandating Apprenticeship Programs Did Not Violate Federal Law
  • Potential Sham Bidding Did Not Support Allegations of Antitrust Violation
  • What Determines “Substantially Prevailing Party” Under Vermont Prompt Pay Act?
  • Homeowner Could Not Recover Money Paid to Unlicensed Contractor
  • Contractor Deemed on Notice of OSHA Safety Standards
  • Turning Lien Claim into Criminal Claim?
  • Building Inspector’s Discriminatory Acts Could Be Actionable
  • Contract Interpretation and Enforcement
  • Do You Have A Forum Selection Clause, or Something Else?
  • Project Owner Is Not Intended Beneficiary of Subcontract
  • Duty to Defend Enforceable Even If Duty to Indemnify Is Unresolved
  • Pay If Paid Subcontract Clause Enforced
  • Determining Ambiguities in a Contract
  • Mechanic’s Liens
  • No Funds Due to Prime Meant No Lien for Subcontractor
  • Complaint to Enforce Mechanic’s Lien Bond Did Not Need to Be Recorded
  • Insurance
  • Short Limitations Period Enforceable for Insurance Policy Claims
  • “Collapse” Means Collapse
  • Critical Absence of Express Indemnity or Additional Insured Rights
  • Additional Insured Rights in Absence of Allegations of Negligence
  • Unintended Damage During Renovation Excluded from Coverage
  • Failure to Promptly Disclose Coverage Did Not Include Liability for Untimely Disclaimer
  • Breach of Contract Claim Was Not Within Coverage of Errors and Omissions Policy
  • Arbitration
  • Statute of Limitations Did Not Apply to Arbitration Claim
  • “May” Meant that Arbitration Was Optional
  • Arbitration Award Was Res Judicata for Non-Participants
  • Equitable Estoppel by Conduct and Silence Precluded Liquidated Damages
  • Statutes of Limitation and Repose
  • What Triggers the Statute of Repose on Multi-Phase Project?
  • Statute of Repose Bars Third-Party Claims
  • Developer Was Not Shielded by Statute Of Repose

Chapter 3

SOUTHWEST REGION

Arkansas, Kansas, Louisiana, New Mexico, Oklahoma, Texas

Stephen T. Miller, Tiffany C. Raush, Krystal P. Scott, Amy K. Anderson, Ewaen Woghiren, Christopher Cazenave and Allison Kingsmill

  • Introduction
  • Legislative Updates
  • Professional Liability
  • Prompt Payment Statutes
  • Lien Law
  • Procedural Matters

Chapter 4

WEST/NORTHWEST REGION

Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington,Wyoming

Heather Heindel

  • Alaska
  • Arizona
  • 4California
  • Colorado
  • Hawaii
  • Idaho
  • Montana
  • Nebraska
  • Nevada
  • North Dakota
  • Oregon
  • South Dakota
  • Utah
  • Washington
  • Wyoming

Chapter 5

MIDWEST REGION

Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, Wisconsin

Stephen P. Withee, Daniel F. Edwards, Ericson P. Kimbel, Tara D. Workman and Joshua N. Kutch

  • Iowa
  • Minnesota
  • Illinois
  • Indiana
  • Ohio

Chapter 6

FEDERAL PROCUREMENT AND CONSTRUCTION

Stan Millan

  • Introduction
  • Acquisition Issues
  • Contract Administration
  • Contract Close Out
  • Conclusion

Chapter 7

CONSTRUCTION IN AND FOR SPACE

Ellis Brazeal

  • Introduction
  • The Development of the International Space Station
  • The Legal Framework for the International Space Station
  • International Space Law
  • U.S. Space Law
  • On-Orbit Servicing, Assembly and Manufacturing (“OSAM”)
  • Space Debris
  • Litigation in Space

Chapter 8

ARBITRATION

William Underwood, James Artzer and Chris Henry

  • New York Courts Continue to Permit an Arbitrators’ Award of Attorneys’ Fees.
  • Does Rico Apply to Arbitration? The “Jury” Is Still Out
  • Separating State and Private Entities
  • Backdoor Efforts to Vacate an Arbitration Award
  • The Possible Arrival of Mass Arbitration
  • DOJ to Arbitrate?
  • Although Generally Supportive, English Courts Have Limits When It Comes to International Arbitration Enforcement
  • A Party That Did Not Sign the Arbitration Agreement Won’t Be Forced to Arbitrate
  • Winning in Arbitration Might Just Be the Beginning of the Fight
  • The Potentially High Costs and Rigorous Standards Associated with Challenging the Enforcement of an Arbitration Award
  • Arbitrator’s Failure to Disclose Conflict Invalidates Final Award
  • Ninth Circuit Affirms Decision to Vacate Arbitrator’s Award Because Arbitrator Overstepped His Authority
  • Federal Policy Takes Precedence Over State Law When It Comes to International Arbitration Enforcement
  • District Court Highlights Strength of The Convention on Recognition and Enforcement of Foreign Arbitral Awards Despite School District Accusing Insurance Provider of Failing to Perform Duties After a Natural Disaster
  • Failure to Adequately Participate in Arbitration Confirmation Proceedings Results in the Enforcement of a $61 Million Arbitration Award
  • Conclusion

Chapter 9

EMPLOYMENT LAW

Mary Margaret Spell

  • Authorization to Work
  • Employment Relationships
  • Paying Construction Industry Employees
  • Discrimination, Harassment, and Retaliation

Chapter 10

ENVIRONMENTAL LAW IN THE CONSTRUCTION INDUSTRY

Stan Millan, Alex Prochaska and Meghan Smith

  • Introduction
  • Pollution
  • Natural Resources
  • Remediation
  • Brownfields
  • Green Buildings

Chapter 11

“SUSPEND OF WORK”: THREE SMALL WORDS WITH BIG IMPLICATIONS

James G. Zack, Jr.

  • Introduction
  • Standard Suspension of Work Clauses
  • Types of Suspensions of Work
  • Some Typical Causes of Suspensions
  • Suspension of Work Clause—Why Do Owners Need One?
  • Operation of Suspension Clauses
  • Recoverable Damages
  • Limitations on Recoverable Damages
  • Court Decisions Impacting Recovery of Damages Due to Suspensions of Work
  • Current Tests for Recovery of Suspension of Work Damages
  • How Can Contractors Protect Their Right to Collect Damages?
  • Conclusion

Table of Cases

Index

Volumes