Vandeventer Black LLP: "Best Value" Procurement? - Not for Virginia Public Sealed Bidding

By Neil Lowenstein With increasing regularity, various procuring agencies had been swimming in the "best value" pool for their procurements. Following the well established federal procurement practice, their solicitations included language along the lines that the procuring agency reserved...

Duane Morris LLP: New E-Verify Requirement for Pa. Public Works Contractors, Beginning January 1, 2013

On July 5, 2012, Pennsylvania Gov. Thomas Corbett signed into law S.B. 637 , requiring state public works contractors and subcontractors involved in projects of more than $25,000 to use E-Verify starting on January 1, 2013, or they will lose their right to contract with the Commonwealth of Pennsylvania...

Sheppard Mullin Richter & Hampton LLP: New Mechanics Lien Act in California

By Edward Lozowicki and Scott Vignos In 2010, the California Legislature enacted Senate Bill ("SB") 189 to reorganize and simplify the laws governing works of improvement. The bill completely re-writes the statutes which provide for mechanics liens, stop notices and certain construction...

Steptoe & Johnson PLLC: WV Fire Commission Rules Could Impact Mining & Construction Industries

By Paul A. Konstanty On July 25, 2012 the West Virginia State Fire Commission issued a Notice of Public Hearing on a Proposed Rule to amend the State Building Code which was originally adopted in July 2010. One public comment period ended on May 4, 2012, and the final written comment period will end...

Vandeventer Black LLP: The Duty to Mitigate Damages “But I Didn’t Do Anything Wrong!”

[ Originally published 01/01/2011 ] By Wyatt Booth Hope springs eternal at the beginning of any project, and the last thing any developer, general contractor, or subcontractor is anticipating is a problem that delays the project or cancels the job. But sometimes financial difficulties, personality...

McNees Wallace & Nurick LLC: Contribution to Construction Costs Supports Charitable Exemption

By James L. Fritz In June, the Commonwealth Court addressed another issue of interest to nonprofit entities seeking charitable exemptions from Pennsylvania Sales & Use Taxes and local real estate taxes - whether a substantial contribution to construction costs may help satisfy the requirement...

State Net Capitol Journal: Construction Industry Showing Signs of Rebound

Twenty states added construction jobs between November 2011 and November 2012, according to analysis of federal government data by the Associated General Contractors of America. Hawaii picked up the most construction jobs on a percentage basis, 8.4 percent (2,300 jobs), followed by Nebraska, 7.3 percent...

Texas Court Considers Application of Action Over Exclusion In Construction Injury Claim

n its recent decision in Preferred Contrs. Ins. Co. Risk Retention Group v. Oyoque Masonry, Inc., 2013 U.S. Dist. LEXIS 105386 (S.D. Tex. July 26, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Southern District of Texas had occasion to consider...

Construction Site with Crane

Vandeventer Black LLP: Claims Relating to Violations of Moving and Hauling Permits

Authored by attorney John Lockard Violations of moving and hauling permits can be expensive for construction companies. The local police usually consider the permit to be invalid if any of the requirements of the permit are violated. In those cases, the police impose penalties based on the general weight...

Reminder: Construction Litigation is Expensive, Be Sure It’s Worth It

I know, this title is yet another seemingly obvious statement in a series of them here at Construction Law Musings . I seem to be going from cliche to cliche these days and musing on things from necessary evils to naming the correct parties in a lawsuit . However a recent post from my fellow “blawger”...

Overhaul of North Carolina Board of Adjustment Law to Take Effect October 1, 2013

BY: RONALD R. ROGERS & LEMUEL (“UEL”) DUNCAN WHITSETT, V Many North Carolina counties and cities rely on their Boards of Adjustment to review petitioners’ applications for variances, , and appeals of land use ordinance interpretations. Recently enacted legislation makes...

Construction hard hat and cones

window installation

Williams Mullen: Construction Local and State Tax Issues

BY: STEPHANIE LIPINSKI GALLAND Every business has an accountant or finance resource. This resource spends 150% of his or her time handling the cash flow, paying the bills, and filling out the requisite federal income tax returns. What is usually missing is time to focus on state and local taxes...

Recent Construction Law Opinion Roundup

We’re back to the more mundane, yet no less relevant, discussion of recent construction opinions here in Virginia. In the last quarter of 2013, the Virginia Circuit Courts in Norfolk and Richmond came out with opinions of interest to construction contractors and subcontractors. In Specialty...

Be Careful When Walking Off of a Construction Project

I am truly grateful that my buddy Craig Martin ( @craigmartin_jd ) continues his great posts over at The Construction Contractor Advisor blog. He is always a good cure for writer’s block and once again this week he gave me some inspiration. In his most recent post, Craig discusses a recent Indiana...

construction office interior

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Communication is Key to a Smooth Construction Project

I know, the title of this post sounds trite. Who doesn’t communicate? Don’t the subs and general on the project always communicate? Wouldn’t a remodeler be sure to stay up on job progress with a homeowner? In other words, why bother with this post? Everyone knows that without communication...

Trust Your Gut When Deciding Whether to Sign a Construction Contract

My last Construction Law Musings were about the need to communicate before, during and after a construction project. Here I continue my thoughts on some business practices that make my life as a construction attorney and adviser (not to mention your lives as construction professionals) easier and less...

Clarity of Contract is Another Key to a Smooth Project

Whew! After a whirlwind two weeks of travel (some by a long bus ride with a great group of kids, including my daughter), I’m back and far enough above water to get back to posting. Thanks for your patience during a bit of a lull. Recently I have been on an “advisory” kick here at...

What Happens When the State Takes Your Driveway?

The Wisconsin Supreme Court recently announced that it granted review of nine cases, out of about 100 petitions it considered. One of the nine cases affects businesses and concerns a business that had driveway access to a public highway, [ enhanced version available to lexis.com subscribers ]. The...