Client Alerts & Publications
Fixing The Problem – Not The Blame (INET v DFW Airport Board)
Published Date: November 5, 2016
INET v DFW Airport Board, 2016 WL 1445205 (5th Cir., April 12, 2016) Who is responsible for defective design under Texas law? The contractor, under Lonergan? The owner, under Spearin? A recent Fifth Circuit decision suggests that in some cases this might be the wrong question when design responsibility is disputed. The appellate court recently remanded a case back to [...] Read More
Preliminary Injunction Issues Against Fair Pay and Safe Workplaces Rule
Published Date: October 28, 2016
On July 31, 2014, President Barack Obama issued Executive Order 13673. As subsequently amended, the Executive Order purports to “increase efficiency and cost savings in the work performed by parties who contract with the Federal Government by ensuring that they understand and comply with labor laws.” On August 25, 2016 the Federal Acquisition Regulation (“FAR”) Council published the final FAR [...] Read More
Federal Court of Appeals Signals End to Project Labor Agreement Requirements
Published Date: October 1, 2016
Recently, a federal court in New Jersey issued a decision which very well may invalidate all Project Labor Agreements ("PLA's") entered into as a condition to receipt of tax incentives for private development. Tax incentives utilized to promote private development are different, according to the court, than typical public works projects where PLA requirements have generally been held valid. Owners, [...] Read More
Breaking News Regarding Chapter 558 Defense Costs
Published Date: August 2, 2016
The Federal Appellate Court that heard the issue of whether insurance carriers issuing policies of insurance in Florida are required to provide their insureds a defense from allegations of construction defects asserted through the pre-suit Chapter 558 process before the commencement of a formal lawsuit or arbitration proceeding saw the issue as unresolved by Florida law and took the extraordinary [...] Read More
NJ Supreme Court Rules On Subcontractor Damages Under Liability Policy
Published Date: August 2, 2016
In a recent significant decision, the Supreme Court of New Jersey held that defective work of a subcontractor that causes consequential property damage is both an “occurrence” and “property damage” under the terms of a standard form commercial general liability (“CGL”) insurance policy. Cypress Point Condominium Assoc., Inc., v Adria Towers, L.L.C., 2016 N.J. Lexis 847 (Aug. 4, 2016). This [...] Read More
