Construction

  • October 02, 2024

    Bid-Rig Charges Irrelevant To $26M Base Award, GAO Says

    The U.S. Government Accountability Office has shot down a contractor's protest over a rival company being awarded a $26 million Army hospital maintenance contract, finding that the awardee's conviction for bid-rigging in Korea had no bearing on its track record of successful operations.

  • October 01, 2024

    From AI To Enviro: The Top Biz Bills Calif. Gov. Inked Into Law

    California Gov. Gavin Newsom signed hundreds of bills into law ahead of an Oct. 1 deadline, meaning major changes are on the horizon for employers, tech companies, healthcare providers and others doing business in the Golden State.

  • October 01, 2024

    Oxygenation Doesn't Show Water Quality, Texas Justices Hear

    Texas Supreme Court justices prodded the Save Our Springs Alliance's argument that a permit to release treated wastewater would degrade water quality, questioning whether the advocacy organization's argument that a drop in levels of dissolved oxygen shows water degradation during oral arguments Tuesday.

  • October 01, 2024

    Bribe-Laundering Gets Ecuador Ex-Official 10 Years In Prison

    A Florida federal judge on Tuesday sentenced Ecuador's former comptroller to 10 years in prison after a jury earlier this year convicted him on multiple counts related to laundering millions of dollars in bribe money he received in exchange for eliminating fines connected to a defective hydroelectric dam and other projects.

  • October 01, 2024

    Calif. Judge Won't Let Insurers Slip Mold Coverage Suit

    A California federal judge mostly refused to allow a group of insurers to escape a suit filed by the owner and operator of a 231-unit California apartment complex seeking coverage for mold under a $69 million builders risk policy.

  • October 01, 2024

    Feds Didn't Consider Gold Mine's Full Impact, Judge Says

    The federal government didn't realistically study the potential spill risks associated with a large open-pit gold mine when it approved the project, an Alaskan federal judge has said, arguing the Army Corps of Engineers erred in concluding that a catastrophic event is a "worst case" scenario in its environmental analysis.

  • October 01, 2024

    Monsanto Can't Avoid Vt. Schools' Nuisance Claims Over PCBs

    A Vermont federal judge has refused to dismiss nuisance and trespass claims by public school districts asserting their buildings were contaminated with a toxic chemical made by Monsanto Co., finding they plausibly alleged Monsanto knew the products would make their way onto the properties yet chose not to warn the districts.

  • October 01, 2024

    Treasury Plans Final Direct Pay Partnership Regs By Year-End

    The U.S. Treasury Department is eyeing the end of the year to finalize regulations for development projects to elect out of their partnership tax status to qualify for a direct cash payment of their clean energy tax credits, an official said Tuesday.

  • October 01, 2024

    Feds Float Duties On Chinese Foam-Making Chemical

    The U.S. Department of Commerce proposed countervailing duties against the Chinese makers of a chemical used to make polyurethane foam, after determining that the producers likely received government assistance that conferred an unfair advantage in the U.S.

  • September 30, 2024

    Chubb Units Avoid Nearly All Claims In Water Damage Suit

    A Connecticut federal court on Monday tossed nearly all coverage claims a commercial real estate company and its owner lodged against Chubb companies over plumbing issues at their headquarters, finding two of the defendant Chubb companies weren't parties to the policy at issue.

  • September 30, 2024

    Big Banks Get Brazilian Pollution Suit Booted From NY

    A New York federal judge on Monday dismissed an effort by a Brazilian city and residents to hold several big banks liable for allegedly financing environmentally ruinous mining operations in their region, ruling the matter would be more appropriately heard in Brazil.

  • September 30, 2024

    Webuild Escapes Suit Over $140M Award In Delaware

    Italian construction giant Webuild has skirted a Chilean construction company's bid to enforce a $140 million arbitral award arising from a soured hospital construction project in the Chilean capital of Santiago, after a Delaware federal judge nixed the case on jurisdictional grounds.

  • September 30, 2024

    NC Builder's Insurer Must Cover Death Suit, Estate Says

    The estate of a woman who died while working on a roof replacement project said it's entitled to coverage under a construction company's policy, telling a North Carolina state appeals court Monday a lower court wrongly held that the woman was an employee barred from coverage.

  • September 30, 2024

    $143M Seattle Tunnel Insurance Suit Settles Midtrial

    A Seattle construction contractor that claimed it was wrongly denied more than $143 million in coverage for damage to a massive tunneling machine has settled its case against insurers, the parties told a Washington state judge Monday on the second day of a jury trial.

  • September 30, 2024

    DOL Says Fabricator Can't Get H-2B Workers For One Project

    A fabrication company found no support from a U.S. Department of Labor judge for its request to hire 150 foreign welders and fitters, with the judge taking issue with the company's explanation that the workers were needed for one project.

  • September 27, 2024

    1st Circ. Drops Bribery, Reinstates Extortion In Casino Case

    The First Circuit on Friday reversed both convictions and acquittals in a high-profile bribery and extortion case involving a Rhode Island architect and a Massachusetts tribal official who had been found guilty of a quid pro quo exchange of pricey gifts related to a valuable design contract on the tribe's $1 billion casino development.

  • September 27, 2024

    Real Estate Recap: Loving Or Leaving The Law Office

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including takeaways from a new survey of BigLaw firms that have either renovated their office or relocated entirely.

  • September 27, 2024

    New Orleans Inspector Indicted For Bribing Top City Official

    A New Orleans resident and his home inspection company were indicted in Louisiana federal court Friday on charges that he operated a yearslong scheme of taking bribes to let unlicensed electricians work on hundreds of homes and bribing top city officials to look the other way.

  • September 27, 2024

    Conn. Justice Can't Stomach Insurer's 'Omelet' Of Notices

    The Connecticut Supreme Court on Friday seemed skeptical of workers' compensation carrier Ace American Insurance Co.'s assertion that one of two allegedly contradictory letters to a roofing contractor functioned as a legally sufficient policy cancellation notice one month before a worker's injury.

  • September 27, 2024

    Hurricane Helene Losses Could Exceed $5B: Market Analyst

    The losses from Hurricane Helene, a Category 4 storm that slammed into Florida's panhandle Thursday evening, could exceed $5 billion and challenge insurers dealing with high reinsurance costs, according to an early estimate from the insurer credit rating company AM Best.

  • September 27, 2024

    GAO Says DOE Could Save Billions On Hanford Waste Plan

    A government watchdog said in a report Friday that the U.S. Department of Energy should heed experts who say the agency could save billions of dollars by distinguishing between high- and lower-level waste at the Hanford Nuclear Site in Washington, one of the biggest cleanups in the world.

  • September 27, 2024

    Homebuilder Says NC Developer Reneged On $62M Land Deal

    Homebuilder Meritage Homes of the Carolinas Inc. accused a North Carolina developer on Friday of defaulting on a more than $61 million land development deal by failing to subdivide nearly 200 acres of land into a residential community with 785 lots.

  • September 27, 2024

    NY's Midtown Bus Terminal Clears Enviro Review Hurdle

    The Port Authority of New York and New Jersey and the Federal Transit Administration said on Friday that the agencies have signed the final environmental impact statement for the replacement of Manhattan's Port Authority Bus Terminal, bringing the $10 billion proposed project closer to becoming reality.

  • September 27, 2024

    Colo. Law Voids Cos.' Coverage Agreement, Judge Rules

    An oil and gas production company isn't owed coverage by an electrical drilling company for an underlying lawsuit brought by an injured worker, a Colorado federal judge ruled, finding that defense, indemnification and insurance provisions within the companies' agreement are void under state law.

  • September 27, 2024

    Taxation With Representation: Kirkland, Skadden, Cleary

    In this week's Taxation With Representation, Blackstone and Vista Equity Partners acquire Smartsheet Inc., Macquarie Asset Management takes a stake in D.E. Shaw Renewables Investment Group, and Apogee Enterprises Inc. buys UW Interco LLC from Heartwood Partners.

Expert Analysis

  • Roundup

    After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

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    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Contract Disputes Recap: Addressing Dispositive Motions

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    Stephanie Magnell and Bret Marfut at Seyfarth examine three recent decisions from the U.S. Court of Claims and the U.S. Civilian Board of Contract Appeals that provide interesting takeaways about the nuances of motion practice utilized by the government to dispose of cases brought under the Contract Disputes Act prior to substantive litigation

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Tracking Implementation Of IRA Programs As Election Nears

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    As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.

  • Zoning Reform May Alleviate The Affordable Housing Crisis

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    As America's affordable housing issues continue to worsen, zoning reform efforts can help to provide more affordable homes and mitigate racial and economic segregation, though opposition from residents and in courts could present challenges, say Evan Pritchard and Madeline Williams at Cozen O'Connor.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • Takeaways From Justices' Redemption Insurance Decision

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    The U.S. Supreme Court’s recent decision in Connelly v. U.S. examines how to determine the fair market value of shares in a closely held company for estate tax purposes, and clarifies how life insurance held by the company to enable redemption of a decedent’s shares affects that calculation, says Evelyn Haralampu at Burns & Levinson.

  • Lower Courts May Finally Be Getting The Memo After Ciminelli

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    A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Addressing Labor Shortages In The Construction Industry

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    As the construction industry's ongoing struggle with finding sufficient skilled workers continues, companies should consider a range of solutions including a commitment to in-house training and creative contracting protocols, say Brenda Radmacher and Allison Etkin at Akerman.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Atmospheric Rivers: Force Majeure Or Just A Rainy Day?

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    As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

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