Construction

  • May 09, 2024

    3 Engineering Firms Sued Over Pittsburgh Bridge Collapse

    Three engineering firms share responsibility with the city of Pittsburgh for the collapse of the Fern Hollow Bridge in 2022, a new lawsuit alleges, claiming the engineers failed to flag how dangerous and deteriorated the bridge was for years before it fell.

  • May 09, 2024

    Solar Co. Wins Remand Of Feds' 'Contrary To Law' Duties

    The U.S. Court of International Trade has published opposing outcomes for two Chinese solar cell producers penalized in a recent duty review, affirming duties topping 238% for one and directing the government to reconsider a 12.24% rate for the other.

  • May 09, 2024

    4th Circ. Chides Insurer For Bid To Escape $5.8M Payout

    A Fourth Circuit judge scolded an insurance company in its attempt to get out of a $5.8 million verdict through an exclusion in a general contractor's policy that it tried to trigger for mold cleanup, leaving little doubt Thursday that the panel will uphold the award.

  • May 09, 2024

    GE Dropped From Louisiana Factory Contamination Suit

    A Louisiana federal judge has dropped General Electric from property owners' suit alleging widespread contamination caused by a now-closed manufacturing facility, finding an earlier merger by a subsidiary did not make the company a liable successor.

  • May 08, 2024

    Wash. Families Fight Monsanto's Bid To Split Up PCB Trial

    Three families suing Monsanto over alleged PCB contamination at a Washington school pushed back against the company's motion to sever their future toxic tort trial in Washington state court, calling it the defense counsel's latest stunt to protest more than $1 billion in losses thus far in the series of cases.

  • May 08, 2024

    Black & Decker's Stud Finder Patent Win Gets Fed. Circ. OK

    The Federal Circuit on Wednesday upheld a decision clearing Stanley Black & Decker Inc. in a stud finder patent suit by rival Zircon Corp., backing the U.S. International Trade Commission's finding that Zircon didn't show it has a domestic industry of products protected by the patents.

  • May 08, 2024

    6th Circ. Questions FERC's Moves On Ohio Utility Grid Perk

    A Sixth Circuit panel on Wednesday questioned the role of a rate perk given to transmission companies for choosing to join a regional transmission organization as it weighed the Federal Energy Regulatory Commission's decision to yank the incentive for several Ohio utilities while preserving it for others.

  • May 08, 2024

    Vietnam's Labor Issues Mar Bid For Market Economy Status

    Representatives from U.S. industry, organized labor, and human rights advocacy urged the U.S. Department of Commerce to reject Vietnam's bid for market economy status Wednesday, denouncing its track record on labor rights.

  • May 08, 2024

    NAFTA Tribunal Orders US To Redo Duties On Canadian Wood

    A panel assembled under the North American Free Trade Agreement ordered the U.S. to redo countervailing duties on Canadian softwood lumber, rejecting the U.S.' conclusion that Canadian lumber companies hadn't fairly paid Ottawa to harvest lumber on government property.

  • May 08, 2024

    Water-Damaged Conn. Hotel Sues Insurer For More Coverage

    A Connecticut hotel took Sompo America Insurance Co. to state court after the insurer only partially covered substantial water damage that forced the newly opened lodge's closure and purportedly offered "nonsensical" justifications for denying full coverage.

  • May 08, 2024

    GOP Bill Aims To Fund Southwestern States' Border Barriers

    States along the southwestern U.S.-Mexican border looking to build physical barriers or update existing ones could receive federal grants to do so under new legislation from a pair of Republican members of the House of Representatives.

  • May 08, 2024

    SEC Fines Real Estate Developer Over Unregistered Offering

    A real estate development company and its owner will pay $250,000 to settle the U.S. Securities and Exchange Commission's claims they sold investors $1.4 million in promissory notes in an unregistered offering.

  • May 08, 2024

    Taliban's Unexpected Takeover Dooms Contractor's $1.5M Suit

    An administrative appeals board refused to order the U.S. Army Corps of Engineers to reimburse a contractor for $1.5 million of equipment lost while evacuating Afghanistan, saying it couldn't have anticipated in 2019 a Taliban takeover just over two years later.

  • May 08, 2024

    No Reimbursement For $5.5M Crash Settlement, Insurer Says

    A highway construction company is not entitled to reimbursement for a $5.5 million settlement in an underlying suit over multiple motorcycle accidents that killed one and injured two others, a subcontractor's insurer has told a North Carolina federal court, saying the company does not qualify as an additional insured.

  • May 08, 2024

    Conn. Builder Drops $4.7M Stamford Pavilion Delay Suit

    A Connecticut general contractor has dropped its lawsuit accusing the city of Stamford and an architecture practice of causing delays in a $4.7 million project and driving up the building company's costs as it tried to build a pavilion in a city park.

  • May 08, 2024

    Colo. Lawmakers OK Historic Structure Tax Credit Extension

    Colorado's tax credit for rehabilitation of historic structures would be extended and apply to structures as young as 30 years old under legislation approved by the Senate and headed to the governor.

  • May 08, 2024

    Jones Day Hires Eversheds Construction Law Partner In NY

    Jones Day has hired a former Eversheds Sutherland construction litigation partner, who is joining the firm in New York to continue his practice focused on major infrastructure projects and other construction-related work, the firm recently announced.

  • May 07, 2024

    Astec Inks $13.7M Investor Deal Over Wood Pellet Plant Woes

    An investor in manufacturer Astec Industries Inc. has asked a Tennessee federal judge for an initial green light on a $13.7 million deal to end claims the company misrepresented business prospects for its wood pellet plants.

  • May 07, 2024

    2nd Circ. Weighs Border Wall Fraud Juror's Tie To Prosecution

    A Colorado man convicted of scheming to defraud donors to a campaign to build a southern border wall told the Second Circuit on Tuesday that his trial was tainted by a juror's family connection to the prosecution team.

  • May 07, 2024

    Judge Bars Prominent Expert From Vets' Contract FCA Trial

    A D.C. federal judge on Tuesday refused to allow a former senior Small Business Administration official to testify in a pending False Claims Act trial over an alleged scheme to defraud a veterans' contracting program, saying the proposed testimony covered an irrelevant issue.

  • May 07, 2024

    Ways And Means Chairs Decry China Tariff Review 'Inaction'

    The chairs of the House Ways and Means Committee and its Trade Subcommittee chided U.S. Trade Representative Katherine Tai in a letter Tuesday over her office's purported "inaction" in reviewing tariffs covering $300 billion worth of goods from China.

  • May 07, 2024

    Contract's 1-Year Limit Doesn't Block NC Mold Claims

    A North Carolina appeals court on Tuesday reinstated a couple's suit against a contractor they say failed to remediate water and mold damage in their house, saying the trial court was wrong to find that the contract's one-year limitation on claims applied to the state's Unfair and Deceptive Trade Practices Act.

  • May 07, 2024

    Alaska Tribes Say USDA Didn't Consult On Broadband Grants

    Two Alaskan tribes are taking the U.S. Department of Agriculture to federal court after they say the agency gave away $70 million in funds meant to help connect them to the internet after falsely declaring them "served" without checking with the tribes, as they were legally obligated to do.

  • May 06, 2024

    Colo. Court Order Smashes Atty-Client Privilege, Insurer Says

    The Colorado Supreme Court has agreed to take up an appeal of a Denver trial court order in a construction insurance case that an insurer warns would "eviscerate privilege protection for the vast majority of attorney-client privileged communications in society."

  • May 06, 2024

    NOLA Can't Arbitrate $51M Airport Defect Row With Insurers

    A Louisiana federal judge granted a group of insurers a preliminary injunction Monday, relieving them from forced arbitration in a dispute over alleged design defects at a new $1 billion terminal of the Louis Armstrong New Orleans International Airport.

Expert Analysis

  • Tips For Contractors Preparing For Potential Gov't Shutdown

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    With elements of the Congress’ latest continuing resolution expiring on Jan. 19, companies that may be fatigued by preparing for potential shutdown after potential shutdown should consider the current political climate and take specific steps now, say attorneys at Miller & Chevalier.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Ill. Justices Set New Standard For Analyzing Defect Claims

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    The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.

  • Growing Green Tech Demand Spells Trouble For Groundwater

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    Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.

  • Series

    ESG Around The World: South Africa

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    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • 3 Power Rulings Change Outlook For Transmission Cos.

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    The cumulative effect of three December power cases that halted state actions that gave preference to incumbent transmission providers could level the playing field for independent developers, say Harvey Reiter and John McCaffrey at Stinson.

  • How New Fla. Condo Law Will Affect Owners' Finances

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    As this December is the deadline for condominiums in Florida to be in compliance with legislation passed after the Champlain Towers collapse, condo owners will need to prepare for both the immediate and long-term financial implications, says Greg Main-Baillie at Colliers.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What May Define Contract Disputes Act Jurisdiction In 2024

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    Now is a good time to reflect on how several recent decisions may have limited the government's ability to weaponize jurisdictional prerequisites under the Contract Disputes Act, and how this new direction may affect government contractors and practitioners filing CDA appeals in 2024, say attorneys at Seyfarth.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • After Headwinds, 2024 May See Offshore Wind Momentum

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    Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

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