Posts Tagged 'Legal'

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Bradley Named 'Law Firm of the Year' by U.S. News

Associated Builders and Contractors (ABC) member Bradley was recently named the nation’s “Law Firm of the Year” for Construction Law in the 2018 “Best Lawyers” edition of U.S. News.One law firm is selected from each legal practice area as the “Law Firm of the Year.”

Don’t Overlook Federal Rule of Evidence 404(b) in Civil Construction Cases

Federal Rule of Evidence 404(b) is significantly underutilized in civil construction cases. Ordinarily thought of as a criminal evidentiary statute, Rule 404(b) excludes evidence of a person’s character or actions as proof that the person acted in conformity with that character attribute. However, there are exceptions to the rule, such as prior knowledge, motive or lack of mistake. Though seldom used in construction cases, these and other exceptions allow savvy counsel to include evidence that might not ordinarily be admitted in a civil construction case. 

Stay Compliant With the Updated NPDES Permit

During the past decade, lawsuits arising from violations of federal and state environmental regulations have made environmental compliance a critical topic. In particular, the National Pollutant Discharge Elimination System (NPDES) Construction General Permit covering stormwater discharges from construction activities has been a major issue for the construction industry. 

Crane Operator Requirement Delayed Another Year

OSHA’s mandatory crane operator certification requirement, which was supposed to take effect this month after an initial implementation date of 2014, has been delayed again until November 2018. The latest extension stems from President Trump’s directive that federal agencies review pending regulations.

Three Contract Options for Differing Site Conditions

The only limit the parties have in drafting a site conditions provision contract is their own creativity in crafting a site conditions business deal. 

Stay Ahead of the Contractual Curve

Construction is a risky business and so is predicting the future. Looking forward, two types of general contractors will exist: those that embrace change and plan accordingly, and those that stay the course and sink. Industry standard contracts establish the foundation for risk in construction, and they are changing too. 

Navigating Renewable Energy Project Agreements

Successful negotiation of engineering and construction agreements in the renewable sector depends on the unique characteristics of each proposed project, as well as the thorough assessment and allocation of risks. 

AIA’s New Insurance and Bonding Exhibit Creates Flexibility

To keep up with legal and practice developments, the American Institute of Architects (AIA) has put together a comprehensive set of revisions to its 2017 owner-​contractor agreements. The single most significant 2017 revision to the A201 Family is the creation of an Insurance and Bonds Exhibit to accompany the key owner-contractor agreements.

Negligence Claim Proves Designers Can Be Held Directly Liable to Subcontractors

Is it reasonable for a subcontractor bidding on a design-build project to assume that the designer has followed the owner’s requirements in preparing the preliminary design documents? The answer is yes, according to a recent ruling by the U.S. Court of Appeals for the 11th Circuit, which affirmed a jury verdict from the District Court. The ruling was in favor of two paving subcontractors against the project engineer, Jacobs Engineering Group, Inc. 

Conflict in Court Over Income Recognition for Construction Contractors

The 9th Circuit Court’s review of how construction contractors should recognize income had a somewhat surprising outcome. The key question being considered was: When should developers recognize income under the completed contract method? Is it when the entire project is complete, is it on percentage of completion, or is it upon the sale of each individual home sold?  

Shea Homes, which used the completed contract method to account for its planned development communities, claimed that final completion and acceptance under Reg. 1.460-1(c)(3) did not occur until the last road was paved and the final bond
was released. However, the Internal Revenue Service (IRS) contended that final completion took place upon the sale of each home.

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