From the category archives: Legal

Legal

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. 

Jersey City Adopts PLA Requirements

  City councilmembers voted 6-3 to approve a measure that rewrites Jersey City’s project labor agreements (PLAs) to require developers to hire union and local workers for city-subsidized construction projects exceeding $25 million. Specifically, the revamped PLAs require women or minority workers who are Jersey City residents to comprise at least 20 percent of the workforce on jobs subject to the agreements. 

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. 

Save Local Business Act Would Rein in ‘Joint Employer’ Standard

The Save Local Business Act, sponsored by Bradley Byrne (R-Ala.) with the bipartisan support of 29 co-sponsors, would restore the language used to determine when one business should be considered responsible for the labor practices of another, protecting businesses from unnecessary involvement in labor negotiations and disputes involving workplaces in which they do not have direct control.

The P3 Market: America vs. the Rest of the World

Unlike the United States, countries such as the United Kingdom, Australia and Canada have developed a number of practices that add certainty to the pursuit of P3s, including dedicated procurement offices, standardized contracting, and the application of P3s across infrastructure asset classes.

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. 

IPD: A Commitment to Teamwork

  When used properly, BIM facilitates the type of collaboration in programming, analysis, budgeting, design development, permitting, bidding, fabrication and construction that is at the core of IPD. The goal of IPD is to have all of the key participants working together from day one to create a single, shared point of responsibility for the project and to minimize or eliminate the unanticipated circumstances and disputes that can throw a job into disarray.
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