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Polsinelli

Filling the Void: Colorado Advances Wetlands Rules That Will Have Major Impacts on Development

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Colorado authorities recently published proposed regulations that will have major implications for construction and development projects that impact state waters. The regulations establish a permitting system for projects...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 12, December 2024

Welcome to our year-end issue of The Site Report! As always, the construction industry is ever-changing and is impacted by extreme weather, new technology, labor issues, material and supply chain restraints, and code changes....more

Schwabe, Williamson & Wyatt PC

Kotek Signs Executive Order Mandating PLAs on State Projects

On December 19, 2024, Oregon Governor Tina Kotek publicly announced Executive Order No. 24-31 (“PLA Executive Order”), requiring Project Labor Agreements (PLAs) on nearly all state construction projects in Oregon. Here’s a...more

Parker Poe Adams & Bernstein LLP

OSHA Adopts New PPE Fit Requirements for Construction Industry

Last week, the federal Occupational Safety and Health Administration issued a final rule amending its safety standards for the construction industry to require assurance of the proper fitting of personal protective equipment....more

Littler

New York State Public Work Contractor Registration Requirement Takes Effect December 30, 2024

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Contractors and subcontractors that perform work on projects subject to Article 8 of the New York Labor Law must register with the New York State Department of Labor (NYSDOL) on or before December 30, 2024. Article 8 of the...more

Stoel Rives -  Ahead of Schedule

The Collective Cost Paid For Arbitration’s Numerous Benefits

Arbitration agreements have become commonplace in construction contracts. As a result, a significant portion of construction disputes are resolved privately through arbitration rather than in public courts. This article...more

Davis Wright Tremaine LLP

Navigating the Unknown: Unveiling the Secrets of Superior Knowledge Claims

In H&L Contracting, LLC, ASBCA Nol. 63695 (November 21, 2024), the contractor sought to recover for cost overruns it incurred in connection with a dredging contract. The contractor had to utilize an ocean-going dredge to...more

Harris Beach PLLC

NY Court of Appeals Addresses Labor Law § 200 “Means and Methods” Cases

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For participants in New York’s construction industry, the distinction between possession of supervisory authority, on the one hand, and the exercise of that authority, on the other, may have significant implications for their...more

Robinson+Cole Construction Law Zone

Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies

In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage...more

Akerman LLP

New York City Council Passes “City of Yes for Housing Opportunity”

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On December 5, 2024, the New York City Council approved the “City of Yes for Housing Opportunity” text amendment, as modified by the City Planning Commission, following recommendations from the Zoning and Franchises...more

Warner Norcross + Judd

OSHA Tailors Construction PPE Standard to Require Properly Fitting PPE

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The Occupational Safety and Health Administration (OSHA) has announced a final rule that revises the personal protective equipment (PPE) standard for the construction industry. Under the revised standard, employers engaged in...more

Rivkin Radler LLP

December 2024 Insurance Update

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There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite...more

Bond Schoeneck & King PLLC

New York State Introduces Registration Requirement for Contractors and Subcontractors on Public and Private Projects

All contractors and subcontractors who submit bids or perform construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of...more

Hahn Loeser & Parks LLP

Prefabrication – The New Norm (Properties Magazine)

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Prefabrication is nothing new to the construction industry. And, over the past several years, we have seen a rather significant increase in the utilization of prefabrication. With this increase, however, it has revealed...more

Mayer Brown

Legal developments in construction law: December 2024

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1. DOES A D & B CONTRACTOR HAVE TO CHECK THE ER DESIGN? A design and build contractor may agree to complete the design of a project but does that responsibility extend to checking the design in the Employer's...more

Warner Norcross + Judd

Construction Change Management – Common Pitfalls and How to Avoid Them

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During any construction project, unanticipated impacts and revisions to project scope, schedule and cost are almost inevitable. For example, access delays and disruptions arise, unusually severe weather conditions are...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Issues Final Rule on Personal Protective Equipment for Construction Workers, but It Could Start Back at Square One

On December 11, 2024, the Occupational Safety and Health Administration (OSHA) issued a statement that it had finalized a rule amending 29 C.F.R. 1926.95(c) to require construction employers to make personal protective...more

Jackson Lewis P.C.

Employer Compliance Check: Washington State Employment Laws 2024 + 2025

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Washington State has enacted significant employment laws that have or will come into effect in 2024 and 2025. These laws introduce new requirements and protections for employees across various industries. This update provides...more

Ballard Spahr LLP

OSHA Announces Requirement That Protective Equipment for Construction Employees Be Well-Fitting

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On December 12, 2024, the Occupational Safety and Health Administration (OSHA) issued a final rule updating its personal protective equipment (PPE) standard for construction workers. The new rule explicitly requires that...more

Robinson+Cole Construction Law Zone

Updates to AIA Contract Applications

The construction industry often relies on contract forms drafted by the American Institute of Architects (AIA). These AIA forms include agreements between owners, designers, consultants, contractors, subcontractors, and...more

Stinson LLP

Trump's First 100 Days: Real Estate and Construction

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Trump's presidency is likely to have significant effects on the market, which will in turn influence real estate and construction trends for years to come. The market shifts from Trump's presidency shifts won't happen...more

JAMS

[PODCAST] Hon. Nancy Holtz (Ret.) Discusses Timing Strategies in Construction Mediations on ABA Podcast

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In episode 40 of the ABA Construction Law Today podcast, Hon. Nancy Holtz (Ret.), a Boston-based JAMS neutral, explores the critical role of timing in achieving optimal outcomes during construction mediations. Drawing on her...more

Jones Day

Final Regulations Clarify the Investment Tax Credit Rules

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The U.S. Department of the Treasury and the Internal Revenue Service have issued final regulations for the investment tax credit under section 48, providing guidance for projects that start construction by December 31, 2024....more

Harris Beach PLLC

New York Requires Registration for Contractors and Subcontractors

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Beginning Dec. 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public projects, or certain covered private projects, will be required to register with the New York State...more

Gray Reed

Weathering the Storm—Part 2: Understanding Liquidated and Consequential Damages in Construction Contracts

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When project delays occur due to natural disasters, the financial implications can be severe. Construction stakeholders often focus on immediate physical damages while overlooking the potentially devastating impact of...more

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