News & Analysis as of

Construction Project Land Owners

Allen Matkins

California's Construction General Permit and Industrial General Permit – 2024/2025 Annual Update

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Regional Boards’ enforcement of the Construction General Permit (CGP) and Industrial General Permit (IGP) continues to yield high penalty figures; transition to 2022 CGP brings new requirements; and the forthcoming...more

Bennett Jones LLP

Be Careful what you Agree to: Municipal and Planning Agreement Enforceability and the Potential for Perpetual Impacts on...

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When are agreements entered into as part of the land use planning approval process an extension of that process, and therefore changeable through a future process, and when are they more akin to commercial contracts that will...more

Husch Blackwell LLP

Subsurface Risk in EPC Contracts – Addressing Issues Before They Surface

Husch Blackwell LLP on

Allocating subsurface risk is always a key point of negotiation between owners and contractors in engineering, procurement, and construction (“EPC”) contracts, given its potential price and schedule impacts. Parties can...more

Stoel Rives -  Ahead of Schedule

A Case in How to Delegate and Avoid Landowner Liability for Contractor Employees

In a case of first impression in Washington, the Washington State Supreme Court held that a landowner may satisfy its duty to guard an invitee “against known or obvious dangers on the premises by delegating the duty of...more

Downey Brand LLP

Downey Brand Compilation of Published CEQA Cases in 2023

Downey Brand LLP on

2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more

Procopio, Cory, Hargreaves & Savitch LLP

[Webinar] 3rd Annual Construction Forum - November 15th, 10:00 am - 4:00 pm PT

Don’t miss Procopio’s 3rd Annual Construction Forum webinar on Wednesday, November 15, 2023, an informative half-day program focused on the most pressing California construction law issues facing contractors, developers and...more

Miller Nash LLP

[Webinar] Retainage, Back Charges, and Withholdings—Law and Best Practices in Oregon & Washington - October 24th, 9:00 am - 10:30...

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No matter your tier in the construction contracting chain, understanding the nuanced rules and procedures about retainage, back charges, and other payment withholdings is critical to managing cash flow and protecting your...more

Troutman Pepper

Proposed Changes to NY RPAPL Section 881: A Big Win for Developers and Owners

Troutman Pepper on

On February 28, the New York Senate passed Bill S8430A to amend New York’s Real Property Actions and Proceedings Law Section 881. The current version of Section 881, enacted in 1968, offers a developer judicial recourse when...more

Miller Nash LLP

[Webinar] Workplace Policies, M/WBE Certification, and Equity in Construction Contracting - November 17th, 9:00 am PT

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The Pacific Northwest construction industry continues to advance ways to create a harmonious and diversified workplace, maximize project opportunities through M/WBE certification, and implement equity and inclusivity in...more

Nossaman LLP

On-Demand Webinar | Partial Acquisitions: A Case Study on Severance Damages, Offsetting Project Benefits and Mitigation Strategies

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Most professionals in the right-of-way industry are generally aware that partial acquisitions may entitle a property owner to receive compensation not only for the value of the land taken, but also for any damages caused to...more

Hogan Lovells

Planning for beauty – revisions to the NPPF, a new Model Design Code and an Office for Place

Hogan Lovells on

They say beauty is in the eye of the beholder.  Now, for the first time since the birth of the modern planning system in 1947, it’s also enshrined expressly in policy....more

Nossaman LLP

[Webinar] Partial Acquisitions: A Case Study on Severance Damages, Offsetting Project Benefits and Mitigation Strategies - August...

Nossaman LLP on

Most professionals in the right-of-way industry are generally aware that partial acquisitions may entitle a property owner to receive compensation not only for the value of the land taken, but also for any damages caused to...more

Conn Kavanaugh

UPDATE: Supreme Judicial Court Holds That Each Building in Phased-Development Projects Constitutes Distinct “Improvement” for...

Conn Kavanaugh on

Imagine the following. A developer consults with an architect in 2020 about a six-building condominium project. The architect promptly produces a set of plans, which are stamped by an engineer. Over the next three years, the...more

Bricker Graydon LLP

[Webinar] Developing Property for Economic Growth - September 9th, 9:00 am - 11:00 am EST

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Bricker & Eckler attorneys, with special guest Thomas Winston, President & CEO, Toledo-Lucas County Port Authority, invite you to attend a virtual presentation that will walk you through the process of developing public or...more

Bricker Graydon LLP

D.C. Circuit bars long-standing FERC rehearing tolling practice

Bricker Graydon LLP on

On June 30, 2020, the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, denounced the practice of the secretary of the Federal Energy Regulatory Commission (FERC) in issuing tolling orders, which provide FERC with...more

Pierce Atwood LLP

DC Circuit Rejects FERC’s Tolling Authority in Pipeline Certificate Proceedings

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The Federal Energy Regulatory Commission (“FERC”) can no longer delay judicial review of its orders under the Natural Gas Act by issuing a tolling order that takes no action on a rehearing request other than granting itself...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

King & Spalding on

Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

Conn Kavanaugh

When Does the Statute of Repose Begin to Run in Phased Development Projects?

Conn Kavanaugh on

The Massachusetts Statute of Repose requires litigants to assert within six years all tort claims arising out of the design, construction, or administration of improvements to real property. The Statute begins to run upon the...more

Hogan Lovells

CPO Basics – What’s all the fuss about?

Hogan Lovells on

Compulsory Purchase Orders might not seem the most glamorous of topics, but with the urgent need for more homes, and a new Prime Minister showing great enthusiasm for big infrastructure projects, now’s the time to get to...more

Barnea Jaffa Lande & Co.

Canceling Expropriation for Public Use – When?

In a recent judgement by the Supreme Court, the circumstances under which a court may intervene and cancel an action for expropriation were considered....more

Jackson Walker

Texas Legislative Update: New Laws Impacting Real Estate Developers and Builders

Jackson Walker on

More than 10,000 bills were filed during the 86th Texas legislative session. Some of the bills that were filed and ultimately signed into law specifically impact the real estate and construction industries. Below is a...more

Faegre Drinker Biddle & Reath LLP

I-69 Section 6: Will the $1.5 Billion Roadway Impact Your Property?

Construction of Interstate 69 in Indiana seems never-ending. New sections of the interstate have already been completed from Evansville, Indiana to Martinsville, Indiana. Section 6 of the project is just beginning, and it...more

Akin Gump Strauss Hauer & Feld LLP

Concurrent Delay – Is the English Court of Appeal's Clarification Conclusive?

• The Court of Appeal has held that a clause denying an extension of time to a Contractor if there is concurrent delay is enforceable and is not contrary to the so-called “prevention principle.” • The Court of Appeal...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Common Law/Clean Water Act Action: Lawrence County Landowners Lawsuit Challenging Lawrence County, Arkansas Bridge

A group of landowners and farmers (collectively “landowners”) filed an October 10th lawsuit in the United States District Court for the Eastern District of Arkansas against Lawrence County, Arkansas. See No. : 3:17cv272-DPM. ...more

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