News & Analysis as of

Project Modification

Bradley Arant Boult Cummings LLP

Alabama CON Report - May 2023

Project Modification - Request AL2020-034, The Haven Memory Care Facility, Baldwin County, AL: The project modification request is for the approval to change the construction of twenty-four (24) new Specialty Care Assisted...more

Wiley Rein LLP

FCC Enters into Consent Decree with LPTV Licensee/Permittee for Improper “Hopping”

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On March 7, 2022, the Federal Communications Commission (FCC or Commission) announced that it had entered into a Consent Decree with Lowcountry 34 Media, LLC (Lowcountry) for apparently relocating stations in a manner...more

Gould + Ratner LLP

Best Practices for Coping With Project Modifications, Suspension and Termination During the Age of COVID-19

Gould + Ratner LLP on

As the COVID-19 pandemic continues, owners and developers find themselves facing the prospect of continued project disruptions. While almost every governmental shutdown order has allowed construction activities to continue as...more

Bracewell LLP

COVID-19 Impact on US Renewable Energy Projects

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The COVID-19 pandemic is raising numerous concerns for renewable energy projects under development in the United States. First, will Congress address renewable energy industry concerns in the coming round of the COVID-19...more

McDermott Will & Emery

COVID-19 and Wind Projects: A Legal and Commercial Checklist for Tax Equity, Debt Financing and Project Documentation

The Coronavirus (COVID-19) pandemic has severely disrupted the wind market’s supply chain and labor resources, resulting in significant project delay risk. This legal and commercial checklist is a comprehensive practitioner’s...more

Farrell Fritz, P.C.

Think Before You Speak: Words and Actions Can Bind You Beyond The Terms of a Previously Agreed Upon Subcontract Agreement

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In a recent case before Justice Andrea Masley, Corporate Electrical Technologies, Inc. v. Structure Tone, Inc. et al., Plaintiff Corporate Electrical Technologies, Inc. (“CET”), a subcontractor, was hired by Structure Tone,...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Overcoming FORO (Fear of Rip Off)

Dear YouDig?, I admit it. As an engineer I like to tinker. A few months in to a factory project our team tinkered up a change in the materials and the delivery system that would save the owner a bucket of money for just a...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - March 2019

I. Certificate of Need Program - A. Project Modification - 2017-016, The East Alabama Health Care Authority d/b/a East Alabama Medical Center, Opelika, AL: Proposes to expand ambulatory surgical services by operating,...more

Shutts & Bowen LLP

I Would Have Bid on That! Challenging Out of Scope Modifications to Existing Government Contracts

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Florida’s First District Court of Appeals just held in Asphalt Paving Sys., Inc. v. Anderson Columbia, No. 1D18-2035 (Fla. 1st DCA Feb. 18, 2019) that prospective bidders have standing to file bid protests challenging...more

Miller Starr Regalia

Fourth District Holds Addendum Process Authorized By CEQA, No New Findings Required

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The Fourth District Court of Appeal (Div. 1) held in a published opinion filed October 24, 2018, that CEQA Guidelines § 15164 validly establishes an addendum process that is consistent with the CEQA statute, implementing and...more

Downey Brand LLP

Fourth District Upholds San Diego’s Addendum for Balboa Park Revitalization Project, Validates the CEQA Addendum Process

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On October 24, 2018, the Fourth Appellate District upheld the trial court’s decision in Save Our Heritage Organization v. City of San Diego (D073064), finding that the use of an addendum as outlined in section 15164 of the...more

Troutman Pepper

Evidence That Government Internally Considered Additional Modifications After the Parties Had Signed Earlier Modifications May...

Troutman Pepper on

Meridian Eng’g Co. v. United States, 2018 U.S. App. LEXIS 7024 (Fed. Cir., Mar. 20, 2018) - Meridian Engineering Company (“Meridian”) was hired by the United States (“Government”) to construct flood control structures on...more

Holland & Knight LLP

Appellate Court Rejects CEQA Claims on Project Modifications Made After Final EIR Published

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California's Fourth District Court of Appeal has provided useful guidance on processing requirements for environmental review documents prepared under the California Environmental Quality Act (CEQA) when project modifications...more

Downey Brand LLP

Fourth Appellate District Upholds EIR for 200-Acre Specific Plan Development in Riverside County

Downey Brand LLP on

In its February 14 decision (certified for publication on March 15) in Residents Against Specific Plan 380 v. County of Riverside, the Fourth Appellate District upheld the County of Riverside’s (“County’s”) approval of a...more

Pillsbury Winthrop Shaw Pittman LLP

California Supreme Court Sets New Deferential Standard for Supplemental CEQA Review

In Friends of the College of San Mateo Gardens v. San Mateo Community College District, No. S214061 (Cal. September 19, 2016), the California Supreme Court rejected the “new project” test for determining whether a changed...more

Morrison & Foerster LLP

California Supreme Court Rejects "New Project" Test In High Profile CEQA Suit

“Enough already!” Reading between the lines, this is what a seemingly exasperated California Supreme Court appears to be saying in its latest California Environmental Quality Act (“CEQA”) decision?Friends of the College of...more

Snell & Wilmer

My Project Changed—Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance

Snell & Wilmer on

Change is inevitable. Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes. Do the changes require a further or modified...more

Miller Starr Regalia

Supreme Court Set To Hear Important CEQA Subsequent Review Case

Miller Starr Regalia on

On May 4, 2016, at 9 a.m. in its San Francisco courtroom, the California Supreme Court will hear oral arguments in yet another of the many significant CEQA cases it has tackled in recent years, this one presenting critically...more

Bradley Arant Boult Cummings LLP

Alabama CON report

I. SHPDA Administrative Report - AL2015-024, Greystone Surgery Center LLC, d/b/a Greystone Surgery Center, Birmingham, AL: Proposes to establish an Ambulatory Surgical Center through the conversion of an existing...more

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