Construction SuperConference 2010

San Francisco, California - Date of Event: December 15, 2010

The mission of the Construction SuperConference is to provide the legal and construction community with the highest quality of educational content in a 2.5 day event.

All educational sessions will be targeted to exec

Façade Design Engineering and Delivery Europe 2010

London, United Kingdom - Date of Event: October 12, 2010

Main Conference Days: 12th – 13th October 2010
Post-Conference Workshop: 14th October 2010 – 10.00 – 16.00
CCT Venues, Canary Wharf, London

Conference highlights include:

• Enhanced Design and Delivery: He

Decorative Concrete and Polymer-Modified Cementitious Overlay Systems

Richmond, BC, Canada - Date of Event: June 25, 2010

Elite Crete of British Columbia delivers professionally instructed, hands-on, quality training seminars on decorative concrete and polymer-modified cementitious overlay systems.

Specifically, systems for creating deco

R. Baker and Son Announces New Puerto Rico Business Development Manager

Red Bank, New Jersey

R. Baker & Son All Industrial Services is pleased to announce the addition of Wilfredo "JJ" Martinez to our team. Mr. Martinez will be representing us in Puerto Rico as international business development manager and will be r

Green Homes Certificate

Loveland, Colorado - Date of Event: September 15, 2010

By earning your Green Homes Certificate, you gain a working knowledge of green residential building strategies and tools, including the major rating systems: LEED-Homes®, Built Green and ENERGY STAR.

This program is f

Green Building Certificate

Denver, Colorado - Date of Event: September 07, 2010

As you earn your Green Building Certificate, you will learn about sustainable building tools and strategies, including the Leadership in Energy and Environmental Design (LEED) Green Building Rating System™, the nationwide rat

Construction Management Certificate

Denver, Colorado - Date of Event: September 08, 2010

Build your skills and knowledge to successfully supervise the construction process from the conceptual development stage through the final construction phase with a certificate in Construction Management.

In this even

Howrey's Construction Group Wins Chambers USA's Award for Excellence

Howrey, 6/14/2010 12:05 PM

Howrey LLP

Howrey LLP's Construction Group has won the prestigious Chambers USA Award for Excellence in its category. The award was announced at dinner in New York on June 10.

U.S. Agencies Given Wide Discretion to Award Contracts Based on Factors Other Than Price

David Beck, 6/14/2010 12:00 PM

By David Beck
Howrey LLP

Weeks Marine, Inc., a large marine construction and dredging contractor, filed a pre-award bid protest challenging the Army

Learn the Latest Green Building Techniques at Everblue Training Institute

Huntersville, North Carolina

There's no time like now to pass the LEED Green Associate Exam. This credential is essential for anyone seeking a career in construction. Classes are filling up now, so get your credential before the next school year sta

Court Considers Whether Arbitration Can Be Compelled Under AIA Contract When No Architect Is Named

Andrew M. Argyris, 6/7/2010 12:00 PM

By Andrew M. Argyris
Howrey LLP

Tillman Park, LLC contracted with Dabbs-Williams General Contractors, LLC to build a condominium project in Statesboro, Georgia. After completion of the proje

Masterclass -- Delay, Disruption and the Future of UK Construction

Manchester, United Kingdom - Date of Event: July 01, 2010

Together with the CIOB, Hill International are organising a seminar on the subject of managing and analysing delay, disruption and the future of UK Construction on 1st July 2010.

Leading international speakers from law

Masterclass -- Delay, Disruption and Disputes in Asia Pacific

Singapore, Singapore - Date of Event: July 13, 2010

Together with the CIOB, Hill International are organising a seminar on the subject of managing and analysing delay, disruption and the future of disputes in Asia-Pacific on 13/14 July 2010.

Leading international speake

In-Place Filter Testing Workshop

Boston, Massachusetts - Date of Event: August 16, 2010

Offered by Harvard School of Public Health Center for Continuing Professional Education.

Gain the knowledge necessary to test and certify HEPA filtration systems.

Learn the latest air cleaning techniques and reg

Bad Faith Settlement Claims by Contractors Against Two Sureties Illustrate When Conduct May Be Improper

Eric Casher, 5/31/2010 12:00 PM

By Eric Casher
Howrey LLP

A federal appeals court has barred a surety's claim for indemnity against a subcontractor on the grounds that the surety

Construction Management Association of America National Conference and Trade Show

San Diego, California - Date of Event: October 03, 2010

October 3-5, 2010
Manchester Grand Hyatt

This year’s CMAA National Conference will feature a keynote by author Stan Slap, 75 exhibiting companies and at least 35 educational sessions.

Slap, a corporate strate

Construction Management Association of America Water Summit

Kansas City, Missouri - Date of Event: July 18, 2010

CMAA's Second Water/Wastewater Summit

July 18-20, 2010 at Westin Crown Center

Leading system owners and CM/PM service providers will come together to focus on this year's theme, "Building Sustainable S

Does Your Broker Know Construction Insurance?

Temecula, California

As a Certified Insurance Specialist in Construction (CISC), I understand the complex construction market, and I have access to the lowest rates in California.

Please give me the opportunity to provide you with a quote

Tunnels Europe 2010

Budapest, Hungary - Date of Event: September 28, 2010

What is Tunnels and Underground Construction Europe about?

Due to the overwhelming success of IQPC’s Tunnels and Underground Construction in Dubai, Singapore and Australia, IQPC Europe is proud to announce this global

Sharper Painting

Oklahoma City, Oklahoma

Commercial drywall and painting contractor.

"Quality guaranteed."

Hook-Um Dano Ladder Locks! The Sure Way to Lock Your Load!

Henderson, Nevada

Revolutionary in-ladder lock technology.

Join the revolution! Make ladder safety your priority today.

Simply the easiest, most effective and economical solution to ladder safety and security on the market today.

Cumulative Impact Award for Contractor Reversed on Basis of Release Despite 274 Later Extra Work Orders

Laura Thomson, 5/24/2010 12:05 PM

By Laura Thomson
Howrey LLP

Over a strong dissent, the U.S. Court of Appeals for the Federal Circuit has vacated in part a judgment by the Court o

How Non-U.S.-Owned Companies Can Compete for Federal Government Contracts

Barbara Werther, 5/24/2010 12:00 PM

By Barbara Werther
Howrey LLP

Non-U.S. companies frequently ask whether they are eligible to compete for U.S. government construction and renovati

Clark Construction Becomes First Construction Company in Michigan to Receive State Safety Award

Lansing, Michigan

Clark Construction’s company-wide annual meeting took on an atmosphere of celebration as state officials presented the company with the prestigious CET Platinum Award from the Michigan Occupational Safety and Health Administr

Former IDOT Secretary Joins PMA Consultants

Chicago, Illinois

PMA Consultants is pleased to announce that Timothy Martin, PE, has joined the company as Senior Principal. In this capacity, Mr. Martin will be based in the company's Chicago office and will be responsible for the pursu

Near Field Communication World Asia

Singapore, Singapore - Date of Event: September 15, 2010

Consumers today are becoming more technology savvy, and they are constantly looking for a fast and reliable mode of communicating.

Learn how you can be the front-runner in your industry with Near Field Communication (

Miami-Dade Approved Mahogany Wood Impact Doors

Miami , Florida

Deco Design Center custom crafts strong hurricane impact-approved mahogany wood exterior doors for any motif.

No matter if you want art glass, hand carvings, arched, square top or elliptical top, we have the perfect c

Contractor Allowed to Sue Local Agency for Lost Profits After Bonding Capacity Was Impaired; Default Was Wrongful

Christian F. Henel, 5/17/2010 12:00 PM

By Christian F. Henel
Howrey LLP

The Colorado Supreme Court has held that a contractor may use impaired bonding capacity as the basis for a claim of

2nd Guangzhou International Solar PV Exhibition

Guangzhou, China - Date of Event: August 26, 2010

Exhibition Introduction

Solar photovoltaics is emerging as a major power source due to its numerous environmental and economic benefits. The installation of PV cells and modules around the world has been growing since

Build Expo Buyers Event

Kansas City, Missouri - Date of Event: September 22, 2010

Build Expo promotes the growth of local construction industry markets across the nation. Build Expo welcomes you to events solely dedicated to connecting buyers and suppliers/manufacturers/service providers in a face-to-face

Build Expo Buyers Event

Washington, District of Columbia - Date of Event: August 18, 2010

Build Expo promotes the growth of local construction industry markets across the nation. Build Expo welcomes you to events solely dedicated to connecting buyers and suppliers/manufacturers/service providers in a face-to-face

Build Expo Buyers Event

Secaucus, New Jersey - Date of Event: July 21, 2010

Build Expo promotes the growth of local construction industry markets across the nation. Build Expo welcomes you to events solely dedicated to connecting buyers and suppliers/manufacturers/service providers in a face-to-face

Court Interprets Ambiguous Contract Against U.S. Government, Allows Roofer's Claim for Extra Work

William S. Hale, 5/10/2010 12:00 PM

By William S. Hale
Howrey LLP

States Roofing Corp. was awarded a contract by the Navy to re-roof a large existing building in Norfolk, Virginia. In

Safety Strategies in Construction

Los Angeles, California

General contractors manage a variety of important considerations as they supervise a building's construction, including budget, materials and schedule. They also must ensure compliance with a wide range of regulatory req

Surety Faces Liability for Violating Bankruptcy Stay by Insisting that Owners Pay It, Not Contractor

John Fedun, 5/3/2010 12:00 PM

By John Fedun
Howrey LLP

The Labuzans were owners of Contractor Technology, Ltd. (CTL), a general contractor. St. Paul Fire & Marine Insurance

Expo and Conference for Home Builders in Southeast

Charlotte, North Carolina - Date of Event: September 17, 2010

Registration for the Southeast’s premier home building tradeshow, the 21st Century Building Expo and Conference, is officially open. We invite builders, remodelers, subcontractors, Realtors and other industry professionals t

7-Year Prison Term for Engineering Executive Illustrates New Reach of Anti-Bribery Law

Fiona Philip, 4/26/2010 12:00 PM

By Fiona Philip
Howrey LLP

A U.S. District Court judge has handed down "the longest-ever prison sentence" for a Foreign Corrupt Practices Act (FCPA

Federal Judge Spells Out Electronic Discovery Failings that Warrant Sanctions

John Foust, 4/19/2010 12:05 PM

By John Foust
Howrey LLP

More than six years ago, a federal judge handed down a series of influential opinions that outlined the parameters of litig

With Green Building Standards Spreading Around the World, Coordination Among Them Is Just Starting

William DeVan, 4/19/2010 12:00 PM

By William DeVan
Howrey LLP

The growing trend toward green building has resulted in a number of competing and overlapping certification systems, wit

With Financing in Doubt, Contractor Was Entitled to Demand Adequate Assurances of Performance from Homeowners, Court Holds

Brienne Wesolek, 4/12/2010 12:00 PM

By Brienne Wesolek
Howrey LLP

Homeowners and a contractor entered into a contract for construction of a modular home in April 2004. The eventual

Project Owner's Claims, Damages, Evidence Limited After It Demolished Baghouse at Center of Lawsuit

Andrew M. Argyris, 4/5/2010 12:00 PM

By Andrew M. Argyris
Howrey LLP

Barton Brands, Ltd. owns and operates a distillery and bottling plant in Bardstown, Kentucky. Barton Brands contracted with O'Brien & Gere Engineers, Inc.

How Owners and Contractors Can Control Project Risk

New Orleans, Louisiana - Date of Event: October 25, 2010

1. Negotiating the Key Contract Provisions

2. Choosing the Best Approach: Integrated Project Delivery, CM-at-Risk, Hard Bid or GMP

3. Designing and Construction in Green: Risk-Shifting -- LEED Contract Provis

U.S. Supreme Court Narrows Definition of Corporate Citizenship - Opening Door to Federal Courts

Michael McNamara and Christian Henel, 3/29/2010 12:00 PM

By Michael McNamara and Christian Henel
Howrey LLP

The United States Supreme Court has settled a long

Hands-On PLC Training Workshop

Atlanta, Georgia - Date of Event: July 27, 2010

Start with the basics of PLC (Programmable Logic Controllers) and then move on to troubleshooting, then learn the foundations of good PLC programming while writing your first IEC-1131 compliant PLC program. (1.6 CEU)

T

Hands-On PLC Training Workshop

St. Louis, Missouri - Date of Event: June 22, 2010

Start with the basics of PLC (Programmable Logic Controllers) and then move on to troubleshooting, then learn the foundations of good PLC programming while writing your first IEC-1131 compliant PLC program. (1.6 CEU)

T

Georgia Court Enforces Liability Limitation in Contract; Rejects Anti-Indemnity Argument

Peter K. Zweighaft, 3/15/2010 12:00 PM

By Peter K. Zweighaft
Howrey LLP

A developer hired an architect to design a retaining wall for a detention pond in a residential development. T

Real Estate Developer Sentenced to 9 Years in Prison for Violating Clean Water Act; Daughter, Engineer Get 7 Years

Howrey LLP, 3/22/2010 12:00 PM

Howrey LLP

Robert J. Lucas owned two companies, Bill Hill Acres, Inc. and Consolidated Investments, Inc. Through them, he acquired a large parcel of land in Jackson County, Mississippi, about 8 mi

30th IRMI Construction Risk Conference

Nashville, Tennessee - Date of Event: November 07, 2010

Mark your calendar for November 7-11, 2010, in Nashville, and experience first-hand the exceptional educational value and unparalleled networking opportunities that the IRMI Construction Risk Conference offers.

This is

Application of Wrong Kind of Paint Held to Be Insured Property Damage Under CGL Policy

Howrey LLP, 3/8/2010 12:00 PM

Howrey LLP

The Montana Supreme Court has held that the application of the wrong type of paint constitutes "physical injury to tangible property" within the meaning of a subcontractor's commercial g

Contractor Recovers from PennDOT for Failing to Coordinate Utility Relocation on Highway Project

Lauren M. Charneski, 3/1/2010 12:00 PM

By Lauren M. Charneski
Howrey LLP

Intercounty Paving Associates contracted with the Pennsylvania Department of Transportation (PennDOT) to widen

How Owners and Contractors Can Control Project Risk

Atlanta, Georgia - Date of Event: September 20, 2010

Topics:

* Negotiation of the key contract provisions.

* Choosing the best approach: Integrated project delivery, CM-at-risk, hard bid or GMP (guaranteed maximum price).

* Green design and construction

E-Verify Program to Check Employees of Government Contractors Is Extended

William S. Hale, 2/22/2010 12:00 PM

By William S. Hale
Howrey LLP

The termination date for E-Verify, the Department of Homeland Security's program to provide Internet-based verification

Funds to Pay Subs Misspent; Executive of General Contractor Denied Protection in Bankruptcy

Laura Kent, 2/15/2010 12:00 PM

By Laura Kent
Howrey LLP

A federal appeals court has refused to allow an executive of a failed general contractor to discharge in bankruptcy debts ow

Infrastructure Investment World India 2010

Mumbai, India - Date of Event: November 22, 2010

Infrastructure Investment India 2010 is the platform for the entire infrastructure community. Back for the fourth year running, this two-day conference brings together governments, funds, institutional investors, financiers,

Infrastructure Investment World Asia 2010 (IIW Asia 2010)

Hong Kong, Hong Kong S.A.R. - Date of Event: September 27, 2010

Infrastructure Investment World Asia is an event that brings together infrastructure developers, governments, investors, financiers and supporting industries to assess investment, project development and capital raising oppor

Bad Smell Can Constitute Property Damage under CGL Policy; Claim Triggered Insurer's Duty to Defend

Stephen D. Palley, 2/8/2010 12:00 PM

By Stephen D. Palley
Howrey LLP

Does a bad smell constitute property damage for purposes of a standard commercial general liability insurance polic

Inter-Build Jordan Fair 2010

Amman, Jordan - Date of Event: September 27, 2010

This is the third fair and forum for building industry and architecture professionals.

There will be more than 120 exhibitors from Jordan, Syria, Egypt, Turkey and China.

Participants will include businesses i

New Contract Form Allocates Liability for Not Achieving Green Building Status

Eric Casher, 2/1/2010 12:05 PM

By Eric Casher
Howrey LLP

ConsensusDOCS has issued a contract document that sets out the parties' liabilities when entering into contracts for gree

Additional Notices Required for California Mechanic's Liens Starting in 2011

Rowan T. Mason, 2/1/2010 12:00 PM

By Rowan T. Mason
Howrey LLP

Effective January 1, 2011, the California Legislature has amended Civil Code §§3084 and 3146 to require two a

Aerospace Supplier eXchange 2011 (ASX 2011)

Singapore, Singapore - Date of Event: April 27, 2011

The Aerospace Supplier eXchange (ASX) 2011 is a regional conference and exhibition that will feature the 3rd and 4th tier suppliers who service the vibrant aerospace industry. Showcasing their best products and services, this

Government Contractor Denied Compensation for Work Stoppage Resulting from 9/11 Attacks

Todd J. Wagnon, 1/25/2010 12:00 PM

By Todd J. Wagnon
Howrey LLP

In April 2000, Conner Brothers Construction Co. contracted with the Army Corps of Engineers to construct four building

Prevailing Wage Law Applied to Core Renovations, Not Just New Construction, and to Shell Work Beneficial to Public Agency

Howrey LLP, 1/18/2010 12:05 PM

Howrey LLP

The California Court of Appeal has held that state prevailing wage laws apply to renovations, not just to new construction, and apply to work on common portions of privately owned buildi

SEC Announces New Guidelines to Encourage Cooperation in Investigations, but Caution Is Advisable

Fiona Philip, 1/18/2010 12:00 PM

By Fiona Philip
Howrey LLP

Robert Khuzami, director of the Securities and Exchange Commission's Division of Enforcement, in August 2009 announced a

Jordanbuild 2010

Amman, Jordan - Date of Event: August 02, 2010

Jordan International Building, Construction and Engineering Industries Exhibition – August 2 to 5, 2010.

Jordanbuild 2010 is the only building trade exhibition designed for real and practical face-to-face business with

When Is a Settlement a Settlement? What the Agreement Needs to Be Binding

Markus Esly, 1/11/2010 12:00 PM

By Markus Esly
Howrey LLP

This article concerns a recent arbitration award, Azpetrol v. Republic of Azerbaijan, by an International Centre for the Se

How the Economic Loss Rule Interrelates with Insurance - and Coverage Can Be Obtained

By Jill B. Berkeley
Howrey LLP

Construction disputes that arise out of a contractual relationship are subject to the economic loss rule. The economic loss rule also affects insurance coverage disputes arising out of construction claims. Although the Texas Supreme Court has stated that the

Effort to Block Wind Farm Based on Aesthetic Impact Rejected by Texas Courts

By Laura Kent
Howrey LLP

Neighbors sued wind farm developer-operators for injunctive relief, claiming public and private nuisance arising from construction and operation of the wind farm. Defendants moved for partial summary judgment against those nuisance claims "based upon the wind farm's

Academic Medical and Health Science Centers 2010

Scottsdale, Arizona - Date of Event: November 15, 2010

Who should attend this conference?

This conference is the annual meeting for industry leaders involved in planning, administration and operation of academic medical and health science centers (i.e. medical schools, ho

County Failed to Obtain Builder's Risk Insurance as Promised, Held Liable for Damage to Contractor's Work

Howrey LLP

King County, Washington, contracted with Frank Coluccio Construction Co., Inc. to build a utility tunnel under a waterway. Coluccio subcontracted with Donald B. Murphy Contractors, Inc. to build an access shaft at the eastern end of the tunnel.

Murphy designed and built the access shaft as a circular series

Design Risk for Contractors and CMs: How Insurance Addresses the Exposure

By Jeffrey R. Gans and Stephen D. Palley
Howrey LLP

The great modern architect Mies van der Rohe reportedly said that "architecture starts when you carefully put two bricks together." Of course, this begs the question of who will physically put the bricks together.

Defective Specifications Result in Equitable Adjustment Despite Government's Argument that Contractor Should Have Known

Howrey LLP


The U.S. Court of Appeals for the Federal Circuit has ruled that a contractor reasonably relied on defective government specifications and was entitled to an equitable adjustment for resulting increased costs of performance.

The Army Corps of Engineers contracted with Ace Constructors for construction of loading

Declaration of Default Not Required to Trigger Surety's Liability on Performance Bond, Court Holds

By Laura Thomson
Howrey LLP


In performing its contract to build a Wal-Mart store in Vancouver, Washington, Colorado Structures, Inc. subcontracted with Action Excavating and Paving, Inc. to build the store's sewer system. Action fell behind schedule. Colorado Structures

Key Construction Insurance Issues - How 3 Form Contracts Address Them

By Seth D. Lamden and Andrew M. Reidy
Howrey LLP


INTRODUCTION

The importance of insurance as a risk management tool in construction projects cannot be over-emphasized. Construction is an inherently risky business

Insurer Bound by Results of Insured's Trial or Finding that Settlement Was Reasonable, Washington Supreme Court Holds

By Douglas M. DeWitt
Howrey LLP

The Washington Supreme Court has balanced "the interests of an insured defendant in reaching a reasonable settlement with a claimant against the insurer's interest in fully litigating its insured's legal obligation to that claimant.

Statute of Limitations Is No Bar to Compelling Arbitration, California Supreme Court Holds

Howrey LLP

The California Supreme Court has held that a trial court may not deny a petition to compel arbitration on grounds that the statute of limitations had run on the claims the parties agreed to arbitrate.

A contractor performing work on a pump station in Santa Monica, California, hired a subcontractor to install

Arbitration Decisions: Finality May Not Always Be Best

By Markus Esly
Howrey LLP

One of the advantages of arbitration over litigation is that arbitration offers greater certainty and finality. The aim of arbitration is to resolve disputes as swiftly as possible without long-running appeals. Once the tribunal has delivered the award, both parties

Court Distinguishes Duty to Defend from Duty to Indemnify, Requires Non-Negligent Supplier to Pay for Defense

By Peter K. Zweighaft
Howrey LLP

Homeowners in a large residential project sued the developer/general contractor and its subcontractors and suppliers alleging construction defects. The developer/general contractor cross-complained for indemnity and defense costs against the subcontractors

Government Acted in Bad Faith in Default Termination; Court Awards $17 Million in Damages to Contractor

By Laura Thomson
Howrey LLP

Moreland Corp. contracted with the Department of Veterans Affairs to design and construct a two-story medical clinic in Las Vegas under a 15-year lease-back agreement. The VA took occupancy of the building in 1997. Five years later, the VA terminated the lease

Maritime Vietnam 2011

Ho Chi Minh City, Vietnam - Date of Event: March 09, 2011

The premier international exhibition and conference for Vietnam’s buoyant maritime industry.

Maritime Vietnam is a comprehensive event that features shipbuilding, offshore, ports and supply chain management opportuniti

INMEX China 2010 (International Maritime Expo 2010)

Guangzhou, China - Date of Event: December 08, 2010

The largest and definitive international maritime expo in South China’s Pearl River Delta region.

Now in its 4th triumphant presentation, INMEX China has grown to be the largest meeting platform of the worldwide mariti

Standard Form Contracts - Choice of Law Can Change Everything

By Melanie Willems
Howrey LLP

Picture the following: Your company, a drilling rig contractor, is negotiating a contract with a counterparty from another jurisdiction. The contract is based on a well-known standard form published by an international industry body. This standard form

When a Bid Isn't: Qualifying Language Renders Bid Unenforceable, Court Holds

Howrey LLP

When a subcontractor refused to stand by the price in its proposal, the general contractor could not enforce the bid because the proposal stated that it was for "informational purposes only" and should not be relied on.

The general contractor, Fletcher-Harlee Corp., was preparing to bid on a building project.

Illinois Construction Cases Illustrate Gaps Between Insurance Coverage and Contractual Liability for Injury, Damage

By Seth D. Lamden
Howrey LLP


Introduction

Given the inherently risky nature of construction projects, parties to construction contracts - owners, general contractors and subcontractors - continue to wrestle with developing effective contractual risk

Insurer that Refused to Defend Barred from Intervening After Additional Insured Stipulates to $29 Million Judgment

By Benjamin D. Heath
Howrey LLP

An insurance company that rejected the insured's tender of defense was not permitted to intervene in a case after the insured stipulated to judgment in favor of the plaintiff and agreed that the plaintiff could pursue the insurer for coverage and bad faith in

Availability of Arbitrators - How to Avoid the Problems of Delayed Proceedings

By Melanie Willems
Howrey LLP

When the London Court of Arbitration (now the LCIA) opened its doors to business in November 1892, it announced the following to the world, throwing down the gauntlet to the courts of the King's Bench:

Chinese Drywall and Homebuilders: How to Reduce Exposure and Recover Costs

By Melissa Lesmes and David Beck
Howrey LLP

During the height of the housing boom from 2004 to 2007, approximately 309 million square feet of Chinese drywall was imported into the United States. Since that time, more than 600 lawsuits have been filed

Big Retail Project Stalled Because Environmental Impact Report Failed to Adequately Consider Greenhouse Gases, Court Holds

By Jeffrey M. Judd
Howrey LLP

Wal-Mart's plans to build a "Supercenter" near Joshua Tree National Forest were put on hold when - for the first time - a California Superior Court ruled that the environmental impact report inadequately assessed the effect of project-generated greenhouse gases.

Federal Contractors Obtain No Proprietary Rights to Concepts in Value Engineering Change Proposals, Court Holds

By W. Samuel Niece
Howrey LLP

The U.S. Court of Appeals for the Federal Circuit has held that a government contractor obtains no proprietary rights in the "concept" of a Value Engineering Change Proposal ("VECP") submitted to the U.S. government.

Force Majeure Clause Does Not Shield Contractor from Delays Caused by Its Own Supplier, U.S. Court Holds

Howrey LLP

A federal appeals court has held that a force majeure clause did not relieve a contractor of its responsibility to the owner for delays caused by a supplier and that it was proper to apportion liquidated damages based on fault.

Hutton Contracting Company, Inc. contracted with the City of Coffeyville, Kansas, to construct

Insurer that Delayed in Disputing Coverage Estopped from Asserting Defenses Against Assignee of Policy

By Christian Henel
Howrey LLP

The Arizona Court of Appeals has held that a defendant subcontractor may assign its rights against its insurance carrier to a plaintiff property owner in a construction defect case and that the assignment includes the right to estop the insurer from disputing cover

Architectural Design, Though Very Similar to Plaintiff's, Does Not Infringe on Copyright, U.S. Court Holds

Howrey LLP


Because two architectural designs contained unprotected common design elements attributable to owner input, zoning requirements and physical restrictions, the two works were not "substantially similar," and no copyright infringement occurred, the U.S. Court of Appeals for the 6th Circuit held.

Wrap-Up Insurance Policies: How Claims Can Raise Issues of Subrogation, Third Party Liability, Other Insurance

By Jill B. Berkeley
Howrey LLP


INTRODUCTION

Among the many good reasons that wrap-up insurance policies are purchased for construction projects, seamless claims-handling certainly is one of the most important. As an obvious extension of claims-handling

Trade Secret Cases: Meeting the Challenges of Making Disclosures, Experts, Apportioning Damages

By Benjamin K. Riley
Howrey LLP


Introduction

Arising from the intersection of cutting edge technology and outright theft, trade secret litigation offers many fascinating challenges. But traps for the unwary plaintiff lurk at every stage of the proceeding.

CGL Policy Covers Pollution Liability Arising from Indivisible Covered and Non-Covered Events, California Supreme Court Holds

By Stephen V. Masterson
Howrey LLP

The California Supreme Court recently considered whether comprehensive general liability (CGL) policies insuring against liability for damage caused by the sudden accidental release of pollutants cover clean-up liabilities imposed on the State of California

Economic Loss Rule Shields Design Professionals from Negligence Claims on Commercial Projects, Nevada Supreme Court Holds

By Clark T. Thiel
Howrey LLP

Presented with a certified question that it recast as "Does the economic loss doctrine apply to preclude negligence-based claims against design professionals, such as engineers and architects, who provide services in the commercial property development or improvement

Contractor Held Liable to Union Pension Fund Under Traveling Contractor Clause as a Result of Subs' Use of Non-Union Labor

Howrey LLP

The U.S. Court of Appeals for the District of Columbia has held that the traveling contractor's clause in a contract with a union local obligated a general contractor working outside its home area to pay union pension fund benefits for work performed by subcontractors that employed non-union labor.

Contractor Allowed to Pursue First Amendment Claims Against City that Refused to Accept Its Low Bid

Howrey LLP

The U.S. Court of Appeals for the 5th Circuit, in a 2-to-1 decision, allowed a contractor to pursue its claim that the City of Lubbock, Texas, wrongfully refused to do business with the contractor because of a lawsuit it had filed against another local government.

Maryland Settlement Subjects More New Construction Projects to Stringent Individual Storm Water Permits

By Christopher Marraro
Howrey LLP

The Maryland Department of Environment has settled its dispute with the Maryland Waterkeeper Alliance over the state's storm water permit program for construction projects. The settlement will result in fewer projects being eligible for the general permit

Why Commercial General Liability Insurance Covers General Contractors Against Construction Defect Claims

By Seth D. Lamden
Howrey LLP

After nearly three decades of litigation and scores of decisions from nearly every jurisdiction, courts still do not agree on whether a commercial general liability (CGL) policy protects a general contractor against claims for property damage occurring after

Obama Signs Bill Broadening Anti-Fraud Laws, Increasing Funds for Fraud Enforcement

By Peter Unger, Fiona Philip and Mary Carter Andrues
Howrey LLP

President Obama on May 20 signed the Fraud Enforcement and Recovery Act (FERA), passed by the House of Representatives on May 18 and the Senate on May 14.