Chinese Drywall: Bill Passes to Ban Further use of Tainted Chinese Drywall

William E. Gibson – January 2, 2013 Congress has taken action to stop the spread of tainted drywall blamed for corroding pipes and causing breathing problems in thousands of homes in Florida and 38 other states. A bill sponsored by South Florida Congressman Ted Deutch essentially bans high-sulfur building products and also raised hopes that… Continue reading Chinese Drywall: Bill Passes to Ban Further use of Tainted Chinese Drywall

Skip the Site Visit – Lose a Differing Site Conditions Claim

Rolly L. Chambers – December 21, 2012 Introduction Surprises happen on construction projects. Contracts with the federal government, a large and sophisticated owner, contain clauses from the Federal Acquisition Regulation, (“FAR”), that address the risk of the unforeseen and unanticipated. For example, the Changes clause at FAR §52.243-4 allows the government to make changes in… Continue reading Skip the Site Visit – Lose a Differing Site Conditions Claim

Will your Indemnity Clauses be Unenforceable on January 1, 2013?

Bryan C. Jackson and Gregory Clark December 17 2012 Amendments to California’s construction indemnity statutes will go into effect on January 1, 2013. Your commercial construction contracts may need to be modified or other strategies may need to be implemented or your indemnity clauses may be held void and unenforceable. We are available to revise your commercial… Continue reading Will your Indemnity Clauses be Unenforceable on January 1, 2013?

Occupational Safety and Health Administration Announces ADR Pilot Programme for Whistleblower Complaints

Sonya Leydecker, Alexander Oddy & Anita Phillips – December 5, 2012 The Occupational Safety and Health Administration (OSHA), which is part of the United States Department of Labor, has announced that it is implementing an Alternative Dispute Resolution (ADR) pilot programme for certain whistleblower complaints.   OSHA’s mission is “to assure safe and healthful working conditions… Continue reading Occupational Safety and Health Administration Announces ADR Pilot Programme for Whistleblower Complaints

Defeating a Construction Lien Claim does not Always Entitle a Party to Attorney’s Fees

David A. Greene – November 29, 2012 One important aspect of Florida’s Construction Lien Law is the award to the prevailing party of its attorney’s fees.  Specifically, Florida Statutes §713.29 provides as follows: In any action brought to enforce a lien or to enforce a claim against a bond under this part, the prevailing party… Continue reading Defeating a Construction Lien Claim does not Always Entitle a Party to Attorney’s Fees

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