Alston & Bird, LLP – September 12, 2012 When things go wrong on a construction project, parties often engage in a “you-breached-no-you-breached” scenario. In a recent Texas case, an owner and contractor both alleged the other party breached the contract first, thus excusing their own further performance. The owner, who was also the general contractor,… Continue reading Owner’s Material Breach may Excuse Contractor from Obligation to Perform
OSHA to Initiate ADR Pilot Project under Whistleblower Program
David Erickson and Mark Anstoetter – October 19, 2012 The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has announced the launch of an alternative dispute resolution (ADR) pilot project for complaints filed with the agency’s Whistleblower Protection Program. OSHA will implement the pilot project in its Chicago and San Francisco regional offices, which together… Continue reading OSHA to Initiate ADR Pilot Project under Whistleblower Program
Designation of Non-Parties at Fault in Construction Defect Cases is not as Straightforward as it First Seems
Jonathan M. Allen – September 14, 2012 In Colorado construction defect cases, defendants often designate non-parties at fault under a Colorado statute that allows for the fact-finder to apportion fault between parties and non-parties. See C.R.S. § 13-21-111.5(3). Issues frequently arise involving whether builders owe non-delegable duties of care, thus rendering designation of non-parties at… Continue reading Designation of Non-Parties at Fault in Construction Defect Cases is not as Straightforward as it First Seems
Continued Uncertainty in Federal Regulation of Storm Water from Construction Sites
Wendy Manley – September 5, 2012 In the latest turn of the ongoing saga of storm water regulation, the U.S. EPA has withdrawn its proposed rule that would have revised the enforceable numeric effluent limits for runoff from construction sites. The numeric limits were established for turbidity in effluent limitation guidelines (“ELG”) adopted by EPA… Continue reading Continued Uncertainty in Federal Regulation of Storm Water from Construction Sites
Emergency Plans are Important Year-Round
George Keys – September 14, 2012 More than halfway through hurricane season, communities in Florida and along the Gulf Coast are still picking up the pieces after Hurricane Isaac. As devastating as a tropical system like Isaac can be, today’s storm-tracking advances at least enable residents to see the storm and its potential track days… Continue reading Emergency Plans are Important Year-Round