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Appeals Construction Project

Brownstein Hyatt Farber Schreck

AB 130 Withdraws Coastal Commission Appeal Jurisdiction for Certain Housing Projects

This is the eighth update in our series covering AB 130 and SB 131, two bills that work substantive changes to the California Environmental Quality Act (CEQA) and California housing law....more

Marshall Dennehey

Court Affirms Labor Law § 240(1) Liability Despite Lack of Witnesses and Plaintiff’s Potential Comparative Negligence

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Mederos v. 147 Amsterdam (2025 NY Slip OP 01895 (237 AD3d 410) - The plaintiff was injured when he fell off a scaffold. However, there were no witnesses who saw him fall. Other workers heard a sound and then found the...more

Nossaman LLP

Project Planning and Acquisition Negotiations Do Not Trigger Inverse Condemnation Liability

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Planning and constructing public infrastructure projects takes significant time – sometimes many years. Property owners and businesses who may be impacted are left in a state of limbo, not knowing for sure whether the project...more

Hinckley Allen

Massachusetts Appeals Court Curbs Zoning Board Discretion in Special Permit Denial

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The various approvals, permits, orders of conditions, and the like that may be required to proceed with work on a given project can seem daunting at times.  And when a project’s proposed use is not automatically authorized...more

Phelps Dunbar

You Can Pay Me Now, or…

Phelps Dunbar on

The Utah Court of Appeals delivered a significant ruling – including its length, approximately 12,500 words – underscoring the critical importance of adhering to contract provisions, particularly regarding payment terms in...more

Gordon Rees Scully Mansukhani

Construction Law Update – Second Quarter 2025

GRSM’s Construction Group is pleased to publish the latest issue of our Construction Law Update, a quarterly take on trends of interest to design professionals, contractors, and developers throughout the country....more

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

Stormwater Runoff/Residential Development: Arkansas Court of Appeals Addresses Jurisdictional Issue

The Court of Appeals of Arkansas (“Court”) addressed in a May 14th Opinion a jurisdictional dispute involving alleged residential development stormwater runoff issues. See Centofante, et al. v. Ferguson, 2025 WL 1386368. ...more

Pierce Atwood LLP

More good news for housing production: Mass. Appeals Court rules legislative permit extensions stack on top of equitable tolling

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Last week, in an important decision for land-use and development lawyers, the Massachusetts Appeals Court ruled in Palmer Renewable Energy, LLC v. Zoning Bd. of Appeals of Springfield that permit extensions granted by the...more

Hanson Bridgett

Taking Responsibility: Who’s At Fault? Lorenzo Court Says Everyone

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A recent court ruling raises questions and concerns over the scope of liability owners and contractors may face when a subcontractor's employee is involved in an off-site accident during the course of construction. ...more

Carlton Fields

Eighth Circuit Finds No Coverage Under “Ensuing Loss” Provision Under Arkansas Law

Carlton Fields on

“Ensuing loss” provisions have long been the subject of nuanced arguments in insurance litigation. The provisions, which sometimes afford coverage for a “covered loss” stemming from an expressly excluded peril, serve as...more

McGuireWoods LLP

Court of Appeals Confirms Vested Rights Doctrine in Virginia

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On April 8, 2025, for the first time since its jurisdiction was expanded, the Court of Appeals of Virginia addressed in detail the doctrine of vested rights in the context of a zoning dispute in Board of Supervisors of Prince...more

Stark & Stark

Navigating Historical Preservation Laws: A Guide for New Jersey Businesses

Stark & Stark on

In a state with as rich a history as New Jersey, new business projects can quickly be sidetracked or delayed by rules meant to encourage historical preservation. New businesses must plan for potential delays when developing...more

Conn Maciel Carey LLP

Key OSHRC Rulings Explained: Secretary of Labor v. Trinity Solar LLC

Conn Maciel Carey LLP on

Welcome to “Key OSHRC Rulings Explained,” a new series in Conn Maciel Carey LLP’s OSHA Defense Report blog, designed to explore significant case summaries of Occupational Safety and Health Review Commission (OSHRC) decisions....more

Allen Matkins

California Court Clarifies CEQA Tribal Consultation Duties in First Published AB 52 Decision

Allen Matkins on

On March 14, 2025, the California Court of Appeal for the First District issued the first published opinion interpreting Assembly Bill 52 (AB 52), the law governing tribal consultation procedures under the California...more

Mayer Brown

Brasília em Pauta – Edição Nº 192

Mayer Brown on

PAUTAS: STF – CONTROLE CONCENTRADO E REPERCUSSÃO GERAL | STJ – REPETITIVOS | TCU – PLENÁRIO | CÂMARA DOS DEPUTADOS | SENADO FEDERAL - Prezados e prezadas, O “Brasília em Pauta” é um boletim semanal preparado pela...more

White and Williams LLP

Construction Projects and Subrogation: Timing is Everything

White and Williams LLP on

In American Fam. Ins. Co. v. NB Elec., Inc., No. A24-0377, 2025 Minn. App. LEXIS 12, the Court of Appeals of Minnesota (Court of Appeals) considered whether an insurer’s subrogation action was time barred under Minnesota’s...more

Pillsbury Winthrop Shaw Pittman LLP

How Broad Is Too Broad? Supreme Court Considers Scope of NEPA

The U.S. Supreme Court is poised to address a circuit split over whether an agency doing an environmental review under the National Environmental Policy Act (NEPA) must consider effects beyond its regulatory jurisdiction,...more

Bradley Arant Boult Cummings LLP

Get the F*** Off My Site! Court Upholds Verbal Contract Termination

An Idaho court has confirmed an arbitration award for a general contractor who left a project and did not return after being told by the owner to “get the f*** off my site.” The case involves the construction of five...more

Perkins Coie

Petitioners’ Election to Prepare Record Does Not Preclude Recovery of Record Preparation Costs by Prevailing Public Agency

Perkins Coie on

The Third District Court of Appeal held that it was proper to award respondents costs for the preparation of CEQA administrative record documents as the prevailing party, even though petitioners had elected to prepare the...more

Bradley Arant Boult Cummings LLP

ASBCA Deems Late-Asserted Jurisdictional Defense Forfeited

In Appeal of – JE Dunn Construction Co., the Armed Services Board of Contract Appeals considered and denied the government’s post-hearing motion to dismiss JE Dunn’s complaint for failure to submit sums certain for each of...more

Bradley Arant Boult Cummings LLP

Substantial Performance v. Material Breach

All breaches are not created equal. A minor, technical breach may be deemed “immaterial.” Other breaches – so-called “material” breaches — deprive the non-breaching party of something important or essential to the purpose of...more

Bradley Arant Boult Cummings LLP

11th Circuit Confirms International Arbitration Award in Guatemalan Hydropower Project Dispute

Last week, the 11th Circuit Court of Appeals confirmed an international arbitration award in a case involving a failed hydroelectric project in Guatemala. The project involved an Engineering, Procurement, and Construction...more

Smith Debnam Narron Drake Saintsing & Myers,...

Court of Appeals Confirms Partial Lien Waivers Do Not Waive Lien Rights

In a recent decision, the North Carolina Court of Appeals held that a general contractor’s execution of partial lien waivers did not prejudice a supplier’s lien rights on the construction project. The case is Atlantech...more

Spilman Thomas & Battle, PLLC

CASPA Clash: Major Victory for Contractor in Pipeline Project Dispute as Third Circuit upholds CASPA Penalties and Fees

In a significant decision on April 17, 2024, the U.S. Court of Appeals for the Third Circuit upheld significant penalties and attorney fees awarded to C.J. Hughes Construction Company, Inc. under the Pennsylvania Contractor...more

Goulston & Storrs PC

Developers Beware: Difficult Multi-Step Process for Obtaining and Cashing In On Appeal Bonds

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Porter v. Bd. of Appeal of Bos., No. 22-P-974, 2024 WL 187241 (Mass. App. Ct. Jan. 18, 2024). The case of Porter v. Bd. of Appeal of Boston is the latest case that involves an eternal question posed by developers: how...more

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