News & Analysis as of

Construction Industry Mitigation

J.S. Held

Using Labor Productivity Analysis to Improve Budget Accuracy and Identify Inefficiencies in Emergency Mitigation Services

J.S. Held on

In any process where labor is a significant cost driver, understanding productivity is essential. Labor productivity analysis isn’t just a management buzzword; it’s a practical tool that helps emergency mitigation experts...more

Bracewell LLP

Important Terms for Price Escalation Clauses to Mitigate the Inflationary Effect of Tariffs on Construction Materials

Bracewell LLP on

The prospect of 25 percent tariffs being imposed on all steel and aluminum imports by the newly elected Trump administration, together with the 10 percent increase on tariffs already levied on Chinese imports, has created...more

J.S. Held

Five Common Mistakes in T&M Mitigation Invoicing & Strategies to Avoid Them

J.S. Held on

In the property restoration industry, time and materials (T&M) mitigation invoicing can be complex and, if not handled carefully, fraught with errors. Claims professionals often find themselves reviewing invoices that are...more

A&O Shearman

Breach it and weep: deemed fulfilment ain’t fictional

A&O Shearman on

The Court of Appeal has held that a party who prevents a condition precedent to their obligation to pay from being met cannot rely on the unfulfilled condition to escape their liability in debt....more

White & Case LLP

Constructing the low-carbon economy

White & Case LLP on

With an unprecedented momentum for the construction of new major projects linked to the shift away from fossil fuels and the development of a low-carbon economy, there is a real focus on construction law issues relevant to...more

Perkins Coie

Compensatory Mitigation Infeasible for Loss of Historic Building

Perkins Coie on

The Court of Appeal upheld the City’s determination that compensatory mitigation for the loss of a historic building in the form of funding of other historic preservation was not feasible because there were no other buildings...more

Perkins Coie

Traffic Mitigation Fee Did Not Violate the Unconstitutional Conditions Doctrine Under Nolan and Dolan

Perkins Coie on

A traffic mitigation fee required for construction of a single-family home did not amount to an “unconstitutional condition” in violation of the takings clause of the Fifth Amendment, and the County complied with the...more

Perkins Coie

School District May Assess Fees Based on General Type of Development and Need Not Consider Subtypes

Perkins Coie on

A school district may impose reasonable school impact fees based on the general type of development, regardless of whether the specific subtype of development will or will not generate new students. AMCAL Chico, LLC v. Chico...more

Latham & Watkins LLP

California Supreme Court Clarifies Standard of Review for EIRs and Requirements for Air Quality Impact Analyses

Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an...more

Jackson Walker

The Texas Tree Mitigation Fee Credit Bill is Resurrected from the Dead

Jackson Walker on

Many developers must remove existing trees in order to build new homes or buildings. Some cities have required developers to pay fees, known as tree mitigation fees, as a condition for permitting the removal of the trees....more

Miller Starr Regalia

Slam Dunked! First District Rejects All CEQA And Land Use Challenges To Golden State Warriors Event Center Project And EIR In...

Miller Starr Regalia on

In a lengthy published opinion filed November 29, 2016, the First District Court of Appeal rejected all legal challenges to the City of San Francisco’s Final Supplemental Environmental Impact Report (FSEIR) and related land...more

Cohen Seglias Pallas Greenhall & Furman PC

State Budget Problems Threatening Public Construction Projects: 5 Key Points to Remember

Over the past year, many states experienced budget crises that threaten public works spending and, in some cases, caused entire project shut downs. In Pennsylvania, a stalemate over the budget for Fiscal Year 2016-2017 lasted...more

Perkins Coie

FWS Proposes Revisions to Development Mitigation Policy

Perkins Coie on

The U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources. See Proposed Revisions to the U.S....more

Miller Starr Regalia

Fourth District Addresses CEQA Baseline Issues In Partially Published Opinion Upholding EIR For Carlsbad Shopping Mall Renovation

Miller Starr Regalia on

In an opinion filed September 10, and later ordered partially published on October 9, 2015, the Court of Appeal affirmed the substance of a judgment upholding an EIR for a regional shopping center renovation project in...more

Greenberg Glusker LLP

CEQA Lead Agencies Do Not Waive Defense that CEQA Did Not Apply Despite Proceeding under CEQA

Greenberg Glusker LLP on

Recently, the court in Rominger v. County of Colusa found that a lead agency which approved a mitigated negative declaration for a project, can take the seemingly inconsistent position that the proposed project was not a...more

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