News & Analysis as of

Good Faith Construction Industry

A&O Shearman

All aboard the Good Faith Express, but mind the causation gap

A&O Shearman on

In Matière v ABM, the court found that there was an express obligation of good faith in a number of contracts concerning a joint venture for a subcontracting role in the construction of the HS2 railway. However, it concluded...more

BCLP

JCT 2024 Contracts - Good Faith in Practice

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Not everyone will be familiar with the 1994 Latham Report that advocated the use of good faith, but the government’s Construction Playbook and the equivalent private sector Trust and Productivity report are more recent...more

Porter Hedges LLP

Understanding the Texas Prompt Payment Act

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The construction industry is a cornerstone of Texas’s robust economy, and timely payments are critical for maintaining the health of this sector. To ensure that contractors, subcontractors, and suppliers are paid promptly for...more

BCLP

NEC and JCT: Good Faith Compared

BCLP on

Considering "good faith" clauses and comparing NEC's mutual trust and co-operation provision with JCT 2024's collaborative working provisions, first published in PLC. Originally published in PLC Construction - June 5,...more

Snell & Wilmer

Texas Amends Prompt Pay Acts to Address “Excessive Change Orders”

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U.S. Supreme Court Justice Louis Brandeis famously referred to states as the “laboratories of democracy.” The Texas legislative process is an unusual laboratory compared to most states. The Texas Legislature only meets once...more

Fisher Phillips

What Construction Employers Need to Know About the EEOC’s New Focus on Discrimination in the Industry

Fisher Phillips on

Construction employers should be mindful of the federal government’s renewed focus on combatting discrimination and harassment in the industry. A recent report from the Equal Employment Opportunity Commission (EEOC)...more

Stoel Rives -  Ahead of Schedule

Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable...more

Foley & Lardner LLP

Construction Project Executives Beware: The Massachusetts Prompt Pay Act Means Business

Foley & Lardner LLP on

If you are an executive involved in a Massachusetts construction project, the routine pay applications you exchange in the ordinary course must now receive your utmost attention — as any failure to reject a pay application in...more

Woods Rogers

Virginia’s New Construction Payment Terms (Part 2)

Woods Rogers on

This article is a continuation of Monday’s article, and we will be discussing in detail the new payment terms for all construction contracts in Virginia....more

Hahn Loeser & Parks LLP

How to Comply With Vaccine-or-Test Requirements when Compliance May be Beyond Your Control

With OSHA’s Emergency Temporary Standard (ETS) hanging in the balance of a special January 7, 2022, U.S. Supreme Court session, your organization should nonetheless prepare to comply with a Vaccine-or-Test COVID-19 policy. As...more

Snell & Wilmer

Under Construction - March 2017

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Letter from the Editor - Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company. An issue that seems to commonly come up in cost-plus...more

Polsinelli

ADA Compliance: Landlords, You're On the Hook

Polsinelli on

The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Indiana Employment Law Update: 5 Changes to Laws You Should Know

A number of significant changes to Indiana employment law took effect on July 1, 2015. These changes affected employer’s obligations in areas such as hiring, wages, discrimination, and termination. If employers have not...more

Baker Donelson

A little good news: OSHA Grants Some Reprieve For Compliance with Its New Construction Industry Confined Space Rules

Baker Donelson on

On May 4, 2015, OSHA issued a final rule setting new standards for workers in confined spaces on construction sites. The new rule requires coordination for multiple employers at the worksite, a competent person to evaluate...more

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