Published: July 21, 2017

In a July 10, 2017 decision, the Ninth Circuit held that when a contract requires arbitration under International Chamber of Commerce (ICC) procedural rules, the arbitrator should decide the arbitrability of a dispute that arises out of the same transaction with an impleaded third party.

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Published: July 11, 2017

​Pittsburgh Partner Joe Bucci has published five case summaries of recent construction cases addressing the following topics: home office overhead damages calculations, bid protests, payment bonds, and arbitration.

Full case summaries can be found at the constructionchannel.net, located here.

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Published: June 30, 2017

The United States Court of Appeals for the Seventh Circuit recently held that the State of Wisconsin does not have adequate standing to appeal a trial court order that vacated the U.S. Department of Transportation’s (USDOT) record of decision approving the expansion of a state highway to four lanes.

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Published: June 7, 2017

Although some of the most high-profile cyberattacks have involved consumer-facing industry sectors – such as health care, retail and technology companies – recent experience has shown that construction companies and project owners are also prime targets. A data breach at a construction or owner company could expose a trove of information, including bid or design information, information on industrial control systems and other critical infrastructure, financial information and employee information.

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Published: June 6, 2017

This update relates to one of the most fascinating and widely studied areas of the law—the intersection of state construction lien law and federal bankruptcy law. Okay, so maybe this is not the most interesting legal topic, but a recent decision in this area from the Court of Appeals for the Third Circuit has important implications for the respective construction lien rights and obligations of subcontractors and contractors in New Jersey.

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Published: May 31, 2017

Recent allegations of the sexual harassment of a female construction worker are the latest reminder of a perennial problem in the industry leading to frequent litigation.  According to new reports, a female ironworker was hired to work on a State Island construction project, bringing ten years of experience in the field to the job.  Vastly outnumbered by her male colleagues, the worker alleges that she was immediately subject to repeated and habitual sexual harassment.

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Published: April 25, 2017

A Pennsylvania appellate court recently reversed a trial court’s refusal to enforce an arbitration provision in the parties’ contract notwithstanding arguments that the agreement was illegible. Stanley and Carol Fellerman hired Historic Home Inspection to perform a home inspection prior to purchasing a new property. The Fellermans and Historic signed a contract that included an arbitration clause and limitation of liability provision. After a utility pole on the property fell and injured Mr. Fellerman, the Fellermans filed suit against several parties, including Historic.  

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Published: April 10, 2017

A recent Massachusetts Appeals Court decision affirmed a trial court’s award to a subcontractor for a loss of productivity claim despite the lack of a time extension request.  See Central Ceilings, Inc. v. Suffolk Construction Company, Inc., 15 -P- 1117 (March 29, 2017).  The contract between the Owner and the General Contractor (Suffolk Construction) provided for a significant bonus for on-time completion, but also significant liquidated damages if Suffolk did not complete the project as scheduled.

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