The Supreme Court has accepted a petition for a writ of certiorari filed by the District Council of 50 Intern Union of Painters and Allied Trades, asking that the Supreme Court overturn a decision issued by the Intermediate Court of Appeals upholding an agency finding that a general contractor who is automatically granted a specialty
New South Carolina Decision Declares Unconstitutional And Partially Invalidates Legislation Crafted to Correct South Carolina’s Version of Hawaii’s “Group Builders” Decision
We have previously discussed Hawaii's Group Builders decision; one that has had major implications in the construction industry because of its decreed limitations on the scope of coverage afforded by a standard commercial general liability insurance policy, and holding that construction defects are not "occurrences" under same and therefore not covered by insurance.
This matter
Federal Funding of Portion of Rail Project Approved
KHON reports the feds have approved funding of 1.55 billion dollars of funding for the rail project, monies previously held up by pending litigation and an uncertain political election. With the president, senate, and mayor seats all still held by rail proponents, Senator Inouye's office announced a major step along the way to funding of the job:
"This is an important
Tennessee case on AIA Notice of Claim Provisions
Just read a new case that addressed an AIA provisionn that is often litigated: notice of claim provisions. The case is Rcr Bldg. Corp. v. Pinnacle Hospitality, 2012 Tenn. App. LEXIS 787 and the text is available here https://www.lexis.com/research/retrieve?_m=ff96c8490a81e58211c2aa7eacda17bf&csvc=le&cform=byCitation&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLzVzk-zSkAb&_md5=09fecd23fe6d25ce38cd94a57ecc8cd3 (subscription required).
Standard AIA general conditions require that parties provide notice of claims (defined as
New Texas Case Enforces No Damages for Delay Clause and Reverses $23 Million Award to Contractor, Imposes $10.5 Million in Attorneys’ fees Against Contractor.
The Port of Houston Authority of Harris County, Texas v. Zachry Construction Corp. 377 S.W.3d 841 (Tex. App. 2012), involved a no damages for delay cause that was particularly strict. As a result of its contents, the Texas Court of Appeals reversed in its entirety a judgment in the amount of $23 million dollars, and awarded
DBEDT Report Reflects Growth, Improvements in Hawaii’s Construction Industry
DBET has issued its forecast adjusting upwards its calculations of growth in 2012 to 1.6%, with higher growth anticipated for 2013. The construction industry, after losing jobs for the last 4 years, grew 1.4% in the last quarter. "State capital improvement spending increased 32.9 percent during the first three quarters, while the permitted value of
Fiscal Costs of Solar Construction in Hawaii Threaten Burgeoning Industry
Current law allows homeowners and businesses in Hawaii to take 30% of the cost of solar installation off of their tax bill. This is in addition to a 30% federal tax bill. These incentives have led to fantastic growth in the solar industry here. Construction related to solar panel installations now accounts for 15% of
USDC Rail Decision Issued: No Injunction, Yet
The decision will be dissected shortly. For now, the Court granted summary judgment to Plaintiff in part, and to Defendant on its Cross-Motions on all others. The dispute is not over, however, because the Court invited briefing on injunctive relief.
ABA Forum on the Construction Industry: Fall Meeting in Boston
Am attending the Fall meeting for the ABA Forum on the Construction Industry — beautiful fall foliage in full bloom:
Rail Work Halted after Decision
The City has halted rail construction in the wake of the Hawaii Supreme Court decision on Friday, which ruled the City should have conducted an archaeological impact analysis of the entire route, instead of piecemeal as the rail line was put in place. The City and the archeological lawsuit's plaintiffs met today to iron out additional