It is not often the FBI is brought in to investigate a construction dispute regarding design, delay, and cost overruns. However, this is exactly what has happened on the taxpayer-funded baseball stadium project in Hartford, Conn. for the Colorado Rockies’ Double-A team, the Hartford Yard Goats. (more…)
A United States district court in Alabama recently dismissed an owner’s claim for indemnity against a contractor based on Alabama’s statute of repose. The indemnity claim arose out of a 2014 accident on an escalator built in 1997. (more…)
Drone usage on construction projects is ready to take off. With recent enhancements in performance and capability, it will soon be hard to imagine a large construction project without drones playing some role. (more…)
A massive tax increase on contractors located and doing business in the City of Birmingham, Alabama, has been avoided, but recent amendments that go into effect January 1, 2016, still present significant increases and changes to the old business license tax. (more…)
A New Jersey court recently reversed a variance issued by a zoning board to a building designed to achieve LEED Gold certification. The owner of the planned office building sought and obtained site plan approval and a height variance from the zoning board. Among other things, the zoning board found that the landscaping plan “conserves natural resources and prevents degradation of the environment,” that the site plan fulfilled planning goals of reducing impervious coverage, and that achieving the LEED Gold standard for energy use, recycling and waste disposal “promotes the [land use law’s] purpose of promoting utilization of renewable energy resources.” (more…)
Effective January 1, 2016, Alabama will have a new non-compete and non-solicitation law. Non-compete and non-solicitation agreements are used throughout the construction industry, particularly with owners, salespeople, and upper management. (more…)
The U.S. Court of Appeals for the Eleventh Circuit has issued an important opinion that is good for contractors making claims on general liability policies, and not so good for the insurers issuing those policies. Specifically, the Eleventh Circuit reversed the District Court’s decision in favor of the insurer, and directed that judgment be entered in favor of the contractor establishing that the insurer was obligated to satisfy a $350,000 judgment entered against the contractor and in favor of the property owner in a separate lawsuit. (more…)
In the March issue of the Georgia Utility Contractors Association, Inc.‘s Underground Connection, Fielder Martin wrote about the need to level the playing field between a contractor’s lien rights and a lender’s security interest.