Construction

  • February 02, 2024

    Clean Energy Can Revive Fossil Fuel Sites, But Risks Abound

    Building clean energy projects on the sites of shuttered or aging coal- and gas-fired power plants is a multibillion-dollar opportunity to accelerate the U.S. energy transition, but there are steep legal and practical hurdles to clear. Here's a rundown of what developers must grapple with if they want to build green on fossil fuel sites.

  • February 02, 2024

    Mich. Prevailing Wage Policy Gets Appellate Court's Backing

    A Michigan agency did not overstep its authority when it required that workers on certain state-funded construction projects be paid a prevailing wage, an appellate court panel has ruled, finding the Legislature's repeal of the Prevailing Wage Act did not remove the agency's ability to impose certain terms on state contracts.

  • February 02, 2024

    Ga. Appeals Court Scraps Bond Order In Auto Plant Fight

    A group of Georgia residents hoping to block the construction of a $5 billion Rivian electric car plant shouldn't have been required to post a six-figure bond to continue with their litigation, a state Court of Appeals panel ruled Friday, overturning a county trial court's ruling.

  • February 02, 2024

    Latham Led Firms In January IPOs As New Listings Pick Up

    Latham & Watkins LLP assumed work on more initial public offerings than any other law firm in January, steering five IPOs for companies and underwriters during a month that saw a rise in new listings that could portend additional momentum beyond February.

  • February 02, 2024

    Insurer Needn't Cover Contractor In Construction Injury Suit

    Evanston Insurance Co. has no duty to defend or indemnify a contractor in an underlying suit filed by a worker who was injured when he fell off a ladder at a construction site, a Washington federal court ruled Friday, saying the policy's residential construction exclusion applies.

  • February 02, 2024

    Green Group Blasts Berkshire Unit's Bid To Flush Water Suit

    An environmentalist group urged a North Carolina federal court to keep alive its Clean Water Act complaint against a Berkshire Hathaway Inc. unit, arguing that it's packed with specifics about how pollution from a development has sullied nearby waterways.

  • February 02, 2024

    Clyde & Co. Hires Ex-Lewis Brisbois Team In Chicago

    Law firm Clyde & Co. LLP announced Thursday that it had hired nine Chicago-based insurance law and general liability attorneys from Lewis Brisbois Bisgaard & Smith LLP, including that firm's former managing partner in the city.

  • February 02, 2024

    Mich. Electric Co. Can't Put Upgrade Delay Cost On Customers

    An electric company cannot pass the extra costs of construction delays during a power plant upgrade onto customers, an appellate panel said Thursday, affirming a Michigan regulator's decision that the utility must eat the loss.

  • February 02, 2024

    US Steel Owes Wages For Off-Clock Duties, Worker Says

    U.S. Steel has not been paying its workers at a Pittsburgh-area plant for the time they spend preparing for and wrapping up their shifts, shorting them on wages, a mechanic has alleged in a complaint filed in Pennsylvania state court.

  • February 02, 2024

    Ohio Demolition Co. Hit With Post-Default Discovery Fines

    An Ohio building demolition and sewer services contractor has to pay daily fines for failing to respond to information requests from multiple union benefit funds' trustees in a case the company and its owner have already lost by default after they were found in contempt of federal court.

  • February 02, 2024

    Md. Bill Seeks Property Tax Credits For Residential Projects

    Maryland would allow local governments to grant property tax credits for certain hotel and residential developments with the requirement that larger developments include affordable housing under legislation introduced in the state House of Delegates.

  • February 02, 2024

    Calif. Drywall Co. Again Short On Wages And OT, Court Told

    A California drywall company continues to underpay its workers and to prevent them from recording their overtime despite having faced several U.S. Department of Labor investigations on those issues, the state's attorney general has said in state court.

  • February 01, 2024

    EPA Floats New PFAS Rules For Hazardous Waste

    The U.S. Environmental Protection Agency on Thursday proposed two rules that would clear the way for extensive new regulation of per- and polyfluoroalkyl substances.

  • February 01, 2024

    Ariz. Tribes Push To Halt Work On SunZia Line

    Two tribes and conservation groups are urging an Arizona federal judge to pause construction on a 550-mile power transmission line approved by the U.S. Department of the Interior before the work damages historic and cultural resources they claim the government failed to properly assess and safeguard.

  • February 01, 2024

    Alaska Tribes Seek Canada Recognition To Consult On Mines

    A group of tribal governments in southeast Alaska is asking Canadian regulators to acknowledge its historic presence along the boundary-crossing Unuk River, in order to protect the watershed from open-pit gold and silver mining Skeena Resources Ltd. is proposing in British Columbia.

  • February 01, 2024

    NC Woman Wants Town Forced Off Land After 10 Years

    A North Carolina homeowner has said the North Carolina Supreme Court needs to stop the town of Apex from violating her constitutional rights by taking over her property because it was ordered to do so.

  • February 01, 2024

    Enbridge Unit Denied Land Transfer For Texas Pipeline

    A Texas federal judge on Thursday rejected as premature an Enbridge Inc. unit's immediate land transfer request to conduct environmental surveys for a federally approved 137-mile-long natural gas pipeline project, following the company's unsuccessful attempts to contact the landowners.

  • February 01, 2024

    Mexico Can't Confirm US Labor Claims At Fujikura Auto Plant

    Investigators from Mexico's Ministry of Labor and Ministry of Economy said Wednesday they can't verify U.S.-backed claims of labor rights violations and discrimination against former union organizers at an automotive plant in Piedras Negras, Coahuila.

  • February 01, 2024

    $50M Tire Supply Demand Could Fall Flat, Conn. Judge Says

    A Hartford federal judge on Thursday said he was unconvinced that he could interpret an Iowa company's preferred supplier agreement in a way that would generate a nearly $50 million judgment against a longtime buyer, and asked for further briefing to justify the company's position.

  • February 01, 2024

    Ex-Trump Org. CFO Faces Possible Perjury Charge, Mulls Plea

    Donald Trump's longtime top financial officer Allen Weisselberg is in plea negotiations related to potential perjury charges stemming from his testimony in the New York attorney general's civil fraud trial, according to a source familiar with the matter.

  • February 01, 2024

    Real Estate Rumors: Fortinet, Kayne Anderson, Northwind

    Fortinet has reportedly bought a Santa Clara campus for $192 million, Kayne Anderson is believed to be associated with the buyer of a $55.8 million apartment complex near Ohio State University and Northwind Group is said to be the lender behind a $70 million mortgage for a property in Jersey City.

  • February 01, 2024

    9th Circ. Told RICO Claim Can't Stick To Enviro Complaint

    Developer Relevant Group has shot back at eight interest groups who told the Ninth Circuit in a combined brief that it should allow a property owner to challenge projects using California environmental law, in a case from the developer arguing the complaints over its work amount to extortion.

  • January 31, 2024

    Security Co. Prez Downplays AG Probes In Toll Bros. Lawsuit

    The president of a Connecticut-based home security company quibbled Wednesday with a Toll Brothers Inc. subsidiary's attempt to use government enforcement actions to bolster a $2.7 million prejudgment remedy bid in a contract feud, at one point correcting his opponent on the fine one state collected by some $4 million.

  • January 31, 2024

    GM Execs Hid Driverless Tech And Airbag Concerns, Suit Says

    GM executives and directors have been hit with a shareholder derivative suit alleging they placed the company in legal jeopardy and harmed its share price by downplaying safety concerns about its Cruise autonomous vehicle technology and making misrepresentations about airbag safety.

  • January 31, 2024

    Final Immigration Fee Hikes Seen As 'Tax' On Employers

    U.S. Citizenship and Immigration Services' final fee schedule imposing fee hikes for employment-based visas and a $600 fee to fund the asylum system is drawing ire from attorneys who say it amounts to a tax on talent-strapped employers.

Expert Analysis

  • Series

    ESG Around The World: South Korea

    Author Photo

    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

  • General Counsel Need Data Literacy To Keep Up With AI

    Author Photo

    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • A Look At Successful Bid Protests In FY 2023

    Author Photo

    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

  • A Bird's Eye View Of NYC's New Parapet Inspection Law

    Author Photo

    Building owners in New York City should be ready for the city's new parapet inspection requirements going into effect in January, which will likely necessitate additional construction work for countless buildings not previously subject to formal inspections, says Benjamin Fox Tracy at Braverman Greenspun.

  • Navigating Discovery Of Generative AI Information

    Author Photo

    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

    Author Photo

    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • AI Use May Trigger False Claims Act's Public Disclosure Bar

    Author Photo

    The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.

  • Unpacking GAO's FY 2023 Bid Protest Report

    Author Photo

    The U.S. Government Accountability Office's recent bid protest report reflects an increase in sustained protests, illustrating that disappointed offerors may see little reason to refrain from seeking corrective action — but there is more to the story, say Aron Beezley and Patrick Quigley at Bradley Arant.

  • Key Shifts In EU, UK Emissions Credits: Challenges For Cos.

    Author Photo

    An upcoming deadline to apply for free carbon dioxide emissions allowances in the European Union, and a reduction in the supply of similar allowances in the U.K., are likely to increase competition for allowances, and cause production, supply chain and contract issues for companies, say attorneys at Orrick.

  • 5th Circ. Ruling May Beget Fraud Jury Instruction Appeals

    Author Photo

    The Fifth Circuit’s recent U.S. v. Greenlaw decision, disapproving disjunctive fraudulent-intent jury instructions, will likely spawn appeals in mail, wire and securities fraud cases, but defendants must show that their deception furthered ends other than taking the victim's property, says Charles Fowler at McKool Smith.

  • Breaking Down Insurers' Improper Recoupment Efforts

    Author Photo

    In a recent trend, insurance companies have sought to recoup defense costs from their policyholders, but there are four counterarguments that policyholders can deploy to fend off these concerning recoupment efforts, say William Passannante and Nicholas Bradley at Anderson Kill.

  • House Bill Could Help Resolve 'Waters Of US' Questions

    Author Photo

    Legislation recently introduced in the U.S. House that would restore Clean Water Act protection to areas excluded from it by the U.S. Supreme Court's Sackett v. EPA decision faces an uphill battle, but could help settle the endless debates over the definition of "waters of the United States," says Richard Leland at Akerman.

  • California's Offshore Turbine Plans Face Stiff Headwinds

    Author Photo

    To realize its innovative plans for floating offshore wind farms, California will face numerous challenges as companies investing in the industry will be looking for permitting transparency, predictable timelines, and meaningful coordination between jurisdictions, agencies, and stakeholders, say David Smith and David McGrath at Manatt.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

    Author Photo

    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Series

    ESG Around The World: The UK

    Author Photo

    Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Construction archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!