Duane Morris – Page 3 – Duane Morris Construction Law

November 30, 2020January 7, 2021 by Duane Morris

Follow The Money

Cash flow is the lifeblood of the construction industry. This phrase, coined by Lord Denning MR, and cited relentlessly in the construction industry still holds true. In times of recession, following the cash and preserving the funds that are in dispute is crucial. There is no point in spending time and money pursuing a dispute to fight over a pot of cash that is at real risk of being dissipated.

To read the full text of this post by Duane Morris attorneys Vijay Bange and Tanya Chadha, please visit the Duane Morris London Blog.

October 23, 2020 by Duane Morris

How We Won a $7.9 Million Arbitration Award: Construction Litigator Talks Shop

A real estate investor in an independent living facility in Texas has won a $7.9 million arbitration award against a construction company that delivered a project 179 days late.

The case should serve as a warning bell for integrated developer-owner-contractor companies that set up a “special purpose entity” for their development projects, said Benton Wheatley, partner in Duane Morris in Austin, who represented plaintiff Montgomery Street Partners.

To read the full text of this article, originally published in Texas Lawyer, please visit the firm website.

July 27, 2020January 7, 2021 by Duane Morris

Failure to Participate in Final Arbitration Hearing Because of Inability to Find QC

Adjudicators and Arbitrators are occasionally faced with a situation where one of the parties refuses to engage in the process. In such circumstances tribunals are left in a difficult position to ensure fairness and have regard to due process, whilst also giving careful consideration as to whether it is just and appropriate to continue the process. Ultimately, however, the reluctance of one party to engage should not deprive the other of their legal and contractual rights.

To read the full text of this blog post by Vijay Bange, please visit the Duane Morris London Blog.

July 2, 2020 by Duane Morris

Seventh Circuit Court of Appeals Holds Literal Interpretation of ‘Within 90 Days’ Under the Miller Act

An appeals decision by the Seventh Circuit underscores the importance of strict adherence to the requirements of the Miller Act. A&C Construction & Installation, Co. WLL v. Zurich American Insurance Company and The Insurance Company of the State of Pennsylvania, decided June 30, 2020, concerns a Miller Act claim on a payment bond by a subcontractor on a federal construction project.

To read the full text of this Duane Morris Alert, please visit the firm website.

July 2, 2020 by Duane Morris

Invest More and Invest Quickly: The Prime Minister’s New Deal

As Vijay Bange commented in his blog post on Tuesday, Boris Johnson has announced £5bn of new funding for building and infrastructure projects in the UK.

This sounds like a lot of money, but in real terms it is not anything like enough to restart the economy in the manner suggested by the Government. In the heady days before COVID-19, Chancellor Rishi Sunak announced new investment into infrastructure in the UK totaling £600bn between now and 2025. By comparison, £5bn is nothing like what is required to “level up” the economy in the way promised by the Chancellor. In his Dudley address, the Prime Minister confirmed that the £5bn promised was an accelerated release of those funds promised by the Chancellor, but it remains to be seen whether that £600bn will ultimately be released.

To read the full text of this post by Duane Morris partner Steve Nichol, please visit the Duane Morris London Blog.

June 30, 2020 by Duane Morris

Boris Johnson Announces Plans to Rebuild Britain

As the government eases the lockdown provisions around the country, the Prime Minister today made a speech in Dudley, the historical heart of the industrial revolution, setting out his £5 billion economic recovery plan for the country. This is the government’s plan to build our way out of the recession caused by the pandemic, and has been compared to the New Deal proposed during the Great Depression by US President Franklin D Roosevelt.

To read the full text of this post by Duane Morris partner Vijay Bange, please visit the Duane Morris London Blog.

June 30, 2020June 30, 2020 by Duane Morris

Climate Change – A Wind of Change for Construction?

On Friday 28th February there was an incredibly well supported and organised Youth Strike for climate change protest in Bristol, at which Greta Thunberg addressed the masses. Thousands were there in support. There were safety concerns given the number of children attending this protest. There were clearly some mixed views given the disruption caused to locals, with anger at the damage to the college green in front of the Anglican Cathedral grounds.

What resonated with me was a local man’s comments during an interview for national news. He said that “it won’t change anything”. However, we then had the decision of the Court of Appeal in favour of climate campaigners that has sent a real wakeup call. The Court ruled that the transport secretary at the relevant time, who made the decision for the new third runway at Heathrow Airport, should have taken into account the latest government commitments on climate change before granting permission for the proposed expansion at Heathrow.

To read the full text of this article by Duane Morris partner Vijay Bange, please visit the firm website.

May 15, 2020June 11, 2020 by Duane Morris

New York’s Construction Master Guidance Requires COVID-19 Precautions for All Projects

Governor Andrew Cuomo has released interim guidance regarding construction in New York state. These guidelines apply to both nonessential construction businesses in regions that are permitted to reopen and essential construction businesses throughout the state that were previously permitted to remain open.

To read the full text of this Duane Morris Alert, please visit the firm website.

May 12, 2020June 11, 2020 by Duane Morris

New York Forward Plan Reopens Construction in Phase One

On May 15, 2020, Governor Andrew Cuomo’s Executive Orders 202.6 and 202.8, which stopped all nonessential work in New York, will expire. New York will then shift to “New York Forward,” the state’s plan to reopen nonessential businesses and return people to work, without triggering renewed spread of COVID-19 or overwhelming the healthcare system.

To read the full text of this Duane Morris Alert, please visit the firm website.

May 12, 2020 by Duane Morris

Considerations of UK Construction Remobilisation, Part 2

Last week we discussed, in light of the encouragement from Robert Jenrick MP (Secretary of State for Housing, Communities and Local Government) for the construction industry to remobilise, the government’s apparent reluctance to provide confidence and clarity for the construction industry in respect of the safe operation of sites.

In the Prime Minister’s address to the nation on 10 May 2020, he re-stated that encouragement for the construction industry, where possible, to return to work.

To read the full text of this post by Duane Morris attorneys Steve Nichol and Matthew Friedlander, please visit the Duane Morris London Blog.