Legal News

Congress recently passed the economic stimulus package referred to as the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act1”) and the Paycheck Protection Program and Health Care Enhancement Act (“PPPHCE Act”) (together, the CARES...By: Schwabe, Williamson & Wyatt PC

On April 24, 2020, Governor Inslee announced a plan to allow current construction projects to be completed based upon the recommendations of construction workers, contractors, health and safety experts, and local government officials. Significantly,...By: Schwabe, Williamson & Wyatt PC

Risk allocation between parties is a key consideration in the negotiation of merger and acquisition (M&A) agreements. These contractual provisions are garnering even more attention as deal challenges continue to arise from business disruptions caused...By: White and Williams LLP

In Hensel Phelps Constr. Co. v. Superior Court, 257 Cal. Rptr. 3d 746 (Cal. Ct. App. 2020), the Court of Appeals of California, Fourth Appellate District, addressed whether a party’s contractual definition of the phrase “substantial completion”...By: White and Williams LLP

The Ohio Supreme Court declined to adopt a bright-line rule regarding whether Ohio’s “all sums” allocation rulings apply to property damage occurring over multiple policy periods under policies that use the phrase “those sums.” The court found this...By: White and Williams LLP

The United States District Court of Oregon (“Court”) addressed in an April 14th Opinion an action alleging violation of rights stemming from construction of a solar energy array. See Kristine Yates v. U.S. Envtl. Prot. Agency, 2020 WL 1867384 (D. Or....By: Mitchell, Williams, Selig, Gates & Woodyard,

Congress recently passed the economic stimulus package referred to as the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). The CARES Act is important to certain real estate and construction businesses because it offers necessary...By: Schwabe, Williamson & Wyatt PC

In Liberty Mutual Fire Ins. Co. v. Fowlkes Plumbing., L.L.C., No. 2019-FC-10285-SCT, 2020 Miss. LEXIS 44, the Supreme Court of Mississippi considered whether the subrogation waiver in the General Conditions of the Construction Contract, American...By: White and Williams LLP

As discussed in a prior blog post, in Gindel v. Centex Homes, 2018 Fla.App. LEXIS 13019, Florida’s Fourth District Court of Appeal held that when the plaintiffs provided a pre-suit notice in compliance with §558.004 of Florida’s construction defect...By: White and Williams LLP

Just as no human being is naturally immune to the COVID-19 virus, no industry is immune to its economic effects—and related M&A activity across all industries proves no exception. In the weeks following the issuance of stay-at-home orders in states...By: White and Williams LLP