Legal News

Lean construction aims to minimize waste of materials, time and effort and increase the productivity and effectiveness of construction work. ConsensusDocs ("CD"), a coalition of some 40 prominent A/E/C industry organizations, recently published its Design-Build Lean Addendum (CD 431) tailored to incorporate Lean practices in the design-build project delivery method......By: Snell & Wilmer

In HUMC Holdco, LLC et al v. MPT of Hoboken TRS, LLC et al, the Delaware Court of Chancery examined numerous complexities attendant to an alleged violation of a right of first refusal in an LLC Agreement in connection with a motion for judgment on the pleadings.  Among other things, Hoboken HUMC sued Hoboken MPT for breach of the right of first refusal in Hoboken Opco’s LLC Agreement....By: Stinson - Corporate & Securities Law Blog

On May 1, Texas began Phase I of its economic reopening, permitting certain businesses to begin operating again. Many states have since followed. As state governors look to continue to reopen with additional safety precautions in place, several (including California, Kansas, Texas, Ohio and Delaware) have implemented rules that require the use of face coverings in public places when social distancing is not an option, which includes work places....By: Pillsbury - Gravel2Gavel Construction & Real

The offshore wind sector continues to grow at an unprecedented rate, particularly in Europe, and increasingly in Asia and North America. The construction phase of any project is vulnerable to delay. That is particularly the case when construction is taking place in a challenging offshore environment. How, in legal terms, are delays addressed? Who takes the risk of delay?...By: White & Case LLP

The Main Street Lending Program, intended to provide credit support to small and medium sized businesses, became operational on July 6, 2020.It includes many borrower-favorable economic terms, including a 5-year term, a low interest rate (capped at LIBOR + 3%), an interest payment deferral of 1 year and a principal payment deferral of 2 years, and a generally borrower-friendly amortization schedule. However, the Main Street Lending Program possesses certain characteristics that could negatively....

In Somerset Fine Home Building, Inc. v. Simplex Industries, Inc., the Appellate Division of the Second Department in New York upheld a dismissal based on the plaintiff’s breach of the parties’ forum selection clause. Somerset Fine Home Building entered into a sales contract with a modular home supplier for the purchase of a home. The sales contract included a forum selection clause specifying Pennsylvania as the location for any lawsuit or arbitration......By: Bradley Arant Boult Cummings LLP

We recently wrote about the impacts of mergers and acquisitions (M&A) on pending bids in Bloomberg Law and our GovCon & Trade Blog. A key point discussed in both articles is that a bidding company’s buyer may not have standing to protest if the buyer is not the complete successor-in-interest to the bidding company. The U.S. Court of Federal Claims recently affirmed this principle in a decision it handed down in the case of Centerline Logistics Corp. v. United States issued in May 2020......By: ...

Florida Gov. Ron DeSantis issued Executive Order 20-166 on July 7, 2020, extending the declaration of a state of emergency to contain the spread of the novel coronavirus disease (COVID-19). The extension of the declaration of a state of emergency concerning a natural emergency provides additional time for developers and other permit holders to toll…...By: Holland & Knight LLP

In our recent analysis on The Legal Marketplace in a Post-COVID World, we predicted a significant uptick in law firm merger activity once the immediate medical crisis was brought under control.  For larger firms, this will be driven by a “significant new focus on talent, scale, depth and redundancy… particularly among firms focused on multinational/jurisdictional…...By: LawVision

Delay and disruption claims are always a risk in the best conditions on a construction site. Never more so than during the global pandemic brought about by COVID-19. Since President Trump declared the COVID-19 pandemic a national emergency on March 12, 2020, most contractors, subcontractors and owners have reviewed the force majeure, change in law, suspension, change order, delay notice, and other applicable clauses in their contracts to understand what the parties’ rights, remedies and...By: S...