Jacob s. Wharton | Womble Carlyle Sandridge & Rice LLP | August 4, 2016 On Wednesday, July 27, 2016, the Environmental Protection Agency (“EPA”) released a prepublication version of its final rule on Formaldehyde Emission Standards for Composite Wood Products. The authority for the rule comes from the Toxic Substance Control Act (“TSCA”). The EPA’s… Continue reading EPA Issues Final Rule on Formaldehyde Emission Standards for Composite Wood Products
Month: August 2016
California Court Limits Recovery for General Contractors Relying on Subcontractor Bids
Marion T. Hack | Pepper Hamilton LLP | August 1, 2016 The court’s decision allows subcontractors to place unforgiving terms in their bids and gives them an ultimate out if general contractors do not agree to those terms. General contractors should pay attention to a recent decision from the California Court of Appeals regarding damages… Continue reading California Court Limits Recovery for General Contractors Relying on Subcontractor Bids
What’s in a Name?: Defining Arbitration Across the Circuits
Liz Kramer | Stinson Leonard Street LLP | August 3, 2016 What is “arbitration”? Although courts often use and apply the word, rarely do they stop to define it. While the FAA concerns agreements to “settle by arbitration a controversy,” the FAA does not define “arbitration,” leaving the question to the courts. Lacking definitive guidance… Continue reading What’s in a Name?: Defining Arbitration Across the Circuits
Contractor’s Failure to “Strictly Comply” With Notice Provision Precludes Contract Damages Award
Traub Lieberman Straus & Shrewsberry LLP | August 1, 2016 In the New York case of Schindler Elevator Corporation v. Tully Construction Co., Inc., 139 A.D.3d 930 (2d Dep’t 2016), the plaintiff sought recovery of additional expenses and costs it allegedly incurred as a result of delays in construction attributable to other entities at the… Continue reading Contractor’s Failure to “Strictly Comply” With Notice Provision Precludes Contract Damages Award
Preventing Limitation of Liability End-Runs
Ralph A. Finizio, Robert A. Gallagher and Jane Fox Lehman | Pepper Hamilton LLP | July 26, 2016 Owners who are dissatisfied with their contractors’ performance increasingly assert fraud-based claims in addition to breach of contract claims because fraud-based claims are not typically barred by contractual waivers and limits of liability. Fraud-based claims may also… Continue reading Preventing Limitation of Liability End-Runs