T. Kelly McKee | Framing Issues A recent case before the Fifth Circuit Court of Appeals1 determined that a “Project Completion Incentive” applying to employees on a construction project (the “Plan”) was not governed by the Employee Retirement Income Security Act of 1974 (“ERISA”).2 Former laborer Employees of the construction manager Employer filed a lawsuit in… Continue reading Certain Project Completion Incentives May Not be Covered Under ERISA
Month: April 2021
Dispute Resolution Provision in Subcontract that says Owner, Architect or Engineer’s Decision is Final
David Adelstein | Florida Construction Legal Updates In subcontracts, it is not uncommon to see a provision that says something to the effect: Should any dispute arise between the parties respecting the true construction or interpretation of the Plans, Specifications and/or the Contract Requirements, the decision of the Owner or the Owner’s designated representative as set… Continue reading Dispute Resolution Provision in Subcontract that says Owner, Architect or Engineer’s Decision is Final
Seven Trends That Impact Commercial Construction Litigation in 2021
Jeffrey Kozek and E. Mitchell Swann | Construction Executive 2021 stands to bring sizeable change to the commercial construction industry as trends that had been on the horizon meet the impact of the pandemic. That means it will be even more important for architects, engineers, contractors and owners to prioritize revisiting their project plans as… Continue reading Seven Trends That Impact Commercial Construction Litigation in 2021
California Court of Appeal Addresses Right to Repair Statute
Blake Robinson | Davis Wright Tremaine The California Court of Appeal recently issued a decision analyzing the application of the Right to Repair Act1 as applied to a company that provided an allegedly defective product in a residential construction project. In State Farm General Insurance Co. v. Oetiker, Inc., 58 Cal.App.5th 940 (2020), the court concluded that… Continue reading California Court of Appeal Addresses Right to Repair Statute
Ownership and Use of Architectural Plans and Drawings
Jane Tucker | Vandeventer Black Who has the right to use architectural plans and drawings prepared by an architect for a specific project? What happens if the project on which the architect was working and the architect both leave one firm and move to another firm? What happens if one architect is retained to prepare… Continue reading Ownership and Use of Architectural Plans and Drawings