1. SOUTHWEST REGION (Arkansas, Kansas, Louisiana, New Mexico, Oklahoma, Texas)
- Introduction
- Legislative Updates
- Arbitration
- Municipal Law
- Administrative Law
2. SOUTHEAST REGION (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, West Virginia)
- Introduction
- Statutes of Limitation and Repose
- Licensing Requirements
- Mechanic's Liens
- Contract Interpretation—Flow-Down Clause
- Contract Interpretation—Pay-When-Paid
- Damages—Indemnification for Lost Profits as Delay Damages
- Damages—Economic Loss Doctrine
- Indemnification
3. NORTHEAST REGION (Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont)
- Introduction
- Public Construction and Statutory Interpretation
- Prevailing Wage Law Does Not Apply to Engineering Services
- Public Commission Had No Authority to Require PLA
- Play by the Rules in Public Contracts
- State Liable for Misrepresentation on Scope of Work
- New York Labor Law Decisions
- Contract Interpretation and Enforcement
- Agreement to Share in Profits Also Applied to Losses
- No Damage for Delay
- Pay-if-Paid Clause and Application to Statute of Limitations
- Legal Standards
- Contractor Liability to Third Party for Dangerous Condition
- Whether Architect Owed Any Duty to Third Party
- Mechanic's Liens
- New Hampshire Contractor's Lien Had Priority Over Bond Trustee Mortgage
- Judge Was Not Empowered to Reduce Amount of Lien in Motion for Summary Action
- Insurance
- Do Waivers of Subrogation Extend to Post-Project Property Damage Claims?
- Whose GL Policy Is Primary—Subcontractor's or General Contractor's?
- Faulty Work Exclusion and the Ensuing Loss Exception
- Reinforcing Distinction Between Duty to Defend and Duty to Indemnify
- Connecticut Gives Clearer Meaning to the Term “Property Damage” as Used in Commercial General Liability Policies
- Insurance Policy Did Not Cover Preemptive Measures to Avoid a Larger, Covered loss
- Carrier May Be Liable for Legal Fees Incurred to Enforce Insured's Right to Defense
- Liquidated Damages—Two Different Views
- Arbitration
- Forum Selection Clause Does Not Preclude Arbitration
- Scope of Arbitration Clause Where Subcontract Rights Were Assigned
- Waiver of Arbitration by Refusing to Participate
- Statutes of Limitation and Repose
- Claims Based on General Contract Obligations “Sounded in Negligence” and Were Thus Barred by the Statute of Repose
- Nullum Tempus Does Not Toll the Statute of Repose
- New Legislation in Public School Building Projects
- Prompt Payment Act in Massachusetts and Pennsylvania
4. NORTHWEST REGION (Alaska, Idaho, Montana, Nebraska, North Dakota, Oregon, South Dakota, Washington, Wyoming)
- Alaska
- Idaho
- Montana
- Nebraska
- North Dakota
- Oregon
- South Dakota
- Washington
- Wyoming
5. WEST REGION (Arizona, California, Colorado, Hawai’i, Nevada, Utah)
- Introduction
- Contract Interpretation
- Constitutionality of Lease/Leaseback Arrangements in California
- Statutes Impacting Development
- Contractor Compliance and Licensing
- Insurance
- Miscellaneous
6. MIDWEST REGION (Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, Wisconsin)
- Introduction
- Illinois
- Indiana
- Iowa
- Michigan
- Minnesota
- Missouri
- Ohio
- Wisconsin
7. GOVERNMENT CONTRACTS
- Introduction
- Issues Arising Under the Contract Disputes Act
- Bid Protests
- False Claims Act
- Federal Regulations and Executive Orders
8. NEW DEVELOPMENTS IN SURETY LAW: PERFORMANCE, PAYMENT, AND INDEMNITY
- Introduction
- Performance Bonds
- Payment Bond Claims
- Indemnity
9. INTERNATIONAL DELAY ANALYSIS PROTOCOLS: DICHOTOMIES, SYNERGIES AND LEGAL CONSIDERATIONS
- Introduction
- The International Delay Protocols: SCL D&D2 and AACEI 29R-03
- Schedule Delay Analysis Protocols Commonalities
- SCL D&D2 and 29R-03: Differences and Complexities
- Conclusion: Using 29R-03 and SCL D&D2 Together
10. NAVIGATING BANKRUPTCY—ISSUES COMMONLY ARISING IN THE CONSTRUCTION INDUSTRY
- Introduction
- Bankruptcy Case Procedures
- Post-Petition Perfection of Mechanic's Liens
- Owner Bankruptcy
- General Contractor Bankruptcy
- Assumption of Executory Contracts
- Avoidance and Recovery of Preferential Transfers
11.ARBITRATION
- Introduction
- Updates its Construction Rules and Mediation Procedures for the First Time Since 2015
- The Eleventh Circuit Overturns Its Own Precedent: Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A.
- Texas District Court Restores an Original Arbitration Award After an Erroneous Modification: RSM Production Corp. v. Gaz du Cameroun, S.A.
- Split Texas Supreme Court Routes Arbitrability Question to Arbitrator: TotalEnergies E&P USA, Inc. v. MP Gulf of Mexico, LLC
- Connecticut Appellate Court Finds No Violation of Public Policy and Confirms Arbitration Award: Fraser Lane Associates, LLC v. Chip Fund 7, LLC
- Georgia Appellate Court Confirms Award Despite Arbitrator's Misconduct: Docs of CT, LLC v. Biotek Services, LLC
- Spanish Judgment Unenforceable Due Agreement to Arbitrate: The London Steam-Ship Owners’ Mutual Insurance Ass'n Ltd. v. The Kingdom of Spain
- Vacatur Based on Potential Arbitrator Bias: Grupo Unidos por el Canal, S.A. v. Autoridad Del Canal de Panama
- Request to Resolve a Circuit-Split: Occidental Exploration & Production Co. v. Andes Petroleum Ecuador Ltd.
- The Fight for Lima Continues: Metropolitan Municipality of Lima v. Rutas de Lima SAC
- Conclusion
12. CONSTRUCTION INSURANCE
- Introduction
- Developments in Builder's Risk Insurance Coverage
- Developments with Indemnification
- Developments in General Liability Insurance Coverage
