April 25, 2014 4:38 PM | Posted by Vincent Nelan | Permalink

On April 24, 2014, the United States Court of Appeals for the 11th Circuit issued an opinion affirming summary judgment denying a claim by the estate of a subcontractor's employee against a general contractor's commercial general liability ("CGL") policy. Stephens v. Mid-Continent Cas. Co., 2014 WL 1623737 (11th Cir. 2014).

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April 24, 2014 8:14 AM | Posted by Kevin Garrison | Permalink

The lack of LEED experience cost an incumbent service contractor the ability to protest the award of a federal contract to its rival, according to a recently released opinion from the United States Court of Federal Claims.

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April 15, 2014 12:06 PM | Posted by Stephen F. Chiccarelli | Permalink
Effective immediately Mississippi has a new construction lien law. read more
April 7, 2014 9:45 AM | Posted by Pudner, Stephen | Permalink
Force majeure clauses are a very important, but often overlooked, provision in all contracts, and are particularly important in construction and supply contracts.  Whether a force majeure clause is included in a contract, and the precise language of the clause, will determine the enforceability of the contract and the parties’ obligations thereunder if certain uncontrollable outside events—a “force majeure”—prevents performance.  Accordingly, contracting parties are well-advised to negotiate the terms of a force majeure clause to protect their interests and prevent excessive exposure to liability in the event of a force majeure. read more
March 14, 2014 3:42 PM | Posted by Wesley Redmond | Permalink

President Obama signed a Presidential Memorandum directing the Department of Labor to create new regulations making more workers eligible for overtime pay under the Fair Labor Standards Act's (FLSA) overtime requirements.

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March 10, 2014 8:58 AM | Posted by Frilot, Mark | Permalink
Bakner Donelson's Mark Frilot wrote about a recent Federal Circuit decision for Division 1 of the ABA Forum on the Construction Industry -- ADR, Dispute Avoidance, and Litigation. read more
January 28, 2014 10:42 AM | Posted by Nelan, Vinnie and Garrison, Kevin | Permalink
It has been widely reported that during his State of the Union address the President will announce a plan to issue an executive order requiring construction workers on federal projects be paid a minimum wage of at least $10.10 an hour. read more
January 23, 2014 9:20 AM | Posted by Garrison, Kevin | Permalink

The LEED rating system for green buildings made a brief cameo in a recent reported opinion arising out of a construction dispute in North Carolina.

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November 19, 2013 9:05 AM | Posted by Ivy, Harriet Thomas | Permalink

On Friday, November 8, 2013, the United States Circuit Court of Appeals for the Fifth Circuit, which comprises Texas, Louisiana, and Mississippi, affirmed a $3.2 million damages award for copyright infringement in favor of Kipp Flores Architects, L.L.C. against Hallmark Design Homes, L.P.  The jury’s award is based upon the alleged profits earned by Hallmark from sales of homes that the jury found infringe Kipp Flores’ copyrighted architectural drawings.

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October 17, 2013 10:01 AM | Posted by Frost, Cable | Permalink

On October 10, 2013, the Fifth Circuit Court of Appeals, citing lack of procedural safeguards, affirmed a district court's determination that Mississippi's "Stop Notice" statute is unconstitutional because it deprives contractors of their property without due process. This holding effectively abrogates "lien rights" for first-tier subcontractors. Absent a challenge to this decision or a significant re-work of Mississippi's stop-payment law, only contractors with a direct contractual relationship with an owner will have lien rights.

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