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Does your construction company use temporary workers?

Wed, 01 May 2013 08:49:12 GMT

OSHA has issued a new memorandum regarding the use of temporary workers.

Private Judges: An Alternative Version of Alternative Dispute Resolution

Thu, 04 Apr 2013 08:00:35 GMT

Some states have enacted legislation to allow parties to present their civil cases to a private judge to resolve disputes that would normally be heard in a traditional court. In some instances, the parties are able to select the private judge by agreement and in others, the private judge is assigned by the court. In either instance, the parties can benefit from this system but must be mindful of the problems that may arise with private judges. The article will outline some of the existing private judge statutes and some of the benefits and concerns associated with private judges.

Changes in Alabama’s Retainage Laws

Fri, 08 Mar 2013 12:30:16 GMT

The Alabama Code was recently amended in a number of important ways affecting the retainage that may be withheld on private construction projects in Alabama. In light of these changes, a review of the current laws governing retainage on public and private projects in Alabama may prove helpful to owners and contractors with projects in Alabama.

The Differences between “Pay if Paid” and “Pay When Paid” Clauses in Construction Contracts

Tue, 15 Jan 2013 10:59:26 GMT

If you are a prime or sub-contractor, you have likely heard of pay if paid and pay when paid clauses in construction subcontracts, and may have even seen these terms in a contract to which you are a party. Nevertheless, you may not fully understand what these terms mean, how they differ from each other, and how they each affect your rights and potential liability. While both of these terms affect a prime contractor’s obligations to subcontractors when it is not paid by the owner, their practical effects differ in important ways.

Do you need to know the immigration status of that worker?

Wed, 26 Dec 2012 15:38:55 GMT

Contractors cannot always bury their head in the sand when it comes to worker documentation.

What is the Price of this Construction Contract?

Mon, 19 Nov 2012 14:56:11 GMT

I had a conversation about a price term used in construction contracts that I thought the person I was talking with should have known. When I reflected on that conversation, I realized that it has taken me some time to understand the terms used in construction contracts and that others may like to see a review of certain contract terms. This article will address pricing terms and provide some benefits and concerns about each.

Can Cheap Natural Gas Save the U.S. Construction Industry?

Wed, 05 Sep 2012 13:19:05 GMT

Construction spurred by the possibility of exporting cheap natural gas from the U.S. should give design professionals, contractors, suppliers, and manufacturers a needed lifeline if they position themselves now to take advantage of the impending opportunity.

Is there a Duty to Defend for Breach of Contract?

Wed, 15 Aug 2012 11:04:12 GMT

As we recently addressed, the United States Court of Appeals for the 5th Circuit ruled that a contractual liability exclusion in a commercial general liability insurance policy negated an insurance company's duty to defend a contractor where the contractor was sued for failing to perform its work according to the terms of a contract with the owner.

Interest and Attorney's Fees Added to Alabama's Public Works Act

Thu, 19 Jul 2012 14:29:06 GMT

In May 2012, Alabama revised sections of its construction Public Works Act to incorporate prompt payment provisions including interest and attorney's fees.

Defending and Indemnification are Separate Duties

Thu, 28 Jun 2012 10:12:30 GMT

Sometimes insurance companies try to blur the line between the duties to defend and indemnify its insured under a commercial general liability insurance policy. However, these separate duties must continue to be analyzed separately.

Tap the Stimulus Piggy Bank for Energy Efficient Upgrades

Thu, 14 Jun 2012 07:39:29 GMT

There is still stimulus money available. We are putting on a presentation in our Birmingham, Alabama office about an opportunity to gain access to money and potential projects because of the stimulus program.

Learning from Past Mistakes on Infrastructure Projects

Mon, 04 Jun 2012 09:35:25 GMT

When we read news reports of failures in newly-constructed massive infrastructure projects endangering lives, we generally assume we are reading about shoddy work performed by Chinese construction companies in China or abroad. Recent headlines are a stark reminder, however, that U.S. construction companies working on large U.S. infrastructure projects may also be capable of cutting corners and endangering safety and structural integrity. U.S. construction companies must learn from the past failures of U.S. and Chinese construction companies working on large infrastructure projects if they are to maintain their position of global leadership in large construction projects.

China is Not the Answer to Construction Recovery

Tue, 01 May 2012 09:42:24 GMT

When something is stamped, "Made in China" no one believes that is a mark of quality. Considering China's notorious construction history, we would have to pause if we saw that same stamp on a construction project. If Chinese construction causes us to pause, then why, at a time when the U.S. infrastructure is aging and our construction industry is struggling to find opportunities and recover, are significant projects being awarded to foreign construction companies, particularly those from China?

The Future of Green Skyscrapers

Wed, 18 Apr 2012 09:08:49 GMT

Even in the U.S.A., bigger is not always better. The U.S.A. should demonstrate its global leadership in the construction and development fields by letting other nations waste money chasing the trophy of the "world's tallest building," and instead focusing on constructing better and greener office buildings that serve as models for the world and that bring real economic benefits for developers and owners.

Contractual Protection from Third Party Green Building Certification

Thu, 29 Mar 2012 08:48:55 GMT

Construction industry participants should consider modifying their contracts to include language incorporating sustainable building practices, but removing language requiring formal certification by a third-party ratings body.

What Consolidation in the Aggregates Industry Means for Your Bottom Line

Thu, 22 Mar 2012 10:04:53 GMT

What would happen to your construction company’s bottom line if the cost of the material you use most in your building projects increased dramatically? This is a question your company should be prepared to answer in light of an attempted multi-billion dollar takeover in the U.S. aggregates industry that would combine the nation's largest two aggregates producers and which could dramatically alter the supply and price of aggregates throughout the United States.

Challenging Legal Mandates for Green Building

Wed, 07 Mar 2012 14:31:53 GMT

What would you do if you were denied a certificate of occupancy because a private company decided your building was not “green” enough? While this may seem far-fetched, it is a question you may have to answer if you work in one of the numerous municipalities that have adopted the U.S. Green Building Council’s “LEED” rating system for sustainable “green” construction as part of their building codes.

Construction Work through Green Zoning

Wed, 29 Feb 2012 10:29:28 GMT

Local government and owners can help the construction industry get back to work through changes to zoning ordinances to allow for green development or green remodeling.

Are you really a licensed commercial general contractor in Alabama?

Tue, 21 Feb 2012 10:58:29 GMT

The Alabama Code (the "Code") and the Alabama State Licensing Board for General Contractors (the "Board") are the two authorities that give contractors the right to work on commercial projects in Alabama. However, in some circumstances, a contractor that holds a valid license may not actually be licensed to perform the work for which it contracted. This could void the contract and the contractor could go unpaid. These licensing restrictions also may apply where a contractor wants to perform work as a subcontractor. The contractor better have the license for the limited work in intends to perform as a subcontractor or again the contract could be void.

Rebuilding America’s Infrastructure with Soda Bottles

Fri, 10 Feb 2012 09:05:28 GMT

Over recent years the use of special composites of recycled plastic as a building material in the U.S. and abroad have increased dramatically, and this may be just the beginning.

Is Green Construction right for me?

Wed, 08 Feb 2012 12:33:17 GMT

Green construction is not something that should scare construction industry participants. Particularly the people doing the work in the field. As the downturn in the economy has limited the number of new construction projects, industry participants should look to green construction, specifically green retrofit construction, for opportunities.

Alabama Judge: Immigration Law’s Provision Barring the Enforcement of Contracts by Illegal Immigrants Violates Alabama’s Constitution

Tue, 31 Jan 2012 16:53:15 GMT

In an order that could have implications regarding Alabama's law barring unlicensed contractors from enforcing contractual rights, an Alabama state court judge recently entered an order indicating that a section of Alabama’s new immigration law prohibiting the courts of Alabama from recognizing or enforcing contracts entered into with “an alien unlawfully present in the United States” is unenforceable because it violates Alabama’s Constitution.

Costs and Benefits of Low-Cost Chinese Reconstruction of American Infrastructure

Wed, 25 Jan 2012 16:24:13 GMT

Governments throughout the U.S. are awarding massive infrastructure contracts to Chinese construction companies instead of to their more expensive American competitors. Two of the largest projects that have been awarded to Chinese construction companies in the past few years include the renovation of the Alexander Hamilton Bridge in New York City and the rebuilding of the Bay Bridge connecting San Francisco and Oakland. The resulting effect on the U.S. construction industry and broader economy remains to be seen.

We have it Good in America!

Wed, 18 Jan 2012 16:25:00 GMT

The news is full of chatter about how the United States is falling behind the world; emerging economies are surpassing the United States; and the United States loosing its position in the world. That is all bull. We can flush toilets and have access to water. These two apparently simple services, most people take for granted, may not exist in the areas of the world that are allegedly moving to usurp the United States.

The Federal Courts' Treatment of Alabama's Immigration Law

Wed, 11 Jan 2012 16:48:02 GMT

Federal courts have temporarily halted enforcement of numerous sections of Alabama's controversial new immigration law.

It’s Official: Anyone Can be Green.

Wed, 04 Jan 2012 16:21:40 GMT

The Empire State Building, the most iconic skyscraper in America, became the tallest building to receive LEED Gold certification for existing buildings by the U.S. Green Building Council. The 2.85 million square foot office tower and tourist attraction celebrating its 80th birthday engaged in a more than two-year overhaul costing a total of $500 million dollars, including $100 million dollars to achieve the certification. A study determined that the significant investment was actually low for the number of square feet in the building.