Saudi Prince’s Megacity Shows Signs of Life
September 03, 2019 —
Vivian Nereim & Donna Abu-Nasr - BloombergThe walls are covered with graffiti in the sleepy fishing village of Khurayba. There are supplications to God, advertisements for vacation rentals and house painters. Near the local school, there’s a scribbled plea: “Open the windows of hope and drive out the despair.”
It’s here in northwest Saudi Arabia that Crown Prince Mohammed bin Salman wants investors to put their money to realize his $500 billion vision for the region. Called “Neom,” it promises to be the most freewheeling part of the kingdom, with state-of-the-art resorts and smart technologies run by robots.
But it’s also here where the risks to the 33-year-old prince’s grand plan for his country are writ large. Neom is the boldest pillar of a social and economic transformation that so far has seen at least as many delays as successes. Indeed, the question since the prince announced the vast development at an extravaganza in 2017 has been whether it can become a reality.
Read the court decisionRead the full story...Reprinted courtesy of
Vivian Nereim & Donna Abu-Nasr, Bloomberg
Caterpillar Said to Be Focus of Senate Overseas Tax Probe
March 26, 2014 —
Richard Rubin and Jesse Drucker - BloombergA U.S. Senate investigative panel is examining Caterpillar Inc. (CAT) and whether the company improperly avoided U.S. taxes by moving profits outside the country, said three people familiar with the inquiry.
The Senate’s Permanent Subcommittee on Investigations will hold a hearing in early April, said two of the people. They spoke on condition of anonymity before an official announcement.
Rachel Potts, a spokeswoman for Caterpillar, declined to comment. Two staff members for the subcommittee declined to comment.
In 2009, Daniel Schlicksup, an employee who had worked on tax strategy, alleged in a lawsuit in federal court that Caterpillar used a “Swiss structure” to shift profits to offshore companies and avoid more than $2 billion in U.S. taxes. He also alleged that Caterpillar used a “Bermuda structure” involving shell companies to return profits to the U.S. without paying required taxes.
Mr. Rubin may be contacted at rrubin12@bloomberg.net; Mr. Drucker may be contacted at jdrucker4@bloomberg.net
Read the court decisionRead the full story...Reprinted courtesy of
Richard Rubin and Jesse Drucker, Bloomberg
Is Arbitration Final and Binding?
July 02, 2018 —
Jeanne M. Harrison - Smith CurrieParties involved in a dispute may face a choice between arbitration and litigation. Previous articles in this series have discussed various factors that can influence that choice. One generally perceived advantage of arbitration is finality. But how final and binding is an arbitration award? The answer is governed primarily by the Federal Arbitration Act.
The Federal Arbitration Act
The Federal Arbitration Act (FAA) is a statute enacted in 1925 which provides the basic legal principles applicable to arbitration in the United States. At its core is the following principle—arbitration agreements involving interstate or foreign commerce (which includes virtually all construction contracts in the United States) must be considered:
- Valid
- Irrevocable; and
- Enforceable, except on legal or equitable grounds for the revocation of a contract.
Read the court decisionRead the full story...Reprinted courtesy of
Jeanne M. Harrison, Smith CurrieMs. Harrison may be contacted at
jmharrison@smithcurrie.com
Colorado House Bill 1279 Stalls over 120-day Unit Owner Election Period
April 20, 2017 —
Luke Mecklenburg - Snell & Wilmer Real Estate Litigation BlogWith the session more than halfway through, the Colorado Legislature’s 2017 attempts at meaningful construction defect reform may fail again. This year, the Legislature did not attempt a single-bill construction defect overhaul like those that have failed over the last half-decade. Rather, it has sought to enact reforms on a piecemeal basis, with several smaller bills addressing specific issues that have been affecting condominium construction along Colorado’s booming Front Range.
This new approach appears to be headed towards much the same outcome as the failed efforts of the past. House Bill 1169 would have given developers a statutory right to repair before being sued by homeowners, and Senate Bill 156 would mandate arbitration or mediation. Both have been assigned to the House State, Veterans, and Military Affairs Committee (often viewed as the “bill-kill committee”), and have little chance of being resuscitated this session.
This was also the fate of House Bill 1279, but bipartisan support had many believing that it still had a chance of passing—at least until last week. House Bill 1279 would require an executive board of a homeowners association to satisfy several prerequisites before suing a developer or builder, namely to (1) notify all unit owners and the developer or builder against whom the lawsuit is being considered; (2) call an association meeting where the builder or developer could present relevant facts and arguments; and (3) get approval from the majority of the unit owners after providing detailed disclosures about the lawsuit, including the potential costs and benefits thereof.
Read the court decisionRead the full story...Reprinted courtesy of
Luke Mecklenburg, Snell & WilmerMr. Mecklenburg may be contacted at
lmecklenburg@swlaw.com
Another Smart Home Innovation: Remote HVAC Diagnostics
June 17, 2015 —
Beverley BevenFlorez-CDJ STAFFBuilder magazine reported that “smart home technology manufacturer Nexia Home Intelligence now offers monitoring of a home’s HVAC system even when owners are away. If an issue arises, it can be fixed quickly, sometimes without a service call, the company says.”
The service is available “with Trane and American Standard Wi-Fi-enabled thermostats” and requires a free Nexia account. System alerts are automatically transmitted to the dealer.
Read the court decisionRead the full story...Reprinted courtesy of
Florida Supreme Court Adopts Federal Summary Judgment Standard, Substantially Conforming Florida’s Rule 1.510 to Federal Rule 56
June 07, 2021 —
Lewis BrisboisEffective May 1, 2021, the Florida courts will transition to a new summary judgment standard meant to “align Florida’s summary judgment standard with that of the federal courts and of the supermajority of states that have already adopted the federal summary judgment standard.” In re Amends. to Fla. Rule of Civ. Pro. 1.510, 309 So. 3d 192, 192 (Fla. 2020). Consistent with this amendment, Florida Rule of Civil Procedure 1.510 has been amended to adopt the federal summary judgment rule, with exceptions for timing-related issues. The Florida Supreme Court’s most recent opinion on rule 1.510 and the text of new rule 1.510 can be found here.
As background, on December 31, 2020, the Florida Supreme Court adopted the federal summary judgment standard by amending Florida Rule of Civil Procedure 1.510(c) to include the following sentence: “The summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard articulated in Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1976); and Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) [(the ‘Celotex trilogy’)].” In re Amends. to Fla. Rule of Civ. Pro. 1.510, 309 So. 3d at 196. The court’s amendment was slated to take effect on May 1, 2021, subject to a public comment period. The court also sought guidance from the Florida Bar’s Civil Procedure Rules Committee. After careful consideration of numerous responses, the court ultimately chose to adopt the substance of the text from federal rule 56. Along with its amendments, the court provides substantial guidance as to how the Florida courts and practitioners should interpret the new rule. A summary of the court’s thorough discussion follows.
Read the court decisionRead the full story...Reprinted courtesy of
Lewis Brisbois
Las Vegas Sphere Lawsuits Roll On in Nevada Courtrooms
October 02, 2023 —
Richard Korman - Engineering News-RecordBig concerts have yet to start at Las Vegas’ distinctive new ball-shaped entertainment venue, but the legal noise over its construction has been heard in Clark County courtrooms for more than two years.
Reprinted courtesy of
Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com
Read the full story... Read the court decisionRead the full story...Reprinted courtesy of
Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies
March 06, 2022 —
Nathan A. Cazier & Scott S. Thomas - Payne & FearsThe construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general liability (“CGL”) policies. A small minority of states take a much stingier view. In a newly decided case, a Pennsylvania federal court confirmed that Pennsylvania belongs to this small group of states that regard construction claims as not worthy of liability insurance coverage. Main St. Am. Assurance Co. v. Howard Lynch Plastering, Inc., No. CV 21-3977, 2022 WL 445768, (E.D. Pa. Feb. 14, 2022).
Main St. involves a typical construction defect case: W.B. Homes (“W.B.”) developed a residential community, contracting with various trades to build the homes. W.B. required these subcontractors to obtain liability insurance covering their work and, when homeowners sued W.B. for damages due to allegedly faulty work, W.B. tendered the claim to these insurers. One of them, Main Street Assurance Co. (“Main Street”) then sued W.B. for declaratory relief, arguing that under Pennsylvania law, it had no duty to defend W.B.
Reprinted courtesy of
Nathan A. Cazier, Payne & Fears and
Scott S. Thomas, Payne & Fears
Mr. Cazier may be contacted at nac@paynefears.com
Mr. Thomas may be contacted at sst@paynefears.com
Read the court decisionRead the full story...Reprinted courtesy of