U.S. Steel Invoking Carnegie’s Legacy in Revival Strategy
July 23, 2014 —
Sonja Elmquist – BloombergIn March 2013, Mario Longhi lobbed an unexpected question into a roomful of 150 U.S. Steel Corp. managers: Who here would buy the company’s stock, tomorrow?
He gave them three seconds, and “only a few reacted in that time frame positively,” Longhi said.
Since that meeting, Longhi has been promoted to chief executive officer, and nine months into his tenure he’s closed one plant permanently, two more are temporarily idled and he’s planning to overhaul another. It’s all part of his plan to transform the 144-year-old company into a lean, modern steel producer. Investors are taking note, with the shares up 53 percent since he took over.
Read the court decisionRead the full story...Reprinted courtesy of
Sonja Elmquist, BloombergMs. Elmquist may be contacted at
selmquist1@bloomberg.net
Maritime Law: An Albatross for Contractors Navigating Marine Construction
January 03, 2022 —
Cindy Matherne Muller - ConsensusDocs“Ah! Well a-day! When evil looks, Had I from old and young! Instead of the cross, the Albatross, About my neck was hung.” 1
Contractors and subcontractors performing construction over water may find themselves encountering maritime law for the first time. Like the ancient mariner’s encounter with an albatross in The Rime of the Ancient Mariner, a contractor may be able to use maritime law to safely guide it through rough seas, or, if not careful, a contractor may find itself with maritime law hung, like an albatross, around its neck. This article gives an overview of key maritime law issues to demystify this historical body of law and answers some basic questions.
What is admiralty jurisdiction?
The Constitution gives federal courts jurisdiction over all maritime cases. This jurisdiction gives litigants the opportunity to remove state court cases to federal court and to avoid a jury trial. The purpose of admiralty jurisdiction in federal court is to protect and ensure the uniform treatment of nationwide maritime commerce and extends to maritime contracts and accidents. Any contract which relates to the navigation, business, or commerce of the sea is a maritime contract. Even contracts with mixed obligations on land and sea can fall within admiralty jurisdiction – such as construction contracts with a waterborne component. Admiralty jurisdiction also extends to maritime accidents – those that occur on navigable waters and have a maritime nexus.
Read the court decisionRead the full story...Reprinted courtesy of
Cindy Matherne Muller, Jones Walker LLPMs. Muller may be contacted at
cmuller@joneswalker.com
Court of Appeals Discusses Implied Duty of Good Faith and Fair Dealing in Public Works Contracting
August 17, 2017 —
Lindsay K. Taft - Ahlers & Cressman PLLCThe implied duty of good faith and fair dealing is implied in every contract, including construction contracts. Generally speaking, this implied duty requires parties cooperate with one another so that they each obtain the full benefit of their contracted bargain. Recently, the Court of Appeals (Division II) in Nova Contracting, Inc. v. City of Olympia discussed this duty’s application to a public works contract.
Read the court decisionRead the full story...Reprinted courtesy of
Lindsay K. Taft, Ahlers & Cressman PLLCMs. Taft may be contacted at
ltaft@ac-lawyers.com
Reminder About the Upcoming Mechanic’s Lien Form Change
August 26, 2019 —
Christopher G. Hill - Construction Law MusingsAs July 1, 2019 approaches with its inevitable changes to the Virginia Code, I wanted to remind you once again that the statutory form for a Virginia mechanic’s lien will change as of that date.
HB2409 passed both houses of the General Assembly and has been signed by the Governor. This bill reconciled the language found in Virginia Code Sec. 43-4 with the various forms for general contractor, subcontractor and sub-subcontractor/supplier forms found in later sections of the code. As you will see if you download the .pdf of the bill as signed, this involved some tweaks to 43-4 and some updates to the mechanic’s lien forms that are in the code. The recent Desai case from the Virginia Supreme Court made it clear that such action was necessary.
Read the court decisionRead the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
What I Learned at My First NAWIC National Conference
September 25, 2023 —
Ivette Kincaid - Kahana FeldOn August 9-12, 2023, I attend my first National Association of Women in Construction (“NAWIC”) National Conference in beautiful Portland, Oregon. What is NAWIC, you ask? NAWIC originated as Women in Construction of Fort Worth, Texas and was founded in 1953 by sixteen women in the construction industry. Knowing that back then women only represented a fraction of the construction industry, the founders organized to create a support network for women to work in a male dominated field. The organization has grown by leaps and bounds and now consists of 115 chapters throughout the United States.
NAWIC’s core purpose is to “Strengthen and amplify the success of women in the construction industry.”
I joined this organization in December of 2022 at the suggestion of my law partner Jason Feld. Before Jason’s suggestion I had never heard of NAWIC. I joined the Orange County chapter and attended my first meeting in December and did not look back. In NAWIC I found a group of women kindred spirits in whom a found a commonality of interests, experiences, and goals. This is an organization that provides support, encouragement, education, and advocacy for women in all aspects of the construction industry. It also provides an outlet to share ideas, network and build relationships. I am happy to report that on September 12, 2023, I will be installed as one of the directors of the Orange County Chapter.
Read the court decisionRead the full story...Reprinted courtesy of
Ivette Kincaid, Kahana FeldMs. Kincaid may be contacted at
ikincaid@kahanafeld.com
Iowa Tornado Flattens Homes, Businesses and Wind Turbines
June 17, 2024 —
Annemarie Mannion - Engineering News-RecordBusiness owners and residents are picking up the pieces after a tornado tore through south-central Iowa May 21, devastating the town of Greenfield, about 60 miles southwest of Des Moines, by destroying homes and businesses, toppling MidAmerican Energy Co. wind turbines and damaging the Adair County Memorial Hospital.
Reprinted courtesy of
Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com
Read the full story... Read the court decisionRead the full story...Reprinted courtesy of
Zetlin & De Chiara Ranked in the Top Tier for Construction Law by Legal 500 USA
June 21, 2021 —
Zetlin & De Chiara LLPZetlin & De Chiara was named a Band 1 Construction Law firm in the United States by the
Legal 500 US in its annual guide.
Described as a "boutique construction law firm with a deep bench and understanding of how a construction project is built and how to address disputes when they happen," Zetlin & De Chiara is routinely involved in projects across the US and internationally. Legal 500 selected Michael Zetlin, Michael De Chiara and Michael Vardaro to the Leading Lawyers list.
Michael De Chiara was praised as an "expert in the field."
Michael Zetlin was lauded for his representation of national and multi-national construction companies as well as premier owners, developers and contractors. Other members of the "very pragmatic" team who were recognized were
Tara Mulrooney and
Jim Terry.
The Legal 500 US 2021 guide is a highly regarded legal directory which annually ranks law firms and legal professionals. It highlights legal teams who are providing the most cutting edge and innovative advice to corporate counsel. Rankings are based on feedback from clients worldwide, submissions from law firms and interviews with leading private practice lawyers.
About Zetlin & De Chiara:
Zetlin & De Chiara LLP provides sophisticated legal and business counsel and advice to members of the construction community across the country including real estate owners and developers, design professionals, construction managers and contractors, and financial institutions.
Read the court decisionRead the full story...Reprinted courtesy of
Zetlin & De Chiara LLP
Washington’s Court of Appeals Protects Contracting Parties’ Rights to Define the Terms of their Indemnity Agreements
March 19, 2024 —
Margarita Kutsin - Ahlers Cressman & Sleight PLLCIt has long been the law in Washington that contracting parties are free to draft contractual indemnity agreements to allocate risk arising from performance of the work, and Courts will generally enforce those agreements as written. This well-settled principle was recently reaffirmed in King County v. CPM Development Corp., dba ICON Materials[1] a decision from Division I of the Washington Court of Appeals, wherein one party to an indemnity agreement attempted to evade its contractual obligations by arguing that certain common law indemnity principles supersede the written terms. This appeal followed a multi-week jury trial from which the client and Ahlers Cressman and Sleight legal team, including Lindsay Watkins, Klien Hilliard, and Christina Granquist, obtained a seven-figure judgment in the client’s favor, including an award of all attorneys’ fees and costs.
ICON was the general contractor on a Vashon Island Highway Pavement project for King County. Part of the work on the project involved hauling away and disposing of ground milled asphalt (the “millings”) at King County-approved sites. ICON and D&R Excavating Inc., (“D&R”) executed a subcontract for D&R to perform that work. The subcontract incorporated the contract between ICON and King County, including the obligation to stockpile millings only at approved sites. D&R, however, did not obtain the requisite approvals from King County, and placed the millings at various sites on the Island, including locations that King County explicitly rejected.
Read the court decisionRead the full story...Reprinted courtesy of
Margarita Kutsin, Ahlers Cressman & Sleight PLLCMs. Kutsin may be contacted at
margarita.kutsin@acslawyers.com