Real Estate & Construction

RSS Link

CONTRACT TERMINATION | An unpredictable case teaches hard lessons to each party involved Court decisions are “opinions.” There are majority and dissenting (disagreeing) opinions. Consistency in opinions across different courts, judges and cases promotes certainty and efficiency. Although courts may strive for consistency as they apply the facts of each case to the applicable laws, […]
The post Roads & Bridges | Contract Termination appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Contract Termination

GOOD FAITH AND FAIR DEALING | How Do You Prove a Party Has Failed to Act Based Upon an Ulterior Motive? The duty of good faith and fair dealing comes with every contract. A breach of which is challenging to prove because it is relatively simple to fulfill. In 2017, a contractor agreed to mill […]
The post Roads & Bridges | Good Faith and Fair Dealing appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Good Faith and Fair Dealing

NOT ANOTHER NOTICE STORY| This Defensive Argument Seems to be on the Rise AS I CONSIDERED the subject matter for this column, I found yet another example of courts strictly enforcing notice requirements. If you regularly read this column, you have seen similar scenarios and may wonder, “Why am I reading yet another story about […]
The post Roads & Bridges | Not Another Notice Story appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Not Another Notice Story

By: Ben Reeves

The National Association of Realtors (NAR) has been the subject of several recent lawsuits alleging anticompetitive conduct. In a nutshell, the allegations are that agents restrict the flow of information regarding homes for sale, and leverage that informational asymmetry to inflate agent commissions. After a nearly $2 billion judgement was entered against NAR (and others) in Missouri, things are certainly going to change in the industry. Here’s an article that explores the history of these issues: Realtors Partied, Spent Big and Lobbied Hard. Then It All Came Crashing Down.
Continue Reading Fundamental Shift Coming in Real Estate Agent Compensation

Announcement of the new rule has triggered multiple legal challenges that could delay its enforcement.

Going forward, employers are prohibited from entering into new non-competes, even for executives, and must notify workers bound by existing agreements that the non-compete provisions will not be enforced. The FTC is of the opinion that this rule will alleviate burdens on workers and foster a more dynamic and competitive labor market.

The rule includes a few exceptions, such as existing agreements with senior executives and non-competes that exist as part of the sale of a business. 

Legal Challenges.

The FTC announcement triggered immediate legal…
Continue Reading FTC: Non-compete agreements are no longer enforceable

ALL ACCORDING TO PLAN | Exact Measurements Go a Long Way In December 2013, a contractor agreed to replace four bridges for the Vermont Agency of Transportation (VTrans). Three bridges were completed on time. The fourth bridge involved the construction of a single-span steel girder bridge over the White River in Rochester, Vt. One abutment […]
The post Roads & Bridges | All According to Plan appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | All According to Plan

Lang Thal King & Hanson ranked #8 in the categories of construction litigation and commercial litigation in Ranking Arizona in 2024. Thank you for your support!

Vote for Lang Thal King & Hanson in Ranking Arizona 2025 for Construction Litigation

Vote for Lang Thal King & Hanson in Ranking Arizona 2025 for Commercial Litigation

…
Continue Reading Lang Thal King & Hanson Make the Top 10 in Two Categories in Ranking Arizona 2024

CONNECTING THE DOTS | Showing Causation in Contracting Cases is Critical In this asphalt case, the prime contractor agreed to perform a $13 million road project for the South Dakota Department of Transportation on U.S. Highway 83 in Lyman and Stanley Counties in South Dakota (near the State Capitol of Pierre). The prime subcontracted with […]
The post Roads & Bridges | Connecting the Dots appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Connecting the Dots

LIQUIDATED DAMAGES | Penalties and What is Unenforceable Liquidated damages typically flow from delays, but they are not always solidly enforced. In June 2017, a contractor agreed to construct a new park and elementary school for a city. The project included demolition of an existing park. The city did not want the neighborhood to go […]
The post Roads & Bridges | Liquidated Damages appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads & Bridges | Liquidated Damages

https-irp-cdn-website-com-76bd1e9f-dms3rep-multi-clark-jason-2024-200x276-webp

We are pleased to announce that

Jason Clark

has been elected as a partner at Lang Thal King & Hanson PC.

A Super Lawyers “Rising Stars” and

Best Lawyers®

“Ones to Watch” honoree who joined our firm in 2015, Jason offers national law firm experience and an extensive track record of successful outcomes for his clients in all aspects of construction disputes and

Registrar of Contractors proceedings

. 

Jason’s recent construction law experience includes matters involving:

He also represents…
Continue Reading Jason Clark Elected as a Partner

WARRANTY PROVISIONS | Contracts must be interpreted thoroughly to avoid absurd results You are responsible for things within your control. Be careful if assuming responsibility without control. On a public works contract for a public owner in Washington, the contractor constructed and installed a pipeline to convey overflow wastewater toward a diversion structure and storage […]
The post Roads& Bridges | Warranty Provisions appeared first on Heavy Construction Law Blog | Jonathan Straw.
Continue Reading Roads& Bridges | Warranty Provisions

The expanded “economic realities” test increases the government’s presumption that a worker is an employee entitled to overtime and minimum wage protection.

The new rule expands, from three factors to six, the government’s “economic realities” test, which seeks to determine whether independent contractors are truly in business for themselves or are actually employees who should be afforded full wage-and-hour and other FLSA protections.

The economic realities factors are non-exhaustive – i.e., a Wage and Hour Division auditor is free to consider additional factors – and, in contrast to the old rule, no single factor is more important than any other.
Continue Reading New independent contractor rule aims at paying more workers as employees