Articles in Construction

Building a Better Construction Lawyer: Seeing a Project From the Owner’s Side

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We have all heard the old axiom: A lawyer who represents themself has a fool for a client. More truth than not in that statement, probably. But I recently learned an often unrepeated corollary: Being a client can make you a better lawyer. My career as a construction lawyer spans nearly 40 years.During that time, I have represented owners and Read More

NSW Government Bulletin – summer edition

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Welcome to the summer edition of NSW Government Bulletin - your essential holiday season reading! In this special edition of our fortnightly publication, we take a magnifying glass to the issues and reforms that emerged over 2018 in key areas affecting government. We also cast forward to examine the expected major trends and developments for 2019. Our authors will also Read More

Issues Facing the Construction Industry in 2019

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As 2018 begins to wind down, it is the traditional time for industry experts to prognosticate on risks facing the construction industry. We have reviewed several such prognostications from the insurance and construction industries and combined it with our personal and anecdotal experience and offer the following brief list of issues which the Gould & Ratner Construction Practice believe could Read More

Holding Redlich: 2018 year in review – the top issues and where to next

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As 2018 rapidly draws to a close, our practice group experts take a magnifying glass to the top issues from the year - and outline what they expect to dominate in 2019. We examine the key issues in: Competition & Consumer: A review of the ACCC's actions this year in relation to its 2018 enforcement priorities Construction & Infrastructure: A year of Read More

Why You Should Think Twice Before Withholding Payment From Your Subcontractor

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As anyone involved in even the most straightforward construction project is aware, payment disputes frequently arise between contractors.  If you are in the middle of the payment dispute, it may seem practical to withhold all payment to the subcontractor until the dispute is resolved.  However, a recent holding by the California Supreme Court demonstrates the danger in failing to timely Read More

Construction Pricing Models – Choosing an Appropriate Pricing Arrangement

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In this article, part of the Lexis Practice Advisor practical guides for clients and lawyers, partner Rich Reizen, co-chair of Gould & Ratner’s Construction Practice, and Dan Crowley and Phil Piecuch, associates at Gould & Ratner, discuss how when negotiating a construction contract, the pricing model selected to determine the cost of the project is arguably the most important decision Read More

The Legal Landmines of Prevailing Wage Laws in the Construction Industry

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When launching a significant construction project, each stakeholder’s senior management likely is focused on securing the highest quality contractors, labor and materials, while adhering to an ambitious schedule and budget. In many aspects of private and public works construction, ensuring compliance with complex prevailing wage laws are likely not front of mind. A look at California’s prevailing wage law and Read More

WEBINAR: Delays in Digging: Best Practices in Handling Unexpected Finds on the Job Site

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Rich Reizen, co-chair of Gould & Ratner’s Construction Practice, discussed the best practices for contractors and even landowners to avoid unexpected finds and to mitigate their risks in the event of uncovering something unexpected on a job site. Because federal regulations protect culturally significant items that are uncovered, and often state regulations regarding any remains uncovered also apply, contractors need Read More

A brave new world – major changes to the construction industry announced

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A brave new world - Project Bank Accounts, increased powers of the QBCC and the amendment and amalgamation of the Security of Payment and Subcontractors Charges legislation Last night, in accordance with one of its key election promises the Queensland Government introduced the Building Industry Fairness (Security of Payment) Bill 2017 (Bill) into Queensland Parliament. The stated objects of the Read More