Tag Archives: construction

COVID-19: Navigating your Construction Contract post-pandemic

Construction disputes are likely to increase in number due to COVID-19 related issues. Caitlin Love sets the foundations to keep construction contracts standing.

In brief: Construction contracts totalling circa €17.9 billion have been halted in Ireland since the outbreak of COVID-19. Despite the restrictions having eased within the construction sector we have yet to witness the full impact of the pandemic within the industry. Employer/Contractor disputes due to the resulting delays and costs will inevitably develop. In any arising disputes, ultimately the type of contract entered into by the parties, and the wording of the relevant provisions within the contract, will be significant factors in determining where liability rests for the contractual consequences of the pandemic.

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OSHA issues COVID-19 case reporting relief for contractors

On April 10, 2020, the Occupational Safety and Health Administration (OSHA) issued temporary guidance for recording cases of COVID-19 that provides relief to the construction industry. OSHA’s announcement provides certainty to the construction industry and helps contractors focus their response efforts on implementing good hygiene practices in their workplaces and otherwise mitigating COVID-19’s effects.

Click here to learn more.

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Health Measures Plan for the Reopening of Construction Sites

By Xavier Morand Bock, from our Litigation Group

April 10, 2020 — Though the Quebec government has just extended the suspension of non-essential activities, including the operation of construction sites, until May 4th, it is essential that construction companies begin planning for the implementation of safety measures at their sites, so that their future operations can be carried out safely.

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Limitation periods and standstill agreements: How can they impact your claims?

Claims arising from construction projects often require consideration of the law of limitation.

Limitation periods are statutorily prescribed windows within which claimants must commence claims. These periods do not, however, sit naturally against the nature and timeline of projects, where numerous parties are involved, the period from commencement through to completion can span many years, and the parties’ liabilities extend beyond completion.

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Slutopgørelsens juridiske betydning

Entreprenøren skal fremsætte betalingskrav inden for visse tidsfrister for at kunne bevare kravet. Udover forældelse og passivitet kan en slutopgørelse have betydning for entreprenørens ret til vederlag.

AB 92 indeholder regler, som skal motivere parterne til en hurtig afklaring på byggeriets samlede økonomi, herunder krav for eventuelle ekstraarbejder.

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Slutopgørelsens juridiske betydning

Entreprenøren skal fremsætte betalingskrav inden for visse tidsfrister for at kunne bevare kravet. Udover forældelse og passivitet kan en slutopgørelse have betydning for entreprenørens ret til vederlag.

AB 92 indeholder regler, som skal motivere parterne til en hurtig afklaring på byggeriets samlede økonomi, herunder krav for eventuelle ekstraarbejder.

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CARF cancels assessment involving tax planning with reduction of capital and return of shares abroad

A civil construction company was assessed for having carried out a share sale transaction preceded by a capital reduction, with consequent repayment of the shares that would be sold to companies based in Uruguay, which ultimately figured as sellers of the equity interest . As a result of the design of the operation, the capital gain was taxed at a rate of 15% (non-resident gain), instead of 34%, as preferred by inspection.

The tax planning was understood by the fiscalization as simulation of operation of alienation of shares to the foreign company. As a result, a tax assessment notice was issued that required the positive difference of IRPJ and CSLL due on the alleged disposal operation carried out by the Brazilian holding company.

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The seven deadly sins: common mistakes made when constructing and operating fairground and amusement rides

Following a number of recent high profile accidents, the issue of health and safety in the themed entertainment industry continues to be under close scrutiny. Indeed, there is recognition that work remains to be done to satisfy the high health and safety standards that the public clearly expects.  Unfortunately, there are some common, but avoidable, mistakes that are often made when constructing and operating rides:

  1. Not appointing a qualified ride inspector: As complex engineering structures, rides are subject to rigorous inspection and testing. Registered inspectors certify whether a ride is safe to use by members of the public. Any inspections are to be carried out according to local requirements. In the UK, this essentially means by those registered under the Amusement Devices Inspection Procedure Scheme (ADIPS) or under the PIPA scheme for inflatables.

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The new Pre-Action Protocol for construction and engineering disputes

A version of this article was published in Construction News on 24 April 2017.

Background

Most construction and engineering disputes are settled by negotiation and without the need for formal dispute proceedings.  Where disputes cannot be resolved in this way, a claimant will usually have the option of pursuing its entitlements through statutory or contractual adjudication.  In some cases, however, litigation or arbitration will be necessary.

Before commencing court proceedings, a claimant must comply with the court rules which govern pre-action conduct.  These rules are set out in the “Pre-Action Protocols” which form part of the Civil Procedure Rules.

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Shutts & Bowen Names Four New Partners

Shutts & Bowen LLP named four new partners during its annual meeting.

“These promotions exemplify Shutts’ commitment to recognize and reward leadership, integrity and legal acumen and to plan for the future growth and success of the firm,” said Managing Partner Micky Grindstaff.  “They also demonstrate Shutts’ diversity and our presence as a full-service business law firm throughout Florida.”

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