It behooves construction professionals, be they materials manufacturers, general contractors, or lower-tier subcontractors, to carry some form of commercial general liability insurance (“CGL Insurance”). Having such coverage alleviates some of the potential risk and financial exposure a construction professional carries on a particular project. That is, of course, unless the construction professional gets sued and the insurer refuses to pay ...
No one can escape the basic rules of contracting, even the federal government. If the contract is clear and unambiguous, then the four corners of the agreement set the rules for the project and the parties – and there’s not much room for interpretation. The government was recently reminded of this cold, hard truth after it refused to grant a contractor an equitable adjustment of the contract price for purchasing wetland mitigation credits. In Kiewit Infrastructure W. Co. v ...
Last June 10, the Autorité des marchés financiers (AMF) announced that the floor amount for obtaining a public contract dealing with services without its prior authorization would be reduced to $1 million ...
The regulation governing contracts of public bodiesleaps into the digital age. The amendments, passed on April 13, 2016, and coming into force June 1, 2016, aim to clarify the rules pertaining to the results evaluation.1Five key changesTenders in electronic form are mandatory if so required in the tender documents ?> change of computer systems will be needed to ensure the integrity of the signatures and tenders ...
The COVID-19 outbreak has impacted the manufacturing, transportation and supple chains underpinning countless aspects of trade and commerce on a global basis. Additionally, the shelter-in-place orders have caused nonessential businesses to shut down, resulting in many of them being unable to meet their contractual obligation. Force Majeure Whether coronavirus can be considered a force majeure depends on the wording of the provision ...
Convening Scheme Meetings: Cayman Islands Court in China Aoyuan confirms the applicable principles Introduction The first stage in any restructuring by way of a scheme of arrangement in the Cayman Islands involves meetings of such classes of creditors or shareholders (as the case may be) to consider, and if thought fit, approve the terms of the scheme. An application to Court is required for orders to be granted for convening such meetings ...
One of the main rationales for using a cash box structure is that equity securities issued by PLC are issued for a non-cash consideration so that the statutory pre-emption provisions set out in the UK Companies Act 2006 do not apply. The issue can therefore take place without the timing implications of seeking shareholder approval to disapply the pre-emption rights or conducting a pre-emptive issue ...
The information in this article is based on new regulations issued by the City of San Francisco, and supersedes the article published in early June of this year. San Francisco has recently enacted the Community Opportunity to Purchase Act (COPA), a law that provides San Francisco nonprofits with the right to purchase apartment buildings of three or more units before they are put on the market ...
Current status: March, 26, 2020 The joint guidelines of the federal government and the German states of March 16, 2020 also provide for the closure of retail and wholesale stores and the partial closure of restaurants and food outlets. It is now at the latest that it becomes apparent how the COVID-19 pandemic will also have a direct impact on commercial lease law ...
The coronavirus has arrived in Germany. This is the central statement of the press conference held by Chancellor Angela Merkel on March 12, 2020. Ongoing construction projects are therefore also affected by the corona crisis, with considerable construction delays to be expected. Contractual provisions are usually lacking Contracts are reflecting the parties’ experiences and expectations. They provide for conceivable or expected circumstances, aiming to create legal certainty ...
The coronavirus is currently causing a lot of uproar. Many companies are reviewing their risks in case of infection or are trying to mitigate damage caused by canceled events and trade shows ...
On 11 March 2020, the World Health Organization declared a public health emergency of international concern (PHEIC) following the spread of SARS-CoV2 (Coronavirus) and disease it causes, Covid-19. Subsequently, on 18 March 2020, a state of emergency was declared in Portugal. Against this background, a legislative package has been approved and published, and this package has established exceptional and temporary measures relating to the spread of COVID-19 ...
We are facing a Coronavirus (Covid-19) pandemic and, as a result, administrative solutions have been adopted and a state of emergency has been declared. All this has had an impact on the whole of the economy and it has also had serious adverse effects on works contracts in progress ...
The Covid-19 pandemic has led to the adoption of a set of exceptional and temporary measures to prevent the spread of SARS-CoV-2 and to the introduction of various forms of support intended to mitigate the economic impact of this situation ...
The judgment of the United Kingdom Supreme Court On 1 May 2020, the Financial Conduct Authority (“FCA”), the body that oversees the insurance industry in the United Kingdom, announced that it wanted to obtain a ruling from the English courts on the meaning and effect of the sample of business interruption clauses that it selected from eight insurers in particular ...
There is expected to be a natural slowdown in the completion of real estate transactions in the coming weeks/months. The more immediate effects of the current situation, and of the administrative measures that continue to be adopted to control the pandemic, are especially reflected in relationships that have already been established ...
The Coronavirus, COVID-19 has raised numerous important legal issues. However, one issue has assumed an even higher profile with the recent classification of the virus as a pandemic. This is the question of what claims can be made under the different insurance products on the market to cope with the losses, whether direct or indirect, that Portuguese businesses have been facing ...
In this context, general measures have been established that may have an impact on planning procedures that are underway and on town planning management decisions already issued ...
In the context of the Coronavirus outbreak worldwide, business and entrepreneurs are busy developing strategies and practical ways to mitigate and manage the risks associated with disruptions that may be caused as a result of the outbreak ...
COVID-19 and the measures to mitigate the disease have had an enormous impact on people’s lives and on many sectors of the economy. In response, with regard to lease agreements and other forms of commercial use of real estate premises, the Portuguese legislature decided to introduce exceptional rules for situations of late payment of rent and other payments under said agreements ...
On 11 March 2020, the World Health Organization declared a public health emergency of international concern (PHEIC) following the spread of SARS-CoV2 (Coronavirus) and the disease it causes, Covid-19.A state of emergency was declared in Portugal by Decree of the President of the Republic 14- A/2020 of 18 March and was renewed by Decree of the President of the Republic 17-A/2020 of 2 April ...
Bigger fines predicted for organisations guilty of corporate manslaughter The long awaited definitive guidelines for sentencing organisations guilty of either corporate manslaughter or a health and safety breach which causes death have been published ...
Bribes of $40,000 stuffed in envelopes, a flight to Europe solely to retrieve a briefcase full of cash, and a $10 million payoff to secure votes for choosing the World Cup host country are among the allegations in the recent indictment against FIFA representatives and related business associates. The indictment contains charges of racketeering, wire fraud and money laundering arising out of alleged kickbacks and bribes that the defendants gave or received ...
