Googlemaps Three towns, Saluda (B), Tryon (A) and Columbus (C), are unhappy with water pressure in their multi-community system in the hills of North Carolina. Three small towns in the mountain country of North Carolina, not far from Asheville, say they are suffering from poor water pressure and they are blaming the engineering firm that designed the water delivery lines connecting the towns. The towns of Columbus and Tryon and the city of Saluda are suing Asheville, N.C.-based engineer Joel E. Wood and Associates, LLC.A judge recently transferred the lawsuit from state superior court in Polk, N.C. to federal court
Related Links: Jan. 13 oral argument transcript High Court to Hear Arguements in NLRB Appointments Case The U.S. Supreme Court Justices seemed to be skeptical of the Obama administration’s position during Jan. 13 oral arguments in a case centering on the president’s ability to make recess appointments to the National Labor Relations Board, courts, and other government offices.The case, NLRB v. Noel Canning, is significant for construction because it involves two appointments to the NLRB, the body that adjudicates labor cases important to construction firms and unions, that were invalidated as unconstitutional by the U.S. Court of Appeals for the
Related Links: U.S. Attorney for District of Columbia press release, summary of case EPA IG report on John Beale pay issues IG report on John Beale travel issues John C. Beale, a former high-ranking Environmental Protection Agency official, was sentenced on Dec. 18 to 32 months in federal prison and a $1.3-million fine for fraudulently receiving almost $900,000 in pay and benefits for lengthy periods of time he wasn't at work. Beale, 65, pled guilty in September to committing fraud over the past decade at EPA, falsely telling his supervisors that he was a Central Intelligence Agency agent and being paid
Photo by AP Wideworld Justice Alito's ruling affirms forum clauses while also allowing courts to consider public-interest factors. Related Links: Text of Supreme Court's opinion http://enr.construction.com/policy/legal/2013/1014-supreme-court-hears-arguments-over-dispute-forum-selection.asp (ENR 10/14/2013 issue) All of the U.S. Supreme Court justices saw Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas the same way, ruling 9-0 generally in the company's favor. But construction attorneys' interpretations of that Dec. 3 decision differ. Lawyers supporting each side call the ruling a victory.The case originated in a payment dispute between prime contractor Atlantic Marine Construction (AMC), Virginia Beach, Va., and subcontractor J-Crew Management
Related Links: Justice Dept. press release Bilfinger SE statement Ex-Willbros Consultant Sentenced for Nigerian Bribery (enr.com 5/16/2013) [Subscription] The German construction firm Bilfinger SE has agreed to pay $32 million to resolve U.S. federal bribery charges connected to contracts on a Nigerian natural-gas project, the Dept. of Justice said.The agreement, which DOJ announced on Dec. 9, is the latest development in a multi-year federal probe of the $387-million Eastern Gas Gathering ProjectBilfinger and DOJ said they have entered into a three-year deferred-prosecution agreement. The company, based in Mannheim, said it will admit it had violated the U.S. Foreign Corrupt Practices
Related Links: Transcript of Dec. 10 oral arguments NLRB and Construction-Related Cases on Supreme Court Docket (ENR 10/7/2013 issue) [subscription] As the U.S. Supreme Court heard oral arguments on Dec. 10 in two major clean-air regulatory cases, most of the justices appeared to be sympathetic to the Environmental Protection Agency’s position that it had not exceeded its statutory powers when it issued an air-pollution-control regulation in 2011.The cases, which the court consolidated into one proceeding, center on whether EPA overstepped its Clean Air Act authority when it issued the Cross-State Air Pollution rule in 2011. That regulation, also called the
Related Links: Text of Supreme Court opinion in Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas Industry Awaits High Court's Ruling in Forum-Selection Case (ENR 10/21/2013 issue) Supreme Court Hears Arguments Over Forum Selection for Disputes (ENR 10/14/2013 issue) The U.S. Supreme Court has ruled unanimously in a case dealing with contract clauses that determine in which courts a dispute may be heard. But attorneys who specialize in construction issues are divided about what the decision means for the industry.In its opinion issued on Dec. 3 in the case, Atlantic Marine Construction Co. v.
Map by Shem Oirer/ENR Art Department Tanzania's planned 480-kilometer highway project includes a 53-km section cutting through Serengeti National Park. Related Links: Tanzania Drives On With Planned Road Through Serengeti Park Serengeti Road Project Halted for Wildlife Study A recent court ruling clearing the way for a legal challenge to Tanzania's delayed plans for a 53-kilometer road across the world-famous Serengeti National Park has endangered the proposed project's construction.The regional East Africa Court of Justice (EACJ) ruled, in August, that because the Serengeti National Park is located within both Tanzania and Kenya, the court has the jurisdiction to hear the
Photo by AP Wideworld The popularity of narcotic painkillers has a downside and cost that some states may not fully recognize. Related Links: Tightening Up the Rules for Hydrocodone, the Favorite PainKiller The Myth of Workers' Compensation Fraud Someone forgot to send Missouri the memo about the latest research on rising costs in workers' compensation.Concerned about fraudulent claims by workers, state Senator Mike Cunningham (R) late last year sponsored a bill that would have given employers access to a free online database of compensation claims. Employers would be able to screen workers for a history of fraud, without first securing
Related Links: Transcript of oral arguments in Unite Here Local 355 v. Mulhall Link to briefs in case During oral arguments on Nov. 14 in one of the most important labor cases before the U.S. Supreme Court this term, the justices seemed skeptical about the claim that employers' “neutrality” agreements with unions violate federal labor law.The case, Unite Here Local 355 v. Mulhall, centers on whether an employer's agreement to remain neutral during a union organizing campaign is legal under the Labor Management Relations Act (LMRA). Neutrality agreements are widely used in the service and hospitality industries and sometimes in
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