Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way for states and localities to effectively create a new and reliable supply of potable water. Since 2010, the California State Water Resources Board (the Board) and the California State Legislature (the Legislature) have studied the potential use of an emerging water recycling process known as direct potable reuse (DPR). DPR treatment involves an extensive, innovative, si ..read more

Accreditation: An extract from Thomas Reuters Practical Law. The full document is available at https://content.next.westlaw.com/practical-law/document/Ia6598a02a95a11ee8921fbef1a541940/Discovery-Disclosure-in-US-Construction-Arbitration. Troutman Pepper attorneys Albert Bates, Zach Torres-Fowler, and Jamey Collidge published a Practice Note explaining key issues in the discovery (disclosure) process of a domestic US construction arbitration, such as conducting disclosure in an ad hoc proceeding or under institutional rules, identifying the disclosure’s scope, and managing electronically stored ..read more

Reposted from Solar Power World with permission. This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. These tips are based on my experience over the past year, during which I’ve handled two solar disputes — one that culminated in a two-week trial and another that required a two-week final arbitration hearing. One dispute concerned the modules themselves; the other involved the solar tracking system. Despite the different technologies involved, there was a lot of ov ..read more

The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. Two key takeaways are: A lien claimant cannot recover replacement and rental costs associated with equipment and materials not incorporated into the final structure; and Proper service does not require the person served to be in charge of the business, so long as a sufficient connection exists between the person served and the defendant to show that service was reasonably calculated. First, in R.A ..read more

As readers of this blog know, public-private partnerships (P3s) have long been used to develop public infrastructure projects such as highways, bridges, tunnels, transit networks, convention centers and a host of other infrastructure projects. Can the P3 model also be used more extensively in the health care sector? In a recent article, Troutman Pepper’s Robert A. Gallagher, Erin S. Whaley, Alexander P. Downs, and Emma E. Trivax suggest that P3s hold much promise for health care infrastructure projects – but to be successful, construction companies and public agencies alike must understand the ..read more

This article was originally published in the November-December 2023 issue of Pratt’s Energy Law Report and is republished here with permission. As the nation’s largest energy consumer, the U.S. federal government plans to curb greenhouse gas emissions across its expansive portfolio of more than 350,000 federal buildings. In a pioneering move, the Biden administration and Department of Energy (DOE) recently announced the Climate Smart Build-ings Initiative (CSBI). This bold initiative aims to upgrade federal buildings across the U.S. with emerging and sustainable technologies in an effort to me ..read more

Reposted from The Dispute Resolver with permission. A recent decision by the Georgia Court of Appeals, Munro v. Georgia Department of Transportation, highlights how overly specific and inflexible rules of evidence can create peculiar results. Munro involved a dispute over the design of a Georgia intersection. No. A23A0404, 2023 WL 4194716 (Ga. Ct. App. June 27, 2023). The plaintiff alleged that the defendant improperly designed the intersection, never corrected that improper design, and failed to properly maintain the intersection. These claims were dismissed for a very odd reason: the pl ..read more

In 2023, the construction industry saw significant developments, such as a downward trend in the commercial real estate market, a continued focus on sustainability, and the ongoing impact of the Infrastructure Investment and Jobs Act. International construction arbitration remained a preferred dispute resolution method for large-scale projects, while the energy industry prioritized safety, reliability, and compliance with clean energy directives, leading an increase in energy construction and public-private partnerships. Looking ahead, the industry faces challenges from ongoing inflation and s ..read more

Accreditation: An extract from GAR’s Construction Arbitration Know-how. The whole publication is available at https://globalarbitrationreview.com/insight/know-how/construction-arbitration. Troutman Pepper Partners Albert Bates and Zachary Torres-Fowler are published in GAR Insight with their article, “GAR Know How Construction Arbitration: USA (August 2023).” This chapter summarizes issues commonly raised during international construction arbitrations seated in the United States or governed by U.S. laws. This chapter should be a useful resource for those seeking to better understand the interp ..read more

Michael Schwartz, Kristin Jones, and John Gazzola were published in the August 2023 Pratt’s Government Contracting Law Report article, “Suppliers Beware: U.S. Government Continues Prosecution of Disadvantaged Business Enterprise Fraud Cases Involving Supplies Passed Through Disadvantaged Business Enterprises ..read more