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 overlap in the defendants’ litigation strategies, and the same practical lessons can be drawn from both.

Continue Reading I Lived It: Litigator Provides His Perspective on Solar Warranty Claims

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.
Continue Reading Pennsylvania Appellate Court Clarifies Recovery and Service Requirements of Mechanics’ Lien Law

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 unique nature of the U.S. health care system, including regulatory compliance, complex funding streams, and state law requirements.  The article notes that retaining counsel familiar with federal and state health care law as well as construction law and P3 models is important to the success of such projects.

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 meet the Biden administration’s Federal Building Performance Standard, which sets an ambitious goal to cut energy use and electrify equipment and appliances in 30% of the building space owned by the federal government by 2030.

Continue Reading U.S. Government Plans to Leverage Public-Private Partnerships to Make Federal Buildings More Energy Efficient

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 plaintiff’s expert witness wasn’t old enough.

Continue Reading Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert

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.

Continue Reading A Review of 2023’s Construction Highlights and What to Expect Next: A Summary

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 interplay between U.S. laws and international construction arbitration.

Continue Reading GAR Know How Construction Arbitration: USA (August 2023)

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.”

Albert Bates and Zachary Torres-Fowler were quoted in a Q&A for Mealey’s International Arbitration Report titled, “International Arbitration Experts Discuss the Impact of Artificial Intelligence on International Arbitration.”

Continue Reading International Arbitration Experts Discuss the Impact of Artificial Intelligence on International Arbitration

Earlier this year[1] the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A., where it held that the grounds for vacatur under Chapter 1 of the Federal Arbitration Act (FAA) may also apply to nondomestic arbitration awards (e.g., arbitration awards rendered in the U.S. but involving a non-U.S. party).[2] The court’s decision overruled two of its prior cases, holding that Article V of the New York Convention and Chapter 2 of the FAA provided the exclusive grounds for challenging the enforcement of a nondomestic arbitration award.[3] The decision is of significance because it brings the Eleventh Circuit — which encompasses the increasingly popular arbitration seats of Atlanta and Miami — in line with other circuit courts that have considered this issue.[4]

Continue Reading Eleventh Circuit Joins Others on Applicability of Domestic FAA Grounds to Vacate Nondomestic Arbitration Awards