Shapiro, Lifschitz & Schram

"They take the time to learn and understand the details and subtleties involved in complex disputes and still quickly identify and focus on the fundamental issues."

Alan W. Slepian, Esq. – Formerly Assistant General Counsel of PG&E National Energy Group

Construction

NEW EPA RULES COULD SPUR $9.6 BILLION IN CONSTRUCTION FOR POWER INDUSTRY

Two new U.S. Environmental Protection Agency (EPA) rules taking effect in 2012 are expected to spur construction as power plants comply with new EPA standards.  The Cross-State Air Pollution Rule (CSAPR), and the Mercury and Air Toxics Standards (MATS) address power plant emissions, with MATS comprising the first-ever national standards targeted to reduce mercury and other emissions from power plants.

REDEVELOPMENT OF THE WHITE-FLINT CORRIDOR

The Montgomery County Planning Board has given JBG the go-ahead for its second mixed-use project in White Flint: North Bethesda Market II. The new development will be built next to North Bethesda Market – one block from the from the White Flint Metro Station.

Construction starts immediately, and delivery is slated for later this year. When complete, it'll be the tallest structure in Montgomery County, featuring 340 apartments, 150,000 SF of office space, and 130,000 SF of dining, shopping, and entertainment choices.

NEW DC FIRST SOURCE LAW FOR LARGE PROJECTS

In December 2011, Mayor Gray signed a bill amending the First Source Law so that construction projects receiving government funds of $5 million or more must have DC residents work certain percentages of hours on the project.  The prior law required only that 51% of new hires be DC residents and remains in effect for projects receiving government funds between $300,000 and $4.9 million. 

Scope of Arbitration Clause Does Not Extend to Ensuing Action to Collect Award - Giron v. Dodds

The District of Columbia Court of Appeals (DC’s highest court) recently held that piercing the corporate veil, i.e., disregarding the corporate entity (“PCV”) to collect on an arbitration award is outside the scope of an arbitration clause.  In a Jan.

John Bergin Argues in Pennsylvania Appellate Court to Affirm Defense Verdict in $20M MLB Stadium Case

As discussed in SLS’s December 8th post, John Bergin represented two national general contractors/ construction managers who had formed a joint-venture to design and construct a Major League Baseball Stadium.  Plaintiff – the alleged assignee of a subcontractor on the project – had sued the joint venture for more than $20 million.  John secured a complete defense verdict for the joint venture after more than eight years of litigation, a six-week trial, and two post-trial legal memoranda. The Plaintiff appealed that verdict. 

ENFORCEABILITY OF ARBITRATION AGREEMENTS – Who Decides?

Contracts covering construction disputes often require binding arbitration. Many of these contracts contain language allowing the arbitrator to decide the enforceability of the agreement to arbitrate (the delegation provision).  But some courts have been removing this decision from arbitrators and making the arbitration agreement’s enforceability a question for judicial review. 

John Bergin Defends Defense Verdict in $20 Million MLB Stadium Case on Appeal

SLS’s John Bergin obtained a defense verdict in a case involving the construction of a Major League Baseball Stadium after more than eight years of litigation, a six-week trial, and two rounds of post-trial briefs.  Plaintiff appealed that verdict and John recently filed a Brief explaining in detail why the Appellate Court should confirm it.  John represented two national general contractors and construction managers who had formed a joint-venture to design and construct the stadium.  Plaintiff – the alleged assignee of one of their subcontractors – sued the

SQUARE 54 – PART II??? GW University’s Redevelopment of Pennsylvania Avenue

GW University is moving ahead with redevelopment plans outlined in the 2007 Foggy Bottom Campus Plan

ALEXIS LOCKSHIN ON THE SIXTH ANNUAL WOMEN IN CONSTRUCTION CONFERENCE

On November 2nd, I (Alexis Lockshin) joined 150-200 design and construction professionals at the sixth annual Women in Construction Conference

WHAT TO EXPECT: AN OVERVIEW OF THE DISPUTES PROCESS FOR GOVERNMENT CONSTRUCTION CONTRACTS

Companies who contract with the Federal Government (“Government”) must follow specific statutory processes if they have disputes on those projects.  Similarly, companies who contract with state or local public agencies should always consult the governing local law or regulation because public agencies frequently have their own disputes processes.

Did You Know . . .

Members of the SLS trial group have tried in excess of 50 jury trials and 75 bench trials?

The SLS construction group has worked on sports stadiums across the country including Orioles Park in Baltimore and Paul Brown Stadium in Cincinnati?

The SLS construction group has worked on power plant projects across the country?

In 2007 SLS was selected for an Honorable Mention as one of the Best Places To Work in Washington DC?

Ron Shapiro, Steve Schram and Judd Lifschitz have all been selected as SuperLawyers by Law and Politics?

The SLS office building is an historic townhouse constructed in the late 1800s?

SLS has been selected by Martindale-Hubbell as a Preeminent Law Firm?

SLS trial lawyers have argued appeals in the U.S. Circuit Courts of Appeal for the 4th, 5th, 9th, D.C. and Federal Circuit?

SLS trial lawyers have been lead trial counsel in cases in Arizona, California, District of Columbia, Florida, Louisiana, Maryland, New Jersey, New York, North Carolina, Oregon, Texas, and Virginia, - to name just a few?

Virtually all the cases that SLS trial lawyers mediated have been favorably settled at mediation?

The transactional group at SLS was lead counsel on one of the largest, most complex mixed-use projects in downtown Washington, DC involving 4 lenders and 6 property owners?

In appreciation for the outstanding efforts of each of its employees during 2007, SLS gave everyone (attorneys, paralegals, and staff) a 4 day/3 night expense paid trip to Key West, Florida?

The transactional group at SLS has represented tenants in more than 200 retail leases in the Mid-Atlantic region?

Every attorney in the transactional group at SLS has at least 15 years experience?

The transactional group at SLS has represented developers in the purchase, construction, financing and/or sale of more than 75 multi-family apartment projects?

The transactional group at SLS has represented real estate investors and developers with respect to property in Pennsylvania, West Virginia, Delaware, Maryland, the District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Florida, Texas, Tennessee, Michigan and the U.S. Virginia Islands?

Attorneys in the transactional group at SLS have represented eight national banks in commercial real estate loans?

Attorneys in the transactional group at SLS have represented the FDIC, the Resolution Trust Corporation and several banking institutions in loan workout transactions throughout the Mid-Atlantic region?

The transactional group at SLS has represented homebuilders and commercial real estate developers in work-outs of individual loans and also for work-outs of large portfolios involving dozens of properties in several states?

The trial lawyers of SLS have numerous reported decisions to their credit?