April 2017


May 09-11, 2017 - P&A Hosts Conferences Regarding Changes to the AIA Documents

Peckar and Abramson is pleased to announce that we will be hosting conferences throughout our nationwide offices regarding the changes and additions to the American Institute of Architect (AIA) contract documents. During the conference, we will identify the changes and discuss the implications for contractors as well as strategies to address these changes both at the time of contract negotiation and during performance of the work. May 9th: Miami, FL, New York, NY, River Edge, NJ; May 10th: Houston, TX, Dallas, TX, Washington, DC, Los Angeles, CA; May 11th: Austin, TX,

George C. Baldwin
Gregory A. Eichorn
Edward O. Pacer
Jeffrey Ford
Matthew S.C. Moore
Curtis W. Martin
Todd H. Colvard
Alex R. Baghdassarian
Sean P. Ryan
Stephen H. Reisman
Adam P. Handfinger
Craig A. Landy
Mark R. Berry

Neal I. Sklar and K. Stefan Chin co-authored a bylined article entitled "A New Year’s Resolution for Your Construction Business: Practical Guidelines for Mitigating the Risks of a Cyberattack" which published in the Winter 2017 issue of Construction Ink!, the magazine of the Construction Association of South Florida. The article educates construction companies describing common cyberattacks from 2016 and what is expected in 2017. It also provides guidelines for employees of construction companies, what should be included in a preemptive Incident Response Plan (IRP) and what is covered in a cyber insurance policy.

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Jeffrey M. Daitz and Rashmee Sinha co-authored a bylined article entitled "United States Supreme Court Grants Certiorari in EEOC Subpoena Case" which was published in the Winter 2017 issue of Construction Ink!, the magazine of the Construction Association of South Florida. The McLane Co. Inc. v. EEOC case written about asks the Court to resolve a split in the Circuit Court of Appeals on the proper standard of review applied to a district court decision to quash or enforce a subpoena issued by the EEOC. The ultimate decision will have implications for businesses, HR professionals and employees regarding grounds for challenging EEOC subpoenas.

On April 3, 2017, by a seven to one vote, the United States Supreme Court ruled that a district court’s decision to quash or enforce a subpoena served by the U.S. Equal Employment Opportunity Commission should be reviewed by the appellate court under an abuse of discretion standard as opposed to the de novo standard of review previously relied upon by the Ninth Circuit Court of Appeals in McLane v. EEOC. The ruling is good news for employers as they no longer have to be concerned about the appellate court “second guessing” the district court’s decision and puts the 9th Circuit Court of Appeals in line with rulings of courts in other circuits across the nation.

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Melinda S. Gentile and Monique S. Cardenas co-authored a bylined article entitled "Diversity Does Pay in the Construction Industry" which was published on April 14, 2017 in the Daily Business Review. The article describes the diversity dividend, the ever-growing trend among Fortune 500 companies and their outside legal counsel. Construction companies such as Turner Construction Co., Gilbane Building Co., Austin Industries, Bechtel Corp. and AECOM, Inc. are leading the way in the construction industry for their commitment to diversity.

Joseph S. Sestay, senior counsel in the firm's Los Angeles office and Kerri Sakaue, an associate in the firm's Los Angeles office, co-authored an article in the AGC of America Newsletter, Volume 3, Issue 2, March 2017. The article titled, "Construction Liability Without A Contract – The Erosion of the Economic Loss Rule" discusses how the California courts continue to expand liability with respect to holding third parties liable in a construction contract even though those third parties have no contractual relationship in the dispute. The article also addresses whether this issue is becoming a national trend in the industry.