ALFA International Publications

July 26, 2023
When Construction Defect and Product Liability Claims Overlap Overview There is no such thing as a simple construction defect action.[i] Speaking from experience, even defect lawsuits with just two parties and modest recovery expectations can spiral into expert-driven and expensive litigation where liability, causation and damages issues are hard fought. Parties will clash over wheth…
July 26, 2023
Arbitration is having its golden hour. Heralded as the answer to expensive and time-consuming litigation, arbitration is currently the go-to dispute resolution option for most international construction projects and engineering disputes. As to whether arbitration truly delivers in terms of time and cost is an entire subject in its own right. In this discussion, we explore a more discreet issue. A …
July 26, 2023
Contractual Indemnity: The gift that keeps on giving (or taking) Contractual indemnification provisions may circumvent Worker’s Compensation Exclusivity and expose employers to double risk. Introduction Although workers’ compensation is typically meant to provide the exclusive remedy for an employee’s injuries and protect the employer from civil suit, some workers’ compensation la…
July 26, 2023
Introduction – Risk Transfer Generally Construction is risky business. Owners’ risks include delays, contractor insolvency, financing issues, differing site conditions, and defective design and/or construction. Contractors risk jobsite injuries, disputes over alleged defects in the work, labor shortages, material cost escalation, project impacts outside their control, as well as lower-tier …
July 26, 2023
Indemnification Generally An indemnity agreement provides that one party to the agreement will reimburse the other for loss or injury that the party may suffer because of a specified event or that one party will protect the other from harm or loss.[1] Construction indemnity agreements are a promise by which one party (the indemnitor) agrees to defend, indemnify, or hold harmless another pa…
June 21, 2023
This article covers recent statutory, regulatory, and case law developments regarding pay equity and paid leave. The article begins by discussing state specific pay disclosure legislation, moving on to a discussion of pay transparency developments under the National Labor Relations Act (NLRA), then a discussion of state statutes and recent cases under the Equal Pay Act (EPA), and finishing with a …
June 21, 2023
Introduction 2022 was a great year for U.S. labor unions and employees, but not so much for U.S. employers.   The Biden National Labor Relations Board dug in and got to work, reversing precedent and charting a course to reinterpret the National Labor Relations Act in new and unimaginable ways. The Board’s General Counsel continued to issue Memoranda exposing her views on key issues, and the Board…
June 21, 2023
Introduction Labor and Employment law is an area of law which, in comparison to other areas of law, is particularly influenced by European Union law. The influence of Union law is based on primary European legal requirements, European directives that must be implemented by national legislators and the binding decisions of the ECJ. The most recent developments in European labor law relate to the do…
June 21, 2023
I.             Introduction In today's fast-paced and demanding work environments, the importance of mental health in the workplace cannot be overstated. As employment attorneys, we have witnessed a significant shift in recent years, with employers recognizing the need to address mental health concerns and promote a supportive work environment. This evolving understanding stems from the realizatio…
June 21, 2023
The Rise of Nuclear Verdicts “Nuclear verdicts” in employment cases are growing in frequency and severity.  A couple of examples: a June 2022 verdict in California for $464 million in a case alleging sexual and racial harassment; an October 2022 Texas verdict for $366 million in a case alleging racial bias. While opinions about the causes of this “nuclear age” vary, employers must have a s…