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Taft Construction Practice Group

Creating the foundation for a solid future


Taft has been helping clients build their futures for more than 125 years. We are business attorneys who see the big picture. Our Construction Team has broad experience in the construction industry and can provide a solid legal foundation for the work you do. We can assist you with every aspect of your project, from start to finish, whether you are an owner, developer, design professional, contractor or supplier. Our construction team is as multifaceted as you are.

Let us provide the legal framework for all stages of your project so that you can concentrate on what you do best - building your future.

The Affordable Care Act Presents Unique Issues for Health Care Construction    

Marci A. Reddick  

Marci A. Reddick  (317) 713-3435  

It seems as if all sectors of the economy are being impacted in some way by the Affordable Care Act ("ACA"), and the construction industry is no exception. Many hospital building projects that had been on hold since passage of the ACA in 2010 are moving forward following the November Presidential election and the June decision of the U.S. Supreme Court to uphold the ACA.

Many observers predict that the ACA's focus on primary care will increase demand for new primary care physician office space. The shift from having surgeries performed in hospitals to ambulatory surgery centers is expected to continue as a result of the ACA and due to patient preference and insurance company reimbursement policies. In addition, federal loan programs have spurred construction and refurbishment of skilled care and senior living facilities.

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If the NLRB Lacked a Quorum, Did 2012 Really Happen?    

Kerry Hastings
Kerry P. Hastings  

(513) 357-9380


As we explained in a November 2011 article, the National Labor Relations Board is supposed to have five members. Without a quorum of three members, the NLRB is unable to decide cases or issue regulations. At the end of 2011, the NLRB's membership was about to drop to two members due to the expiration of the recess appointment of Craig Becker.

On January 4, 2012, the President purportedly made three recess appointments to the NLRB. Combined with the two incumbent NLRB members who had been confirmed by the Senate, this would have brought the NLRB back up to five members. Various employers challenged these recess appointments as unconstitutional, arguing primarily that the Senate was not in recess on January 4, 2012, because it was conducting pro forma sessions every three days. 


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The Top Three Changes To Watch In Commercial Real Estate Environmental Due Diligence in 2013       

Willam C. Wagner  

William C. Wagner  (317) 713-3699  

Environmental due diligence is changing in the commercial real estate market in 2013. Here is our list of the top three things to watch in this year's market.

1. Tenants Conducting Environmental Due Diligence to Qualify for Bona Fide Prospective Purchaser Protection For Contaminated and Formerly-Contaminated Properties

In the past, tenants could only qualify for CERCLA landowner liability protections if the landowner qualified for those protections. If the landowner was unable to qualify for the defenses, or lost the ability to maintain those defenses during the term of the lease, the tenant would likewise lose those protections through no fault of its own.

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March 2013 Issue
The Affordable Care Act Presents Unique Issues for Health Care Construction
If the NLRB Lacked a Quorum, Did 2012 Really Happen?
The Top Three Changes To Watch In Commercial Real Estate Environmental Due Diligence in 2013

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