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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SUNDAY, NOVEMBER 29, 2020
Construction Contracts Need Amending Post COVID-19 Shutdowns
Managing Narrative, Capturing Context, and Building Together: Talking VR and AEC with David Weir-McCall
Building Results: A Panel for Law Students interested in Dispute Resolution and Construction Law
Ninth Circuit Narrowly Construes IP Exclusion, Reaffirming Rules of Insurance Policy Construction
Billionaire Brothers Raise U.S. Property Bet With LA Project
Cities Don’t Need High-Rises to Become Affordable
Requesting an Allocation Between Covered and Non-Covered Damages? [Do] Think Twice, It’s [Not Always] All Right.
Charles Carter v. Pulte Home Corporation
Federal Court Dismisses Coverage Action in Favor of Pending State Proceeding
Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain
Dust Obscures Eleventh Circuit’s Ruling on “Direct Physical Loss”
Kiewit and Two Ex-Managers Face Canada Jobsite Fatality Criminal Trial
Trump Administration Announces New Eviction Moratorium
COVID-19 Win for Policyholders! Court Approves "Direct Physical Loss" Argument
The Construction Industry Lost Jobs (No Surprise) but it Gained Some Too (Surprise)
Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors)
Avoid the Headache – Submit the Sworn Proof of Loss to Property Insurer
Topic 606: A Retrospective Review of Revenue from Contracts with Customers
A Murder in Honduras Reveals the Dark Side of Clean Energy
Virginia CLE Annual Construction Law and Public Contracts Seminar
South African Insurers Agree to Pay for COVID-19 Losses
Bringing BIM to the Modern Built Environment: An Interview with Prof. Martin Fischer
Builders and Manufacturers Could Lead This Recovery
Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work
Court of Appeal Puts the “Equity” in Equitable Subrogation
Lake Charles Tower’s Window Damage Perplexes Engineers
The Hazards of Carrier-Specific Manuscript Language: Ohio Casualty's Off-Premises Property Damage and Contractors' E&O Endorsements
Judicial Panel Denies Nationwide Consolidation of COVID-19 Business Interruption Cases
Zurich American Insurance Company v. Ironshore Specialty Insurance Company
A Landlord’s Guide to the Center for Disease Control’s Eviction Moratorium
A Court-Side Seat: Flint Failures, Missed Deadlines, Toad Work and a Game of Chicken
Hunton Insurance Partner Among Top 250 Women in Litigation
CDC Issues Moratorium on Residential Evictions Through 2020
Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)
Best Practices for ESI Collection in Construction Litigation
History and Gentrification Clash in a Gilded Age Resort
ABC Leadership Institute 2020
Ninth Circuit Rejects Excess Insurer's Attempt to Dispute Exhaustion of Underlying Insurance
Taking the Mystery Out of BIM Data Mining
Homes Designed to Keep Heat In Are Now Struggling to Cool Down
Whose Employee is it Anyway?: Federal Court Finds No Coverage for Injured Subcontractor's Claim Based on Modified Employer's Liability Exclusion
Avoid the Headache – Submit the Sworn Proof of Loss to Property Insurer
With No Evidence of COVID-19 Being Present, DC Trial Court Finds No Claim for Business Interruption
Guidance for Construction Leaders: How Is the Americans With Disabilities Act Applied During the Pandemic?
Court Concludes That COVID-19 Losses Can Qualify as “Direct Physical Loss”
California Judicial Council Votes to Rescind Prohibitions on Eviction and Foreclosure Proceedings
Nader Eghtesad v. State Farm General Insurance Company
Wilke Fleury Attorneys Featured in 2021 Best Lawyers in America and Best Lawyers: Ones To Watch!
A Court-Side Seat: Citizen Suits, “Facility” Management and Some Nuance for Your Hazard Ranking
Partners Nicole Whyte and Karen Baytosh are Selected for Inclusion in Best Lawyers 2021 and Nicole Nuzzo is Selected for Inclusion in Best Lawyers: Ones to Watch
Federal Court Holds That Other Insurance Analysis Is Unnecessary If Policies Cover Different Risks
Out of Eastern Europe, a Window Into the Post-Pandemic Office
Pensacola Bridge Repair Plan Grows as Inspectors Uncover More Damage
AGC WebEd: Keep Your Team Connected: Sharing Virtual RFIs and Construction Documents with Everyone
Remand Denied for COVID-19 Business Interruption Claim
COVID-19: The Catalyst to Permanently Transform Construction Safety With Live Field Data
Ex-Colony Executive Seeks $1.2 Billion for Single-Family Rentals
Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work
Leonard Fadeeff v. State Farm General Insurance Company
Update – Property Owner’s Defense Goes up in Smoke in Careless Smoking Case
Accounting for Payments on Projects Became Even More Crucial This Year
New York Court Temporarily Enjoins UCC Foreclosure Sale
Does a Landlord’s Violation of the Arizona Residential Landlord-Tenant Act Constitute Negligence Per Se?
Of Pavement and Pandemic: Liability and Regulatory Hurdles for Taking It Outside
Hundreds of Coronavirus Coverage Cases Await Determination on Consolidation
Chinese Telecommunications Ban to Expand to Federally Funded Contracts Effective November 12, 2020
Potential Construction Liabilities Contractors Need to Know
The Peak of Hurricane Season Is Here: How to Manage Risks Before They Manage You
Pinterest Nixes Big San Francisco Lease Deal in Covid Scaleback
Architecture, Robotics, and the Importance of Human Interaction – An Interview with Prof. Kathrin Dörfler
New Date: Construction Project Scheduling & Delay Claims
COVID-19 Claim for Business Interruption Survives Motion to Dismiss
Why Construction Is Considered a Fundamental Service
Homebuilders' Group Wants Trump to Act to Halt Lumber Price Surge
Arkansas Federal Court Fans the Product Liability Flames Utilizing the Malfunction Theory
Alleging Property Damage in Construction Defect Lawsuit
DOD Contractors Receive Reprieve on Implementation of Chinese Telecommunications Ban
Louis "Dutch" Schotemeyer Returns to Newmeyer Dillion as Partner in Newport Beach Office
Best Lawyers Honors 43 Lewis Brisbois Attorneys, Recognizes Three Partners as 'Lawyers of The Year'
Another Way a Mechanic’s Lien Protects You
Nine Haight Attorneys Selected for Best Lawyers®: Ones to Watch 2021
Does a Broker Forfeit His or Her Commission for Technical Non-Compliance with Department of Real Estate Statutory Requirements?
COVID-19 Case Remanded for Failure to Meet Amount in Controversy
'There Was No Fighting This Fire,' California Survivor Says
Rams Owner Stan Kroenke Debuts His $5.5 Billion Dream Stadium
Engineering, Architecture, and Modern Technology – An Interview with Dr. Jakob Strømann-Andersen
Drastic Rebuild Resurrects Graves' Landmark Portland Building
ACP Earthquake Resilience Mitigation Webinar
SantaFe Braun, Inc. v. Insurance Company of North America
Navigating the Perfect Storm: Combating a Projected Spike in COVID-19 Cases During Flu Season
Mortgage Rates in U.S. Slide Back Below 3% for 30-Year Loans
Prospective Additional Insureds May Be Obligated to Arbitrate Coverage Disputes
Coverage for Faulty Workmanship Denied
If Passed, New Bill AB 2320 Will Mandate Cyber Insurance For State Government Contractors
Is it the End of the Lease-Leaseback Shootouts? Maybe.
Sixth Circuit Affirms Liability Insurer's Broad Duty to Defend and Binds Insurer to Judgment Against Landlord
Don’t Do this When it Comes to Construction Liens
Remote Trials Can Control Prejudgment Risk
Five Haight Attorneys Selected for Best Lawyers in America© 2021
Bond Principal Necessary on a Mechanic’s Lien Claim
Best Lawyers® Recognizes 43 White and Williams Lawyers
Public Projects in the Pandemic Pandemonium
Event-Cancellation Insurance Issues During a Pandemic
Proximity Trace Used to Monitor, Maintain Social Distancing on $1.9-Billion KCI Airport Project
Save the Date: Construction Defects Seminar
Non-Concurrency Between Ceding Companies and Their Reinsurers for Communicable Disease Exclusions: The Next COVID-19 Shoe to Drop
Get Creative for Post-Pandemic Construction Recruiting
Want More Housing? Ending Single-Family Zoning Won’t Do It.
Massachusetts District Court Holds Contractors Are Not Additional Insureds on Developer’s Builder’s Risk Policy
"Decay" Found Ambiguous in Collapse Case
Product Defect Allegations Trigger Duty To Defend in Pennsylvania
Appeals Court Rules that Vertical and Not Horizontal Exhaustion Applies to Primary and First-Layer Excess Insurance
Champagne Wishes and Caviar Dreams. Unlicensed Contractor Takes the Cake
Edward Beitz and William Taylor Recognized by US News – Best Lawyers as a "Lawyer of the Year"
Alexis Crump Receives 2020 Lawyer Monthly Women in Law Award
Separation of Insureds Provision in CGL Policies
Maine Court Allows $1B Hydropower Transmission Project to Proceed
Georgia Update: Automatic Renewals in Consumer Service Contracts
OSHA/VOSH Roundup
Plaza Construction Negotiating Pay Settlement for Florida Ritz-Carlton Renovation
New Report Reveals Heavy Civil Construction Less Impacted by COVID-19 Than Commercial Construction
IRMI Construction Risk [VIRTUAL] Conference
First-Dollar Risk Allocated to the Insured Is Not Subject to the Made Whole Doctrine
Three Ways Aerial Imaging Benefits Construction Amid COVID-19
U.S. June New-Home Sales Surge to Highest in Almost 13 Years
Fact of Settlement Communications in Underlying Lawsuits is Not Ground for Anti-SLAPP Motion in Subsequent Bad Faith Lawsuit
Court Addresses When Duty to Defend Ends
Michigan Finds Coverage for Subcontractor's Faulty Work
A Win for Policyholders: California Court of Appeals Applies Vertical Exhaustion for Continuous Injury Claims
Pulte Home Corp. v. CBR Electric, Inc.
Class Action Certification by Association for “Matters of Common Interest”
No Global MDL for COVID Business Interruption Claims, but Panel Will Consider Separate Consolidated Proceedings for Lloyds, Cincinnati, Hartford, Society
“Pay When Paid” Provisions May Not Be Dead, at Least Not Yet
D.C. Decision Finding No “Direct Physical Loss” for COVID-19 Closures Is Not Without Severe Limitations
How to Prepare for Potential Construction Disputes Resulting From COVID-19
20 Wilke Fleury Attorneys Featured in Sacramento Magazine 2020 Top Lawyers!
Fast-Moving Isaias Dishes Out Disruption in the Mid-Atlantic, Northeast
Contracts and Fraud Don’t Mix (Even for Lawyers!)
Florida Construction Law Seminar
New Washington Regulation Requires Mandatory Language in an Insurer’s Denial Letter
Union Specialty Contractors Urged To Seek Additional Pay for Pandemic Costs
U.S. Homebuilder Optimism Continues Recovery as Buyers Return
Wisconsin Court Applies the Economic Loss Doctrine to Bar Negligence Claims for Purely Economic Losses
Sinking Floor Does Not Meet Strict Definition of Collapse
It’s a COVID-19 Pandemic; It’s Everywhere – New Cal. Bill to Make Insurers Prove Otherwise
Insured's Lack of Knowledge of Tenant's Growing Marijuana Means Coverage Afforded for Fire Loss
An Obligation to Provide Notice and an Opportunity to Cure May not End after Termination, and Why an Early Offer of Settlement Should Be Considered on Public Works Contracts
Construction Calamity: Risk Transfer Tips for Contractors After a Catastrophic Loss
Uniformity in Florida’s Construction Bond Laws Brings About Fairness for the Industry
15 Wilke Fleury Lawyers Recognized in 2020 Northern California Super Lawyers and Rising Stars Lists
Fix for Settling Millennium Tower May Start This Fall
Consider Short-Term Lease Workouts For Commercial Tenants
Drone Operation in a Construction Zone
Funding the Self-Insured Retention (SIR)
Mediation Fails In Federal Lawsuit Seeking Damages From Sureties for Alleged Contract Fraud
Government Contracting & Construction Law
Fourth Circuit Finds False Claims Seeking Medicaid Reimbursement “Arise Out Of” Medical Incident Triggering E&O Coverage
Preserving Cash and Incentivizing Employees During a Pandemic
Home Construction Starts Jumped in June, Buoying Builders
Virginia Allows Condominium Association’s Insurer to Subrogate Against a Condominium Tenant
Request for Stay Denied in Dispute Over Coverage for Volcano Damage
We've Surveyed Video Conferencing Models to See Who Fits the CCPA Bill: Here's What We Found
A Court-Side Seat: NWP 12 and the Dakota Access Pipeline Easement Get Forced Vacations, while a Potential Violation of the Eighth Amendment Isn’t Going Anywhere
Colorado General Assembly Sets Forth Prerequisites for an Insurance Company to Use Failure to Cooperate as a Defense to a Claim for First Party Insurance Benefits
New York Court Discusses Evidentiary Standards for Policy Rescission Based on Material Misrepresentation
Ahlers Distinguished As Top Super Lawyer In Washington And Nine Firm Members Recognized As Super Lawyers Or Rising Stars
Privette: The “Affirmative Contribution” Exception, How Far Does It Go?
Vincent Alexander Named to Florida Trend’s Legal Elite
A Primer on Suspension and Debarment for Federal Construction Projects
Courts Are Ordering Remote Depositions as the COVID-19 Pandemic Continues
Will European Insurers’ Positive Response to COVID-19 Claims Influence US Insurers?
Employee Screening and Testing in the Covid-19 Era: Getting Back to Work
Webinar: Disproving the Top Eight Myths about Construction Arbitration
Texas – Supreme Court Issues Two Major Rulings About the Duty to Defend and the Eight-Corners Rule
Antibody Tests Cannot Be Required From Employees to Return to Work; Other New Covid-19 Guidance Issued
Mortgage Rates Slip to Record Low 2.98% for 30-Year Loans
Construction Manager’s Win in Michigan after Michigan Supreme Court Finds a Subcontractor’s Unintended Faulty Work is an ‘Occurrence’ Under CGL
Subcontractors Found Liable to Reimburse Insurer Defense Costs in Equitable Subrogation Action
No Coverage for Counterclaim Arising from Insured's Faulty Workmanship
A Court-Side Seat: Waters, Walls and Pipelines
New York Federal Court Enforces Construction Exclusion, Rejects Reimbursement Claim
Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes
Quick Note: COVID-19 Claim – Proving Causation
Colorado Legislative Update: HB 20-1155, HB 20-1290, and HB 20-1348
The Five-Step Protocol to Reopening a Business
Value in Recording Lien within Effective Notice of Commencement
Navigate the New Health and Safety Norm With Construction Technology
From Both Sides Now: Looking at Contracts Through a Post-Pandemic Lens
PPP Loan Extension Ending Aug. 8
CLE Bootcamp: Impact of the Pandemic, Protests, Status of the Administration and Economics
Insured’s Claim for Declaratory Relief in Coverage Dispute
Turner Construction is ENR Midwest Contractor of the Year
Embedding Better Urban Living – An Interview with Annalise Johns
Genuine Dispute Summary Judgment Reversed for Abuse of Discretion and Trial of Fact Questions About Expert Opinions
Proposed Legislation for Losses from COVID-19 and Limitations on the Retroactive Impairment of Contracts
California Mechanics’ Lien Case Treads Both Old and New Ground
No Coverage For Wind And Flood Damage Suffered From Superstorm Sandy
The COVID-19 Impact: Navigating the Legal Landscape’s New Normal
If You Don’t Like the PPP Now, Wait a Few Minutes…Major Changes to PPP Loan Program as Congress Passes Payroll Protection Program Flexibility Act
Sometimes You Get Away with Default (but don’t count on it)
Moving Toward a Telework Future: A Checklist of Considerations for Employers
Colorado Governor Polis’s Executive Order D 2020 101: Keeping Up with Colorado’s Shifting Eviction Landscape during COVID-19
Most Common OSHA Violations Highlight Ongoing Risks
When Coronavirus Cases Spike at Construction Jobsites
BIOHM Seeks to Turn Plastic Waste into Insulation Material with Mushrooms
Jury Trials and Mediation in Philadelphia County: Virtually in Person
NAWIC’s 65th Annual Conference
Event Cancellation Insurance During the COVID-19 Pandemic: Key Strategies
Contractor Haskell Hits Its Reset Button
Churches Are Building Housing Developments ‘in God’s Back Yard’
Proposed California Legislation Would Eliminate Certain Obstacles to Coverage for Covid-19 Business Income Losses
Contractor Sentenced to Seven Years for Embezzling $3 Million
California Appellate Court Holds “Minimal Causal Connection” Satisfies Causation Requirement in All Risk Policies
The Show Must Go On: Navigating Arbitration in the Wake of the COVID-19 Outbreak
Earth Movement Exclusion Precludes Coverage
California Court of Appeal Provides Clarity On What Triggers Supplemental Analysis Under California Environmental Quality Act
Another Reminder to ALWAYS Show up for Court
Haight’s John Arbucci and Kristian Moriarty Selected for Super Lawyers’ 2020 Southern California Rising Stars
Invest In America Act Offers 494 Billion In Funding to U.S. Infrastructure and Millions of New Jobs
Paycheck Protection Flexibility Act Of 2020: What You Need to Know
Return-to-Workplace Checklist: Considerations and Emerging Best Practices for Employers
First Look at Long List of AEC Firms Receiving PPP Loans
How to Build Climate Change-Resilient Infrastructure
Video Arbitration: What to Consider Before Jumping In
COVID-19 Claim for Business Interruption Remanded to State Court
Protecting Construction Workers from the Dangers of Hydrogen Sulfide
Face-Covering Policy Remains Flexible As Hoar Construction Confronts Two Virus-Troubled Projects
Illinois Federal Court Determines if Damages Are Too Remote
North Carolina Court Rules In Favor Of All Sums
A Glimpse Into Post-Judgment Collections and Perhaps the Near Future?
Virtual Jury Trials: The Next Wave of Remote Legal Practice
Crime Policy Insurance Quotes Falsely Represented the Scope of its Coverage
Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts
Think Twice Before Hedging A Position Or Defense On A Speculative Event Or Occurrence
A Court-Side Seat: Environmental Developments on the Ninth Circuit
Valerie A. Moore and Christopher Kendrick are JD Supra’s 2020 Readers’ Choice Award Recipients
OSHA Issues COVID-19 Guidance for Construction Industry
Foreclosing Junior Lienholders and Recording A Lis Pendens
U.S. Department of Defense Institutes New Cybersecurity Maturity Model Certification
Issues to Watch Out for When Managing Remote Workers
The 25th Annual Oregon Construction Law Seminar
Western District of New York Addresses Agency Prong of Additional Insured Coverage
ABC’s Construction Backlog Indicator Inches Higher in May; Contractor Confidence Continues to Rebound
Will Affordable Housing Ever Come Back to Colorado?
Court Affirms Summary Adjudication of Bad Faith Claim Where Expert Opinions Raised a Genuine Dispute
Global Insurer Agrees to Pay COVID-19 Business Interruption Claims
White and Williams LLP Secures Affirmation of Denial to Change Trial Settings Based on Plaintiffs’ Failure to Meet the Texas Causation Standard for Asbestos Cases
Federal Court Opinion Has Huge Impact on the Construction Industry
Balestreri Potocki & Holmes Attorneys Named 2020 Super Lawyers and Rising Star
Read Before You Sign: Claim Waivers in Project Documents
Ahlers, Cressman & Sleight PLLC Ranked Top Washington Law Firm By Construction Executive
MTA Implements Revised Contractors Debarment Regulations
Anthony Garasi, Jared Christensen and August Hotchkin are Recognized as Nevada Legal Elite
"Your Work" Exclusion Bars Coverage
Five Reasons to Hire Older Workers—and How to Keep Them
Pillsbury Insights – Navigating the Real Estate Market During COVID-19
Haight’s 2020 San Diego Super Lawyers and Rising Stars
AGC Construction Safety, Health & Environmental Virtual Conference
Accident Outside of Insured Location Not Covered
Get on the Path to Healthy Buildings With LEED
U.S. Pending Home Sales Post Record Gain, Exceed All Forecasts
Coverage for Faulty Workmanship Denied
A Court-Side Seat: May Brings Federal Appellate Courts Rulings and Executive Orders
Sometimes You Just Need to Call it a Day: Court Finds That Contractor Not Entitled to Recover Costs After Public Works Contract is Invalidated
Contractor Prevailing Against Subcontractor On Common Law Indemnity Claim
Gordon & Rees Ranks #5 in Top 50 Construction Law Firms in the Nation
Collapse of Underground Storage Cave Not Covered
HHMR is pleased to announce that David McLain has been selected as a 2020 Super Lawyer
Contract Provisions That Help Manage Risk on Long-Term Projects
Insurance Lawyers Recognized by JD Supra 2020 Readers' Choice Awards

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