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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SUNDAY, MARCH 7, 2021
EPA Can't Evade Enviro Firm's $2.7M Cleanup Site Pay Claim, US Court Says
World’s Biggest Crane Lifts Huge Steel Ring at U.K. Nuclear Site
CLFT 34th Annual Construction Law Conference
How Are Insurers And Policyholders Faring in COVID-19 Business Interruption Coverage Litigation?
Massive Omnibus Bill Has Cuts and Hikes for Construction Programs
Lennar Targets 2 Billion for Major Single-Family Rental Push
Specific Performance: Equitable Remedy to Enforce Affirmative Obligation
St. Mary & St. John Coptic Orthodox Church v. SBS Insurance Services, Inc.
Render Unto Caesar: Considerations for Returning Withheld Sums
Federal District Court Declines Invitation to Set Scope of Appraisal
The G2G Year in Review: 2020
Famed NYC Bridge’s Armor Is Focus of Suit Against French Company
Another Exception to Fraud and Contract Don’t Mix
One Shot to Get It Right: Navigating the COVID-19 Vaccine in the Workplace
First Circuit Rules Excess Insurer Must Provide Coverage for Fuel Spill
Wilke Fleury Welcomes New Civil Litigation Attorney
AECOM Out as General Contractor on $1.6B MSG Sphere in Las Vegas
Transportation Officials Make the Best of a Bumpy 2020
Three Steps to a Safer Jobsite
Suzanne Mulvihill on Panel for ALFA International’s Virtual Seminar on Commercial Lease Disputes on February 17, 2021
Federal Court Provides Soothing Comfort for Spa’s COVID-19 Business Income Claim
California Poised For Growth Despite Pandemic Impacts, Regulations
U.S. Homebuilder Confidence Eases From Record, Remains Robust
Auburn Woods Homeowners Association v. State Farm General Insurance Company
What Makes Building Ventilation Good Enough to Withstand a Pandemic?
Top 10 Insurance Cases of 2020
Commentary: How to Limit COVID-19 Related Legal Claims
The Uncertain Future of the IECC
Burden Supporting Termination for Default
Time is of the Essence, Even When the Contract Doesn’t Say So
Industry Groups Decry Jan. 6 Riot; DOT Chief Chao Steps Down in Protest
No Trial Credit in NJ Appellate Decision for Non-Settling Successive Tortfeasors – Must Demonstrate Proof of Initial Tortfeasor Negligence and Proximate Cause
Insurer's In-House Counsel's Involvement in Coverage Decision Opens Door to Discovery
The Dangers of an Unlicensed Contractor from Every Angle
Boston Construction Bands With Health Care to Fight COVID-19
Elon Musk’s Proposed Vegas Strip Transit System Advanced by City Council Vote
AI in AEC Conference 2021
Federal Court Remands COVID-19 Case Presenting Novel and Important Issues of State Insurance Law
Four Ways to Instantly Improve Communication and Safety On Construction Sites
U.S. Housing Starts Rose For a Third-Straight Month in November
No Coverage for Collapse of Building
Washington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss Context
Withholding Payment or Having Your Payment Withheld Due to Disputes on Other Projects: Know Your Rights to Offset
Latin America’s Biggest Corporate Crime Gets a Worthy Epic
Read the Property Insurance Policy to be Sure You are Complying with Post Loss Obligations
Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Not for GC’s
Viewpoint: Firms Should Begin to Analyze Lessons Learned in 2020
Roadway Contractor Owed Duty of Care to Driver Injured Outside of Construction Zone
Winter COVID-19 Relief Bill: Overview of Key Provisions
Mechanics Lien Release Bond – What Happens Now? What exactly is a Mechanics Lien and Why Might it Need to be Released?
Relief Bill's Highway Funds Could Help Construction Projects
Congress Passes, President Signs Sweeping Energy Measure In Spend Bill
The Biggest Trials Coming to Courts Around the World in 2021
ABC Convention 2021
Engineering Coverage for Social Engineering Schemes in Light of New Jersey Federal Court Opinion Finding No Errors and Omissions Coverage for Email Scam
Traps on Mandatory Vaccination Rules in the Workplace
Million-Dollar Homebuying Soars With U.S. Rich on Shopping Binge
Federal District Court Finds Coverage Barred Because of Lack of Allegations of Damage During the Policy Period and Because of Late Notice
Court of Appeals Expands Application of Construction Statute of Repose
2021 California Construction Law Update
A Court-Side Seat: Appeals and Agency Developments at the Close of 2020
Additional Dismissals of COVID Business Interruption, Civil Authority Claims
Miller Act Payment Bond Surety Bound to Arbitration Award
If I Released My California Mechanics Lien, Can I File a New Mechanics Lien on the Same Project? Will the New Mechanics Lien be Enforceable?
Thank You for 14 Consecutive Years of Legal Elite Elections
Car Crashes Through Restaurant Window. Result: Lesson in the History of Additional Insured Coverage
Insured's Claim for Cyber Coverage Rejected
Address 'Your Work' Exposure Within CPrL Policies With Faulty Workmanship Coverage
Former Trump Atlantic City Casino Set for February Implosion
Getting U.S to Zero Carbon Will Take a $2.5 Trillion Investment by 2030
AGC WebEd: The Construction Regulatory Road Ahead
How COVID-19 Has Affected Risk in the Construction Industry
How Onsite Clinics Increase Health and Safety for Construction Employees
Toll Brothers’ Home Orders Soar in Rally for Luxury Sales
Rebuilding the West: Construction Considerations After the Smoke Clears
Massachusetts Pulls Phased Trigger On Its Statute of Repose
Do Not Lose Your Mechanics Lien Right Through a Subordination Agreement
Business Risk Exclusions Bar Faulty Workmanship Claim
COVID-izing Your Construction Contract
California Precludes Surety from Asserting Pay-When-Paid Provision as Defense to Payment Bond Claim
Subcontract Should Flow Down Delay Caused by Subcontractors
The “Climate 21 Project” Prepared for the New Administration
Hunton Insurance Coverage Group Ranked in National Tier 1 by US News & World Report
Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant
Considerations in Obtaining a Mechanic’s Lien in Maryland (Don’t try this at home)
Virtual Mediation – How Do I Make It Work for Me?
Lewis Brisbois’ Houston Office Selected as a 2020 Top Workplace by the Houston Chronicle
Government Contracting & Construction Law
Wildfires Are Close to Torching the Insurance Industry in California
COVID-19’s Long-Term Changes to the Construction Industry
World’s Top Lumber Firm Sees Homebuilding Surge Going Strong
Natural Disasters’ Impact on Construction in the United States
Alaska Supreme Court Finds Insurer Owes No Independent Duty to Injured Party
Don’t Sign a Contract that Doesn’t Address Covid-19 (Or Pandemics and Epidemics)
Colorado Requires Builders to Accommodate High-Efficiency Devices in New Homes
The Coverage Fun House Mirror: When Things Are Not What They Seem
Public Works Bid Protests – Who Is Responsible? Who Is Responsive?
Contractor Haunted by “Demonized” Flooring
You Have Choices (Litigation Versus Mediation)
The Looming Housing Crisis and Limited Government Relief—An Examination of the CDC Eviction Moratorium Two Months In
Defense Dept. IG: White House Email Stonewall Stalls Border Wall Contract Probe
Can You Really Be Liable For a Product You Didn’t Make? In New Jersey, the Answer is Yes
COVID-19 Response: California Occupational Safety and Health Standards Board Implements Sweeping New Regulations to Prevent COVID-19 in the Workplace
Nashville Stadium Bond Deal Tests Future of Spectator Sports
ABA Seminar: What You Don’t Know Can Hurt You and Your Client: Scheduling for Construction Attorneys, Part I
Insurance Companies Drop Appeal Against the London High Court’s Ruling in the FCA’s “Test-Case”
State Dept. Embassy Building Program Continues Busy Pace
Homebuilder Confidence Hits Another Record on U.S. Buying Boom
Court of Appeal Holds That Higher-Tiered Party on Construction Project Can be Held Liable for Intentional Interference with Contract
Massachusetts Clarifies When the Statute of Repose is Triggered For a Multi-Phase or Multi-Building Project
Documenting Contract Changes in Construction
Georgia Court of Appeals Upholds Denial of Coverage Because Insurance Broker Lacked Agency to Accept Premium Payment
Make Sure to Properly Perfect and Preserve Construction Lien Rights
North Carolina Federal Court Holds “Hazardous Materials” Exclusion Does Not Bar Duty to Defend Under CGL Policy for Bodily Injury Claims Arising Out of Direct Exposure to PFAs
When it Comes to COVID Emergency Regulations, Have a Plan
Three White and Williams Lawyers Named Top Lawyers by Delaware Today
Federal Judge Refuses to Limit Coverage and Moves Forward with Policyholder’s Claims Against Insurer and Broker
Be a Good Neighbor: Techniques to Mitigate the Risk of Claims from Adjacent Landowners
New York Appellate Division Reverses Denial of Landlord’s Additional Insured Tender
Hydrogen—A Key Element in the EU’s Green Planning
Formal Opinion No. 2020-203: How A Lawyer Is to Handle Access to Client Confidential Information and Anticipation of Potential Security Issues
PLI Building Better Construction Contracts 2020
MDL Panel Denies Consolidation for COVID-19 Insurance Cases for All Insurers (with One Exception)
Ford Begins Construction on $700-Million Rouge Center Expansion to Add Electric F-150 Production Line
U.S. Existing-Home Sales Unexpectedly Rise to Highest Since 2005
Hawaii Federal District Rejects Another Construction Defect Claim
Risk Protection: Force Majeure Agreements Take on Renewed Relevance
New York Appellate Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
A Primer on Insurance for Construction Projects
Sellers' Alleged Misrepresentation Does Not Amount To An Occurrence
Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” in four practice areas and Tier 2 in one practice area by U.S. News – Best Lawyers® “Best Law Firms” in 2021
Just When You Thought General Contractors Were Necessary Parties. . .
Charles Eppolito Appointed Vice-Chair of the PBA Judicial Evaluation Commission and Receives Prestigious “President’s Award”
How the Cumulative Impact Theory has been Defined
Power & Energy - Emerging Insurance Coverage Cases of Interest
Mitigating FCRA Risk Through Insurance
Keeping KeyArena's Landmark Lid Overhead at Climate Pledge Arena Redevelopment Is A 22,000-Ton Balancing Act
Termination of Construction Contracts
AGC WebEd: 2021 Construction Economic Look Ahead
Beyond General Liability Insurance: Other Liability Exposures to Be Aware Of
ABC Launches Tech Alliance to Help Contractors Transform the Construction Process
U.S. Housing Starts Increased More Than Forecast in October
Court Holds That One-Year SOL Applies to Disgorgement Claims Under B&P Section 7031
Woodbridge II and the Nuanced Meaning of “Adverse Use” in Hostile Property Rights Cases in Colorado
Update to Washington State Covid-19 Guidance
Because I Haven’t Mentioned Mediation Lately. . .
Litigation Privilege Saves the Day for Mechanic’s Liens
Quick Note: Steps to Protect and Avoid the “Misappropriation” of a “Trade Secret”
New York’s Second Department Holds That Carrier Must Pay Judgment Obtained by Plaintiff as Carrier Did Not Meet Burden to Prove Willful Non-Cooperation
OIRA Best Practices for Administrative Enforcement and Adjudicative Actions
NY Estimating Consultant Settles $3.1M Government Project Fraud Case
White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2021
Teaming Agreements- A Contract to Pursue a Solicitation and Negotiate
Court Holds That Insurance Producer Cannot Be Liable for Denial of COVID-19 Business Interruption Claim
Disrupt a Broken Industry—The Industrial Construction Sandbox
2021 Construction Safety & Health Virtual Conference
Failure to Plead Physical Loss or Damage Leads to Dismissal of COVID-19 Claim
How Low-Carbon Concrete Could Shape Sustainability in Construction
U.S. Existing Home Sales Rise to 14-Year High, Exceed Forecast
Are Untimely Repairs an “Occurrence” Triggering CGL Coverage?
You May Be Able to Dodge a Bullet, But Not a Gatling Gun
New Addition To New Jersey Court Rules Impacts More Than Trial Practice
Named Insured’s Liability Found Irrelevant to Additional Insured’s Coverage Under a Landlords and Lessors Additional Insured Endorsement
Measure of Damages for a Chattel Including Loss of Use
Traub Lieberman Attorneys Recognized as 2020 Super Lawyers and Rising Stars
Changes in the Law on Lien Waivers
DC Metro Extension’s Precast Supplier Banned from Federal Contracts
Congratulations 2020 DE, MA, NY and PA Super Lawyers and Rising Stars
The Goldilocks Rule: Panel Rejects Proposed Insurer-Specific MDL Proceedings for Four Large Insurers, but Establishes MDL Proceeding for the Smallest
A Court-Side Seat: Butterflies, Salt Marshes and Methane All Around
You Need to be a Contractor for Workers’ Compensation Immunity to Apply
The Secret to Success Is Doing Things a Little Bit Differently
Court Denies Remand of COVID-19 Case
Construction Adds 84,000 Jobs in October, Largest Gain Since June
Homebuyers’ Wallets Hammered as Prices for Plywood Substitute Spike
Illinois Federal Court Applies Insurer-Friendly “Mutual Exclusive Theories” Test To Independent Counsel Analysis
The California Privacy Rights Act Passed – Now What?
Business Risk Exclusions Dismissed in Summary Judgment Motion
Newmeyer Dillion Named 2021 Best Law Firm in Multiple Practice Areas by U.S. News-Best Lawyers
U.K. High Court COVID-19 Victory for Policyholders May Set a Trend in the U.S.
Equitable Lien Designed to Prevent Unjust Enrichment
Real Estate Trends: Looking Ahead to 2021
Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction
The Future of Pandemic Coverage for Real Estate Owners and Developers
Landmark Contractor Licensing Case Limits Disgorgement Remedy in California
NEHRP Recommendations Likely To Improve Seismic Design
The Power of Planning: Four Key Themes for Mitigating Risk in Construction
McCarthy Workers Test Fall-Protection Harnesses Designed to Better Fit Women
From Surviving to Thriving: SafetyCulture Virtual Summit 2020
Forum D & I Brunch: Access and Opportunity -Why the Construction Industry Needs Diversity to Survive and Thrive
Insuring Against Climate Change: How Traditional Insurers and Start-Up Companies are Implementing Innovative Technologies to Address Climate Risks
How the Construction Industry Weathers the COVID-19 Storm
U.S. Housing Starts Increase Amid Shift to Single-Family Homes
Eleventh Circuit Vacates District Court Decision Finding No Duty to Defend Faulty Workmanship Claims
Michigan Supreme Court Finds Faulty Subcontractor Work That Damages Insured’s Work Product May Constitute an “Occurrence” Under CGL Policy
The Pandemic, Proposed Federal Privacy Regulation and the CCPA
Economic Loss Rule Bars Claims Against Manufacturer
Changes to Va. Code Section 43-13: Another Arrow in a Subcontractor’s Quiver
Lucky No. 7: Seventh Circuit Court of Appeals Issues Pro-Policyholder Decision Regarding Additional Insured Coverage for Upstream Parties
Ex-Ironworkers Local President Sentenced to Prison Term for Extortion
Five Types of Structural Systems in High Rise Buildings
MDL Panel Grants Consolidation for One Group of COVID-19 Claims
Water Damage: Construction’s Often Unnoticed Threat
A Court-Side Seat: A FACA Fight, a Carbon Pledge and Some Venue on the SCOTUS Menu
Fungi, Wet Rot, Dry Rot and "Virus": One of These Things is Not Like the Other
English High Court Finds That Business-Interruption Insurance Can Cover COVID-19 Losses
Protecting Your Clients Against Construction Defect Claims
COVID-19 Halts Construction on $200M Anchor Project at Heartwood Preserve in Omaha
Building Space
Portland, Ore., Forges Ahead With Ambitious Affordable Housing Construction Goals
Comparative Breach of Contract – The New Benefit of the Bargain in Construction?
Insured's Experts Excluded, But Insurer's Motion for Summary Judgment Denied
Colorado’s Abbreviated Legislative Session Offers Builders a Reprieve
Despite Misapplying California Law, Federal Court Acknowledges Virus May Cause Physical Alteration to Property
Not Everything is a Pollutant: A Summary of Recent Cases Supporting a Common Sense and Narrow Interpretation of the CGL's Pollution Exclusion
Contractor’s Burden When It Comes to Delay
Chicago Debt Document Says $8.5B O'Hare Revamp May Be Delayed
Recent Federal Court Decision Favors Class Action Defendants
How Will Today’s Pandemic Impact Tomorrow’s Construction Contracts?
Top Five General Tips for All Construction Contracts
My Top 5 Innovations for Greater Efficiency, Sustainability & Quality
Landlords Challenge U.S. Eviction Ban and Continue to Oust Renters
Texas Federal District Court Dismisses COVID-19 Claim
NAHB 2021 Builders’ Show Goes Virtual
New York Appellate Court Confirms Insurers Must Advance Defense Costs Under D&O Policies
Innovative Strategies for LEED Certification in Green Building
New Home Construction in Canada Hits Its Highest Since 2007
Carrier Has Duty to Defend Claim for Active Malfunction of Product
Insurance Policies and Indemnity Provisions Are Not the Same
Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions
Skanska Will Work With Florida on Barge-Caused Damage to Pensacola Bay Bridge
Up in Smoke - 5th Circuit Finds No Coverage for Hydrochloric Acid Spill Based on Pollution Exclusion
First-Party Statutory Bad Faith – 60 Days to Cure Means 60 Days to Cure
As Laura Wreaks Havoc Along The Gulf, Is Your Insurance Ready to Respond?
Dump Site Provider Has Valid Little Miller Act Claim
Hurricane Laura: Implications for Insurers in Louisiana
David McLain Recognized Among the 2021 Edition of The Best Lawyers in America© for Construction Law
Statute of Limitations Bars Lender’s Subsequent Action to Quiet Title Against Junior Lienholder Mistakenly Omitted from Initial Judicial Foreclosure Action
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

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