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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - FRIDAY, JULY 10, 2020
These Pioneers Are Already Living the Green Recovery
Toll Brothers Surges on May Gain in Deposits for New Homes
Business Interruption Loss – The Battle for Coverage During the COVID-19 Pandemic
Will Contractors Limit Weather Risk With Indexed Insurance?
Construction Lien Foreclosure Action Must Be Brought In County Where Property Located
U.S. Homebuilder Sentiment Advances After Worst Slump Ever
4 Lessons Contractors Can Learn From The COVID-19 Crisis
Heads I Win, Tails You Lose. Court Finds Indemnity Provision Went Too Far
Safety Guidance for the Prevention of the Coronavirus on Construction Sites
Just When You Thought the Green Building Risk Discussion Was Over. . .
Not Remotely Law as Usual: Don’t Settle for Delays – Settle at Remote Mediation
Can an Owner Preemptively Avoid a Mechanics Lien?
Business Interruption Insurance Coverage Act of 2020: Yet Another Reason to Promptly Notify Insurers of COVID-19 Losses
White and Williams Announces Lawyer Promotions
Keep Your Construction Claims Alive in Crazy Economic Times
Why Construction Firms Should Think Differently on the Issue of Sustainability
Bankruptcy on a Construction Project: Coronavirus Edition
Workarounds for Workers' Comp Immunity: How to Obtain Additional Insured Coverage when the Named Insured is Immune from Suit
Online Meetings & Privacy in Today’s WFH Environment
Washington Construction Law Seminar
California Supreme Court Strikes Blow to Insurers' Choice-of-Law Provisions
What Every Federal Construction Contractor Should Know About the November 2019 Update to the Technical Assistance Guide
Another Reason to be Careful Before Walking
Vermont Supreme Court Reverses, Finding No Coverage for Collapse
First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period
Indemnification Against Release/“Disposal” of Hazardous Materials
Everyone’s Working From Home Due to the Coronavirus – Is There Insurance Coverage for a Data Breach?
Antitrust Walker Process Claims Not Covered Under Personal Injury Coverage for Malicious Prosecution
Congress Considers Pandemic Risk Insurance Act to Address COVID-19 Business Interruptions Losses
Colorado House Bill 20-1290 – Restriction on the Use of Failure to Cooperate Defense in First-Party Claims
Montrose III: Vertical Exhaustion Applies in Upper Layers of Excess Coverage
A Landlord’s Guide to California’s New Statewide Rent Control Laws
Re-Entering the Workplace: California's Guideline for Employers
AB5 Construction Exemption - A Checklist to Avoid Application of AB5's Three-Part Test
Measures Landlords and Property Managers Can Take in Response to a Reported COVID-19 Infection
Demonstrating A Fraudulent Inducement Claim Or Defense
Northwest Insurance Law Seminar
Disability Carriers Need to Brace for the Onslaught of COVID-19 Claims
Tightened New York City Facade Law Hikes Non-Compliance Penalties
Covid-19 May Fuel Migration From High-Cost Cities, Analyst Says
Not so Fast – Florida’s Legislature Overrules Gindel’s Pre-Suit Notice/Tolling Decision Related to the Construction Defect Statute of Repose
Liability Policy’s Arbitration Endorsement Applies to Third Party Beneficiaries, Including Additional Insureds
Privacy In Pandemic: Senators Announce Covid-19 Data Privacy Bill
IRMI Expert Commentary: Managing Insurance Coverage from Multiple Insurers
Vertical vs. Horizontal Exhaustion – California Supreme Court Issues Ruling Favorable to Policyholders
Largest US Dam Removal Stirs Debate Over Coveted West Water
The Unthinkable Has Happened. How Should Contractors Respond?
Once Again: Contract Terms Matter
Board of Directors Guidance When Addressing Emergency Circumstances Occasioned by the COVID-19 Pandemic
Prevent Costly Curb Box Damage Due on New Construction Projects
Illinois Insureds are Contesting One Carrier's Universal Denial to Covid-19 Losses
Seattle Expands Bridge Bioswale Projects
Loan Modifications Due to COVID-19 Pandemic: FDIC Answers CARES Act FAQs
ENR Future Tech Conference Moved to October
California Insurance Commissioner Issues Notice Requiring Insurance Carriers to Investigate Business Interruption Insurance Claims
What Will the Future Hold for the Construction Industry?
Covid-19 Update: California Legislators Urge Bay Area Counties To Relax Restrictions On Housing Construction
Are COVID-19 Claims Covered by Builders Risk Insurance Policies?
COVID-19 Information and Resources
California Courts Call a “Time Out” During COVID-19 –New Emergency Court Rules on Civil Litigation
Insurer Entitled to Reimbursement of Defense Costs Under Unjust Enrichment Theory
Nevada OSHA Provides Additional Requirements for Construction Employers to Address Feasibility of Social Distancing at Construction Sites
HB 20-1046 - Private Retainage Reform - Postponed Indefinitely
Bay Area Counties Issue Less Restrictive “Shelter in Place” Orders, Including for Construction
So, You Have a Judgment Against a California Contractor or Subcontractor. What Next? How Can I Enforce Payment?
California Appellate Court Confirms: Additional Insureds Are First-Class Citizens
Tips for Drafting Construction Contracts
Georgia House Bill Addresses Construction Statute of Repose
Enforcement Of Contractual Terms (E.G., Flow-Down, Field Verification, Shop Drawing Approval, And No-Damage-For-Delay Provisions)
Meet Some Key Players in 2020 Environmental Litigation
Groundbreaking Women in Construction Conference
California Insurance Commissioner Orders COVID-19 Premium Reduction Payments by Property & Casualty Insurers and Workers Compensation Insurers
COVID-19 Resources for the Construction Industry
U.S. Home-Building Permits Rise to Highest Since 2007
Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results
Staying the Course, Texas Supreme Court Rejects Insurer’s Argument for Exception to Eight-Corners Rule in Determining Duty to Defend
Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums
COVID-19 Response: Essential Business Operations: a High-Stakes Question Under Proliferating “Stay at Home” Orders
Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims
Stay-At-Home Orders and Work Restrictions with 50 State Matrix
Construction Legislation Likely to Take Effect July 1, 2020
All Aboard! COVID-19 Securities Suit Sets Sail, Implicates D&O Insurance
Do You Have A Florida’s Deceptive And Unfair Trade Practices Act Claim
COVID-19 Damages and Time Recovery: Contract Checklist and Analysis
Congratulations to Haight Attorneys Selected to the 2020 Southern California Super Lawyers List
Surveys: Hundreds of Design Professionals See Big COVID-19 Business Impacts
Solutions To 4 Common Law Firm Diversity Challenges
Upcoming Seminar Updates
Are You Covered for a Government-Ordered Shutdown?
COVID-19: Considerations for Field Service Teams
Are COVID-19 Claims Covered by Builders Risk Insurance Policies?
California Supreme Court Rejects Insurers' Bid for Horizontal Exhaustion Rule in New Montrose Decision
Draft Federal Legislation Reinforces Advice to Promptly Notify Insurers of COVID-19 Losses
French Laundry Spices Up COVID-19 Business Interruption Debate
You’ve Been Suspended – Were You Ready?
Is a Violation of a COVID-19 Order the Basis For Civil Liability?
First Suit to Enforce Business-Interruption Coverage Filed
COVID-19 Business Interruption Lawsuits Begin: Iconic Oceana Grill in New Orleans Files Insurance Coverage Lawsuit
COVID-19 Response: Environmental Compliance Worries in the Time of Coronavirus
Sick Leave, Paid Time Off, and the Families First Coronavirus Response Act
COVID-19 Impacts on Subcontractor Default Insurance and Ripple Effects
How to Build a Coronavirus Hospital in Ten Days
CISA Clarifies – Construction is Part of Critical Infrastructure Activities
Shutdowns? What A Covid-19-Safe Construction Site Looks Like
The 2020 West Coast Casualty Construction Defect Seminar Canceled and Replaced with Handout
Construction Insurance in a Time of COVID-19
California Construction in the Time of Covid-19
Governor Gavin Newsom Orders a Limited State-Wide Eviction Freeze for California Residential Tenants
Wait! Don’t Sign Yet: Reviewing Contract Protections During the COVID Pandemic
Seven Key Issues for Construction Professionals to Consider When Dealing With COVID-19
The Coronavirus, Zoom Meetings and Now a CCPA Class Action
Two More Lawsuits Filed Over COVID-19 Business Interruption Losses
Social Distancing and the Impact on Service of Process Amid the COVID-19 Pandemic
WARN Act Exceptions in Response to COVID-19
A Few Things You Might Consider Doing Instead of Binging on Netflix
New York Instructs Property Carriers to Advise Insureds on Business Interruption Coverage
Workers at Two NFL Stadiums Test Positive for COVID-19, But Construction Continues
ALERT: COVID-19 / Coronavirus-Related Ransomware and Phishing Attacks
City of Seattle Temporarily Shuts Down Public Works to Enforce Health and Safety Plans
COVID-19 Is Not Direct Physical Loss Or Damage
Will COVID-19 Permanently Shift the Balance between Work from Home and the Workplace?
The Thoughtful Contractor’s Approach to Subcontract Terms and Conditions
Insurance Coverage and COVID-19
How Coronavirus Is Impacting the Construction Industry
Work Halted at Boston Project Despite Loophole in Shutdown Order
Is There Direct Physical Loss Under A Property Policy When COVID-19 is Present?
M&A Representation and Warranty Insurance Considerations in the Wake of the Coronavirus Pandemic
Rent Increases During the Coronavirus Emergency Part II: Avoiding Violations Under California’s Anti-Price Gouging Statute
It Was a Wild Week for Just About Everyone. Ok, Make that Everyone.
Force Majeure, Construction Delays, Labor Shortages and COVID-19
Quick Note: Charting Your Contractual Rights With Respect To The Coronavirus
Trump Signs $2-Trillion Stimulus Bill for COVID-19 Emergency
Strategic Communication Considerations for Contractors Regarding COVID-19
Colorado Temporarily Requires Employers to Provide Sick Leave While Awaiting COVID-19 Testing
Emergency Paid Sick Leave and FMLA Leave Updates in Response to COVID-19
Blackouts Require a New Look at Backup Power
Force Majeure and COVID-19 in Construction Contracts – What You Need to Know
The Families First Coronavirus Response Act: What Every Employer Should Know
Introducing the C-PACE Webinar Series
“Direct Physical Loss or Damage”: The Gatekeeper to Property Insurance Coverage and COVID-19
New York Shuts More Projects As COVID-19 Cases Soar
Arizona Governor Ducey’s Executive Order on Residential Eviction Actions
The Pandemic of Litigation Sure to Follow the Coronavirus
First Suit Filed for Losses Caused by COVID-19
Coronavirus, Force Majeure, and Delay and Time-Impact Claims
COVID-19 Business Closure and Continuity Compliance Resource
“Families First Coronavirus Response Act”: Emergency Paid Leave for Construction Employers with Fewer Than 500 Employees
Coronavirus and Contract Obligations
Brown Act Modifications in Response to Coronavirus Outbreak
Be Proactive, Not Reactive, To Preserve Force Majeure Rights Regarding The Coronavirus
Construction in the Time of Coronavirus
COVID-19 Could Impact Contractor Performance Bonds
New York Shuts Down Majority of Construction
Latest Updates On The Coronavirus Pandemic
COVID-19 Response: Key Legal Considerations for Event Cancellations
Insurance for Construction Startups
How Gaps in Contractor-Owner Communication Are Impacting Multi-Site Projects
U.S. Existing-Home Sales Rise to Best Pace Since Early 2018
Determining the Cause of the Loss from a Named Windstorm when there is Water Damage - New Jersey
CCPA Class Action Lawsuits Are Coming. Are You Ready?
Understand and Define Key Substantive Contract Provisions
Leveraging the 50-State Initiative, Connecticut and Maine Team Secure Full Dismissal of Coverage Claim for Catastrophic Property Loss
Mutual Or Concurrent Delay Caused By Subcontractors
Buy America/Buy American, a Primer For Contractors
The OFCCP’s November 2019 Updated Technical Assistance Guide: What Every Federal Construction Contractor Should Know
Savera Sandhu Joins Newmeyer Dillion As Partner
What Sustainable Building Materials Will the Construction Industry Rely on in 2020?
Trump Administration Waives Border Wall Procurement Rules
Hunton Insurance Team Wins Summary Judgment on Firm’s Own Hurricane Harvey Business Income Loss
My Employees Could Have COVID-19. What Now?
Remote Work Issues to Consider in Light of COVID-19
ABC Convention 2020 Rescheduled for Aug. 17-19
Coronavirus and Business Interruption Coverage for Policyholders
Risk-Adjusted Cost: A New Frontier in Construction
Coronavirus (COVID-19) - Guidance for Contractors
New York Appellate Court Holds Insurers May Suffer Consequences of Delayed Payment of Energy Company Property and Business Interruption Claims
How AB5 has Changed the Employment Landscape
Is Your Business Insured for the Coronavirus?
Texas Federal Court Upholds Professional Services Exclusion to Preclude Duty to Defend
You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement
Policyholders' Coverage Checklist in Times of Coronavirus
Design-Assist Collaboration/Follow-up Post
Mississippi Floods Prompt New Look at Controversial Dam Project
Scope of Alaska’s Dump Lien Statute Substantially Reduced For Natural Gas Contractors
Australians Back U.S. Renewables While Opportunities at Home Ebb
Updated 3/13/20: Coronavirus is Here: What Does That Mean for Your Project and Your Business?
Washington High Court Holds Insurers Bound by Representations in Agent’s Certificates of Insurance
Wilke Fleury Secures Bid Protest Denial
West Coast Casualty Construction Defect Seminar
Three Key Insurance Issues to Consider In Securing Coverage for Coronavirus Losses
Four Ways Sustainable Cities Will Impact Urban Construction
U.S. Homebuilder Sentiment Posts Best Two Months Since 1999
Pennsylvania Supreme Court: Fair Share Act Does Not Preempt Common Law When Apportioning Liability
Idaho Supreme Court Address Water Exclusion in Commercial Property Exclusion
SEC Recommendations to Protect Against Cybersecurity Threats
Your Bad Faith Jury Instruction Against an Insurer is Important
Design-Build Contracting: Is the Shine Off the Apple?
Skipping Depositions does not Constitute Failure to Cooperate in New York
New California Construction Laws for 2020
The Washington Supreme Court Rules that a Holder of a Certificate of Insurance Is Entitled to Coverage
New Illinois Supreme Court Trigger Rule for CGL Personal Injury “Offenses” Could Have Costly Consequences for Policyholders
Policy Lanuage Expressly Prohibits Replacement of Undamaged Material to Match Damaged Material
Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause
AEM Pursuing ISO Standard for Earthmoving Grade-Control Data
Coronavirus Is Starting to Slow the Solar Energy Revolution
CLM 2020 Annual Conference
Ninth Circuit Affirms Insurer's Breach of Contract and Duty of Good Faith and Fair Dealing
September Construction Unemployment Rates Down in 48 States Year-Over-Year, Says ABC
U.S. Housing Starts Surged Last Month to Highest in 13 Years
Landlords, Brace Yourselves: New Law Now Limits Your Rental Increases & Terminations
Insurer Rejecting Construction Defect Claim Must Share in Defense Costs
Florida District Court Finds That “Unrelated” Design Errors Sufficient to Trigger “Related Claims” Provision in Architects & Engineers Policy
Fifth Circuit: Primary Insurer Relieved of Duty to Defend Without Release of Liability of Insured
Consider Manner In Which Loan Agreement (Promissory Note) Is Drafted
Construction May Begin with Documents, but It Shouldn’t End That Way
Karen Campbell, Kristen Perkins to Speak at CLM 2020 Annual Conference in Dallas
Navigating Abandonment of a Construction Project
Washington Supreme Court Upholds King County Ordinance Requiring Utility Providers to Pay for Access to County’s Right-of-Way and Signals Approval for Other Counties to Follow Suit
There's No Place Like Home
Define the Forum and Scope of Recovery in Contract Disputes
Nonparty Discovery in California Arbitration: How to Get What You Want
Understanding the California Consumer Privacy Act
Insurance in the Construction Industry Seminar
Hawaii Federal District Court Decides Choice of Law Dispute In Insured's Favor
The Future of Construction Depends on High School Students
Judge Orders New York City Tower Owner to Remove Up to 20 Floors
Collapse of Breezeway Attached to Building Covered
U.S. Supreme Court Oral Arguments: Maritime Charters and the Specter of a New Permitting Regime
NJ Transit’s Superstorm Sandy Coverage Victory Highlights Complexities of Underwriting Property Insurance Towers
Circumstances In Which Design Professional Has Construction Lien Rights
Is The Enforceability Of A No-Damage-For-Delay Provision Inappropriate For Summary Judgment
Federal Judge Issues Preliminary Injunction Blocking State's Enforcement of New Law Banning Mandatory Employee Arbitration Agreements
After More than Two Years, USDOT Rejects WSDOT’s Recommendation to Reinstate Non-Minority Women-Owned DBEs into DBE Participation Goals
The 2019 ISO Forms: Additions, Revisions, and Pitfalls
Nevada Senate Bill 435 is Now in Effect
Risk-Shifting Tactics for Construction Contracts
Traub Lieberman Elects New Partners for 2020
Trial Victory in San Mateo County!
Be Careful with Good Faith Payments
Act Naturally: Ethics in Construction Contract and Witness Preparation - "Meet to Empower" Series
Cyber Breach Claim Survives Insurer's Motion to Dismiss
Classification is the Bedrock to a Digital Built Environment
Federal Judge Temporarily Enjoins California From Enforcing AB 51
California Trial Court Clarifies Application of SB800 Roofing Standards and Expert’s Opinions
California Contractors – You Should Know That Section 7141.5 May Be Your Golden Ticket
AB5 Construction Exemption – A Checklist to Avoid Application of AB5’s Three-Part Test
Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens
Some Insurers Dismissed, Others Are Not in Claims for Faulty Workmanship
Maryland Finally set to Diagnose an Allocation Method for Progressive Injuries
A Changing Climate for State Policy-Making Regarding Climate Change
The United States Court of Appeals, Fourth Circuit, Finds Wrap-Up Exclusion Does Not Bar Coverage of Additional Insureds
Ways of Evaluating Property Damage Claims in Various Contexts
Corporate Formalities: A Necessary Part of Business
Sometimes a Reminder is in Order. . .
General Contractors Have Expansive Common Law and Statutory Duties To Provide a Safe Workplace
ABC, Via Construction Industry Safety Coalition, Comments on Silica Rule
The AGC Annual Convention
Insurer Must Honor Written Representation Made By its Agent in Certificate of Insurance
Keeping it Clean: Analytics Can Benefit Contractors—So Long as They Maintain Good ‘Data Hygiene’
Homeowners’ Negligence Claims against Builder Bears Significant Relationship to Construction Contracts and Are Therefore Arbitrable
Connecticut Answers Critical Questions Regarding Scope of Collapse Coverage in Homeowners Policies in Insurers’ Favor
Contractor Entitled to Defense for Alleged Faulty Workmanship of Subcontractor
Forethought Is Key to Overcoming Construction Calamities
Applying Mighty Midgets, NY Court Awards Legal Expenses to Insureds Which Defeated Insurer’s Coverage Claims
EPA Will Soon Issue the Latest Revision to the Risk Management Program (RMP) Chemical Release Rules
Is Your Home Improvement Contract Putting You At Risk?
Beginning of the 2020 Colorado Legislative Session: Here We Go Again
Landlord Duties of Repair and Covenant of Quiet Enjoyment
Congratulations to Jonathan Kaplan on his Promotion to Partner!
BIM Legal Liabilities: Not That Different

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