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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - WEDNESDAY, JUNE 21, 2017

Construction Defect Journal Archives

Tokyo's Skyline Set to See 45 New Skyscrapers by 2020 Olympics
Georgia Passes Solar CUVA Bill
ADC 2017 Construction Defect Seminar
Historic NYC Building Aims for $1.35 Billion Condo Conversion
Insurers Fine-Tune Professional Liability Premiums
State Dept. Plans 6 More Embassy Contracts This Year
President Trump Nullifies “Volks Rule” Regarding Occupational Safety and Health Administration (OSHA) Recordkeeping Requirements
Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference
Ex-Pemex CEO Denies Allegations of Involvement in Brazil Scandal
Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations
SDNY Vacates Arbitration Award for Party-Arbitrator’s Nondisclosures
What is the Effect of an Untimely Challenge to the Timeliness of a Trustee’s Sale?
Montreal Bridge Builders Sue Canada Over New Restrictions
Consult with Counsel when Preparing Construction Liens
Bidders Shortlisted as Oroville Dam Work Schedule is Set
President Trump’s Infrastructure Plan Requires a Viable Statutory Framework (PPP Statutes)[i]
The New Jersey Theme Park Where Kids’ Backhoe Dreams Come True
Insurer's Motion to Dismiss Complaint for Failure to Cover Collapse Fails
Will On-Site Robotics Become Feasible in Construction?
AGC’s 2017 Federal Contractors Conference
Attorney Allowed to Withdraw When Insolvent Insurer No Longer Pays for Defense
How 'Normal' Activities Led to Three Fatal Construction Accidents
Miami Builder Colombo Forges Ahead With Condos Despite Slowdown
Ninth Circuit Finds No Coverage for Construction Defects Under California Law
“To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”
Subcontractors Must be Careful Providing Bonds when General Contractor Does Not
Hurdles with Triggering a Subcontractor Performance Bond
FBI Makes Arrest Related to Saipan Casino Construction
Intentionally Set Atlanta Interstate Fire Closes Artery Until June
Manhattan Townhouse Sells for a Record $79.5 Million
No Coverage for Tenant's Breach of Contract Claims
Steven Cvitanovic Recognized in JD Supra's 2017 Readers' Choice Awards
US-Mexico Border Wall Bids Include Tourist Attraction, Solar Panels
CSLB Releases New Forms and Announces New Fees!
Smart Cities Offer New Ideas for Connectivity
Coverage Under Builder's Risk Policy Properly Excluded for Damage to Existing Structure Only
HalfMoon’s Engineering Law and Ethics Seminar
No Bad Faith Failure to Indemnify for Punitive Damages
SummerHill Homes Group is Building Across California
Subcontractor Sentenced in Chicago DBE Fraud Case
Colorado House Bill 17-1279 – A Misguided Attempt at Construction Defect Reform
Construction Defects Survey Results Show that Warranty Laws Should be Strengthened for Homeowners & Condominium Associations
Colorado Finally Corrects Thirty-Year Old Flaw in Construction Defect Statute of Repose
Subcontractor’s Claim against City Barred by City’s Compliance with Georgia Payment Bond Statute
Utah Becomes First State to Enact the Uniform Commercial Real Estate Receivership Act
Useful Life: A Valuable Theory for Reducing Damages
United States Supreme Court Grants Certiorari in EEOC Subpoena Case
District of Oregon Predicts Oregon’s Place in “Plain Meaning” Pollution Camp
Construction Mezzanine Financing
President Trump Repeals Contractor “Blacklisting” Rule
Witt Named to 2017 Super Lawyers
Cyber Security Insurance and Design Professionals
To Sea or Not to Sea: Fifth Circuit Applies Maritime Law to Offshore Service Contract, Spares Indemnity Provision from Louisiana Oilfield Indemnity Act
2017 West Coast Casualty Construction Defect Seminar
U.S. Homebuilder Confidence Rises to Highest Since June 2005
Insurers Fine-Tune Professional Liability Premiums
How To Fix Oroville Dam
Homeowner Protection Act of 2007 Not Just for Individual Homeowners Anymore?
Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures
Local Government’s Claims on Developer Bonds Dismissed for Failure to Pursue Administrative Remedies
Connecticut Federal District Court Again Finds "Collapse" Provisions Ambiguous
Public Contract Code 9204 – A New Mandatory Claims Process for Contractors and Subcontractors – and a Possible Trap for the Unwary
Kahana & Feld P.C. Enhances Client Offerings, Expands Litigation Firm Leadership
Blog: Congress Strikes a Blow to President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673
Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue
Distinguishing Hawaii Law, New Jersey Finds Anti-Assignment Clause Ineffective
Communications between Counsel and PR Firm Hired by Counsel Held Discoverable
JD Supra’s 2017 Reader’s Choice Awards
Want to Stay Up on Your Mechanic’s Lien Deadlines? Write a Letter or Two
Preserving your Rights to Secure Payment on Construction Projects (with Examples)
$24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed to Prove Supplier’s Negligence or Breach of Contract Caused an SB800 Violation
"Is the Defective Work Covered by Insurance?"
A New Report Inspires Innovators to Redefine the AEC Industry
Trip Up the Grim Reaper with a Safety Program
36th Annual Real Property Law Section Retreat
Colorado Supreme Court Weighs in on Timeliness of Claims Against Subcontractors in Construction Defect Actions
Sanctions of $1.6 Million Plus Imposed on Contractor for Fabricating Evidence
Newmeyer & Dillion Announces Three New Partners
Subcontractor's Faulty Workmanship Is Not an "Occurrence"
New York Appeals Court Rekindles the Spark
Economic Damages and the Right to Repair Act: You Can’t Have it Both Ways
Common Construction Contract Provisions: No-Damages-for-Delay Clause
Mid-Session Overview of Colorado’s 2017 Construction Defect Legislation
America’s Infrastructure Gets a D+
Communicate with the Field to Nip Issues in the Bud
District Court denies Carpenters Union Motion to Dismiss RICO case- What it Means
Whether Subcontractor's Faulty Workmanship Is an Occurrence Creates Ambiguity
Old Case Teaches New Tricks
AGC’s 98th Annual Convention
Carlyle, CVC, KKR Said to Bid for Onex's USI Insurance
DHS Seeks Proposals for Border-Wall Prototypes
Best of the Best 2016: Residential/Hospitality: Community First! Village
California Supreme Court Declares that Exclusionary Rule for Failing to Comply with Expert Witness Disclosures Applies at the Summary Judgment Stage
No Occurrence Where Contract Provides for Delays
Subcontractor Not Estopped from Enforcing Lien Not Listed In Bankruptcy Petition
Colorado Senate Revives Construction Defects Reform Bill
Trump, Infrastructure and the Construction Industry
How is Negotiating a Construction Contract Like Buying a Car?
Miller Act and “Public Work of the Federal Government”
2017 Susan G. Komen Race for the Cure
Arizona Supreme Court Holds a Credit Bid at a Trustee’s Sale Should Not be Credited to a Title Insurer Under a Standard Lender’s Title Policy To the Extent the Bid Exceeds the Collateral’s Fair Market Value
Fence Attached to Building Covered Under Dwelling Provisions
Agree to Use your “Professional Best"? You may Lose Insurance Coverage! (Law Note)
Georgia Supreme Court Limits Damages Under Georgia Computer Systems Protection Act
Want to Use Drones in Your Construction Project? FAA Has Just Made It Easier.
NBI’s Construction Law: Advanced Issues and Answers
Quick Note: Importance of Equipment Floater Insurance
Actions by Judges and Lawmakers Could Alter Contracting in California
ENR Southwest Top Young Professionals: Top 20 Under 40
Insurer Must Defend and Indemnify Construction Defect Claims Under Iowa Law
The Burden of Betterment
Could You Be More Specific . . . About My Excess AI Coverage?
Following Mishaps, D.C. Metro Presses on With Repairs
Employees Versus Independent Contractors
Structural Failure of Precast-Concrete Span Sets Back Sydney Metro Job
Who Would Face Liability For Oroville Dam Management: Brett Moore Authors Law360 Article
Disappointment on an Olympian Scale After Rio 2016 Summer Games
Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured
Apple to Open Steve Jobs-Inspired Ring-Shaped Campus in April
Quick Note: Aim to Avoid a Stay to your Miller Act Payment Bond Claim
District Court Allows DBE False Claims Act Case to Proceed
Nationwide Immigrant Strike May Trigger Excusable Delay and Other Contract Provisions
Lorman Webinar: Fundamentals of California Construction Contracts
Insurer Cannot Escape Indemnity Obligations Through Cut-And-Paste Reservation of Rights
U.S. Housing Starts Exceed Estimates After a Stronger December
Senate Bill Would Bar Davis-Bacon on Highway Construction Projects
Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires
South Carolina Supreme Court Requires Transparency by Rejecting an Insurer’s “Cut-and-Paste” Reservation of Rights
When Construction Contracts Go Sideways in Bankruptcy
Judge Nixes SC's $100M Claim Over MOX Construction Delays
Duty to Defend Requires Payments Under Policy's Supplemental Payments Provision
General Contractors: Consider Importance of "Primary Noncontributory" Language
Whitney Stefko Named to ENR’s Top Young Professionals, formerly ENR’s Top 20 Under 40, in California
Suing a Local Government in Land Use Cases – Part 2 – Procedural Due Process
Water Backup Payment Satisfies Insurer's Obligation to Cover for Rain Damage
Reminder: The Devil is in the Mechanic’s Lien Details
Quick Note: Subcontractor Payment Bond = Common Law Payment Bond
The Conscious Builder – Interview with Casey Grey
Suing a Local Government in Land Use Cases – Part 1 – Substantive Due Process
Introduction to Insuring Construction Projects
Hawaii Legislature Considers Parametric Insurance for Hurricane Risk
Indian Developers Surge on Special Status for Affordable Housing
House Votes to Derail Contractor 'Blacklisting' Rule
Who Will Pay for San Francisco's $750 Million Tilting Tower?
Prime Contractor & Surety’s Recovery of Attorney’s Fees in Miller Act Lawsuit
New Hampshire Asbestos Abatement Firm Pleads Guilty in Federal Fraud Case
Holding the Bag for Pre-Tender Defense Costs
Guidance for Structural Fire Engineering Making Its Debut
"Damage to Your Product" Exclusion Bars Coverage
With an Eye Already in the Sky, Crane Camera Goes Big Data
Rattlesnake Bite Triggers Potential Liability for Walmart
Team Temporarily Stabilizes Delaware River Bridge Crack
Barratt Said to Suspend Staff as Contract Probe Continues
Can a Non-Signatory Invoke an Arbitration Provision?
Workers on Big California Bridge Tackle Oil Wells, Seismic Issues
New Nafta Could Settle Canada-U.S. Lumber War, Resolute CEO Says
Construction Insurance Bootcamp Webinar
Berkeley Group Said to Reject Bovis Merger Proposed by Schroders
Contractors Request and Pay For Untested Builders Risk Exclusions
Silica Rule Dustup at World of Concrete 2017
The Impact of Sopris Lodging v. Schofield Excavation on Timeliness of Colorado Construction Defect Claims
Delaware River Interstate Bridge Shut to Assess Truss Fracture
Newmeyer & Dillion Welcomes Three Associates to Newport Beach Office
California Supreme Court Upholds Insurance Commissioner’s Authority to Regulate Replacement Cost Estimates
Should I Pull the Pin? Contractor and Subcontractor Termination for Cause
First Trump Agenda Nuggets Hit Construction
Subcontractor Exception to "Your Work" Exclusion Does Not Apply to Coverage Under Subcontractor's Policy
Barratt Said to Suspend Staff as Contract Probe Continues
Boston-area Asbestos-Abatement Firms Face Wage and Safety Complaints
Reaffirming the Importance of Appeal Deadlines Under the Contract Disputes Act
A Quick Checklist for Subcontractors
Times Square Alteration Opened Up a Can of Worms
State Farm Unsuccessful In Seeking Dismissal of Qui Tam Case
Live Webinar: Building Operation & Energy Efficiency
Cal Beyer: Boosting Industry Awareness About Suicide Prevention
Finding Practical Uses for Mixed-Reality in Construction
Energy Sector Supports 2 Million Construction Jobs, Says Analysis
Sinking S.F. Tower Prompts More Lawsuits
Gilbane Project Exec Completes His Mission Against the Odds
Insurer Must Produce Documents After Failing To Show They Are Confidential
Incorporation, Indemnity and Statutes of Limitations, Oh My!
Sometimes you Need to Consider the Coblentz Agreement
Concurrent Causation Doctrine Applies Where Natural and Man-made Perils Combine to Create Loss
Supreme Court of California Rules That Trial Court Lacking Subject Matter Jurisdiction May Properly Grant Anti-SLAPP Motion on That Basis, and Award Attorney’s Fees
California Enacts New Claims Resolution Process for Public Works Projects
Common Construction Contract Provisions: Indemnity Provisions
Tender the Defense of a Lawsuit to your Liability Carrier
Building with Recycled Plastics – Interview with Jeff Mintz of Envirolastech
Be Careful How You Terminate: Terminating for Convenience May Limit Your Future Rights
Proposed Changes to Federal Lease Accounting Standards
RPPTL’s Construction Law Institute Seminar
Panel Finds Canadian Softwood Lumber Imports Harm U.S. Producers
Contractors Request and Pay For Untested Builders Risk Exclusions
EB-5 Immigrant Investor Program Offers Boost To P3s
Bert L. Howe & Associates Returns as a Sponsor at the 30th Annual Construction Law Conference in San Antonio
Insurer Must Defend Where Possible Continuing Property Damage Occurred
BHA at the 10th Annual Construction Law Institute, Orlando
No Coverage for Construction Defects Under Arkansas Law
Significant Issues Test Applies to Fraudulent Claims to Determine Attorney’s Fees
Oregon Supreme Court Confirms Broad Duty to Defend
Hawaii Federal District Court Again Rejects Coverage for Faulty Workmanship
White and Williams Elects Four Lawyers to Partnership, Promotes Six Associates to Counsel
Steven Cvitanovic to Present at NASBP Virtual Seminar
2017 California Employment Law Update
Design Professional Needs a License to be Sued for Professional Negligence
New Megablimp to Deliver to Remote Alaskan Construction Sites
Deleted Emails Cost Company $3M in Sanctions
Mountain States' Construction Leaders See a Building Boom, More Workforce Issues Ahead in 2017
The Construction Risk Picture Remained Busy in 2016
NASP 2017 Subrogation Litigation: Skills and Management Conference
Using Portable Line Boring Machines for Construction Equipment Maintenance
Court Finds No Occurrence for Installation of Defective flooring and Explains Coverage for Attorney Fee Awards
Application of Set-Off When a Defendant Settles in Multiparty Construction Dispute
National Lobbying Firm Opens Colorado Office, Strengthening Construction Defect Efforts
Construction Injuries Under the Privette Doctrine. An Electrifying, but Perhaps Not Particularly Shocking, Story . . .
Surety's Settlement Without Principal's Consent Is Not Bad Faith
Court of Appeals Invalidates Lien under Dormancy Clause
Commonwealth Court Strikes Blow to Philly Window and Door Ordinance
Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage
Properly Trigger the Performance Bond
Philadelphia Revises Realty Transfer Tax Treatment of Acquired Real Estate Companies
In Real Life the Bad Guy Sometimes Gets Away: Adding Judgment Debtors to a Judgment
Private Project Payment Bonds and Pay if Paid in Virginia
Big Policyholder Win in Michigan
Prudential Whistle-Blower Rocks the Boat on Wells Fargo Scandal
DRI Construction Law Seminar
Confidence Among Homebuilders in U.S. Surges to an 11-Year High
ARTBA Hopes to Train Thousands in Safety
Additional Insured Not Entitled to Coverage for Post-Completion Defects
Florida’s Supreme Court Resolves Conflicting Appellate Court Decisions on Concurrent Causation
Foreman in Fatal NYC Trench Collapse Gets Jail Sentence
Texas Jury Awards $5.3 Million to Company Defamed by Union: Could it work in Pennsylvania?
Google, Environmentalists and University Push Methane-Leak Detection
Negligence Per Se Claim Based Upon Failure to Pay Benefits Fails
What Does “Mold Resistant” Really Mean?
Melissa Pang Elected Vice President of APABA-PA Board of Directors
Steel-Fiber Concrete Link Beams Perform Well in Tests
2017 Construction Outlook: Slow, Mature Growth, but No Decline, Expected
Update: Where Did That Punch List Term Come From Anyway?
Hawaii Federal District Court Denies Motion for Remand
Benefits and Pitfalls of Partnerships Between Companies
Significant Victory for the Building Industry: Liberty Mutual is Rejected Once Again, This Time by the Third Appellate District in Holding SB800 is the Exclusive Remedy
Lorman’s Implied Obligations in Construction Contracts Live Webinar
Challengers Losing Battle To Derail Updated Structural Standard
FEMA's Director Wants Capitalism to Protect Us From Climate Change
Viewpoint: So Who Is the Designer In Construction Projects, Anyway?
How to Survive the Insurance Claim Process Before It Starts –Five Tips to Keep Your Insurance Healthy
Louisiana District Court Declines to Apply Total Pollution Exclusion
Second Circuit Certifies Question Impacting "Bellefonte Rule"
General Contractor’s Excess Insurer Denied Equitable Contribution From Subcontractor’s Excess Insurer
Bad Faith in the First Party Insurance Context
Engineer and CNA Dispute Claim Over Dual 2014 Bridge Failures
Courts Take Another Swipe at the Implied Warranty of the Plans and Specifications
Heathrow Tempts Runway Opponents With $1,200 Christmas Sweetener
2017 California Construction Law Update
Manhattan Site for Supertall Condo Finds New Owner at Auction
Insured's Expert Qualified, Judgment for Coverage Affirmed
Fire Damages Unfinished Hospital Tower at NYU Langone Medical Center
NBI’s Troubleshooting Construction Project Legal Issues Seminar
Home Insurance, but With a Philanthropic Twist
The Home Office Is Dying
Toll Brothers Finds Chinese Partner for Latest NYC Condo Project
Following Pennsylvania Trend, Federal Court Finds No Coverage For Construction Defect
Designers Face Fatal Pedestrian Bridge Collapse Fallout
The Biggest Change to the Mechanics Lien Law Since 1963
UPDATE: Texas Federal Court Permanently Enjoins U.S. Department of Labor “Persuader Rule” Requiring Law Firms and Other Consultants to Disclose Work Performed for Employers on Union Organization Efforts
Insurance Tips for Contractors
Benefits to Insureds Under Property Insurance Policy – Concurrent Cause Doctrine
Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship
LA Metro To Pay Kiewit $297.8M Settlement on Freeway Job

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