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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - FRIDAY, DECEMBER 13, 2019
Despite Feds' Raised Bar, 2.8B Massachusetts Offshore Wind Project Presses On
Eight Ways to Protect a Construction Company Before a Claim Is Filed
Save the Date: ABA 2020 Forum on Construction Law Annual Meeting
ISO Modifies Wrap-Up Exclusion
Attract More Women to Construction With a Female-Friendly Environment and Culture
ENR New York’s 2019 Best Projects: Woolworth Tower Residences
Challenging and Defending a California Public Works Stop Payment Notice: Affidavit vs. Counter-Affidavit Process
California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien
Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in Construction Contracts
Why Builders Should Reconsider Arbitration Clauses in Construction Contracts
Georgia Supreme Court Addresses Anti-Indemnity Statute
Louisiana Court Holds That Application of Pollution Exclusion Would Lead to Absurd Results
Philadelphia Enacts Commercial Property Assessed Clean Energy (C-PACE) Program
Insurer Must Pay Portions of Arbitration Award Related to Faulty Workmanship
'Major' Mass. Gas Leak Follows Feds Call For Regulation Changes One Year After Deadly Gas Explosions
Never, Ever, Ever Assume! (Or, How a Stuck Shoe is Like a Construction Project Assumption)
General Indemnity Agreement Can Come Back to Bite You
Brenner Base Tunnelers Conquer Peaks and Valleys in the Alps
When Do Hard-Nosed Negotiations Become Coercion? Or, When Should You Feel Unlucky?
2020 ABC Convention
Bad Faith Insurance Quote Defeats Summary Judgment
Contractors Turn to Tech to Help Reduce Jobsite Safety Risks
ENR New York’s 2019 Best Projects: Fisher Houses
California Supreme Court Finds that the Notice-Prejudice Rule Applicable to Insurance is a Fundamental Public Policy of the State
Insurer Must Cover Portions of Arbitration Award
Texas Walks the Line on When the Duty to Preserve Evidence at a Fire Scene Arises
When it Comes to Trials, it’s Like a Box of Chocolates. Sometimes You Get the Icky Cream Filled One
In South Carolina, Insurer's Denial of Liability Does Not Waive Attorney-Client Privilege for Bad Faith Claim
Recent Third Circuit OSHA Decision Sounds Alarm for Employers and Their Officers
Randy Maniloff Recognized by U.S. News – Best Lawyers® as a "Lawyer of the Year"
With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it) [UPDATE]
Hunton Insurance Partner Syed Ahmad Named to Benchmark Litigation’s 2019 40 & Under Hot List
Preparing Your Business For Internal Transition
Six Reasons to Use Regular UAV Surveys on Every Construction Project
How a Robot-Built Habitat on Mars Could Change Construction on Earth
EPA Threatens Cut in California's Federal Highway Funds
AGC's Surety Bonding And Construction Risk Management Conference
Legionnaires’ Outbreak Raises Significant Insurance Issues
A How-to Guide for Recruiting Millennials to Construction
Regional Builders Grow Revenue At A Steady Pace
Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims
Florida Adopts Daubert Standard for Expert Testimony
New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion
Sweet News for Yum Yum Donuts: Lost Goodwill is Not an All or Nothing Proposition
Professor Stempel's Excpert Testimony for Insurer Excluded
One Way Arbitration Provisions are Enforceable in Virginia
Georgia Court of Appeals Holds That Insurer Must Defend Oil Company Against Entire Lawsuit
Best Lawyers® Recognizes 29 White and Williams Lawyers
Haight Welcomes New Attorneys to Los Angeles, Sacramento and San Francisco
Crane Firm Pulled Off NYC Projects Following Multiple Incidents
3D Printing Innovations Enhance Building Safety
World’s Biggest Crane Gets to Work at British Nuclear Plant
Building a Case: Document Management for Construction Litigation
Webinar Replay: Conducting and Evaluating Environmental Due Diligence for Real Estate Transactions
Let’s Keep It Civil: Appeals Court Ruling on Napoleonic Civil Code Provision Highlights the Importance of Insurance Coverage Reviews
Five Mounting Forces Disrupting the Construction Industry
NYC Affordable Infill Housing Plan Puts Design First
BHA Announces New Orlando Location
PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions
Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion
“I Didn’t Sign That!” – Applicability of Waivers of Subrogation to Non-Signatory Third Parties
Waiver of Subrogation Enforced, Denying Insurers Recovery Against Additional Insured in $500 Million Off-Shore Oil Rig Loss
Wilke Fleury Attorneys Awarded Sacramento Business Journal’s Best of the Bar
The Murky Waters Between "Good Faith" and "Bad Faith"
Wes Payne Receives Defense Attorney of the Year Award
Three lawyers from Haight were recognized in The Best Lawyers in America© 2020 Edition
Construction Contract Provisions that Should Pique Your Interest
Safety, Technology Combine to Change the Construction Conversation
‘I’m a Scapegoat,’ Says Former CEO of Dubai Construction Firm
Nebraska Court Ruling Backs Latest Keystone XL Pipeline Route
2019 Environmental Law Conference at Yosemite
Plan, Prepare, Prevent: How to Smoothly Navigate This Year’s Anticipated Active Hurricane Season
Navigating Aggressive Construction Timelines in the Hospitality Sector
Giving Heating Control to Residents is Good for the Environment
Illinois Favors Finding Construction Defects as an Occurrence
Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case
DC Circuit Rejects Challenge to EPA’s CERCLA Decision Regarding Hardrock Mining Industry
New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions
Jury Awards Aluminum Company 35 Million in Time Element Losses
Key Amendments to Insurance Claims-Handling Regulations in Puerto Rico
David A. Frenznick Awarded Multiple Accolades in the 2020 Edition of The Best Lawyers in America
What the FIU Bridge Collapse Says About Peer Review
DC Circuit Upholds EPA’s Latest RCRA Recycling Rule
Four Things Construction Professionals Need to Know About Asbestos
Washington State Enacts Law Restricting Non-Compete Agreements
Erector Tops Out 850-Foot-Tall Rainier Square Tower in Only 10 Months
Singapore Unveils Changes to Make Public Housing More Affordable
NAHB International Builders Show
Sixth Circuit Broadly Construes Policy Sublimit, Limits Recovery for Thai Factory Flood
Bridging the Gap Between Old and New Schools of Construction
More Housing? YIMBY, Please
Texas Supreme Court Holds that Invoking Appraisal Provision and Paying Appraisal Amount Does Not Insulate an Insurer from Damages Under the Texas Prompt Payment of Claims Act
Federal Miller Act Payment Bond Claim: Who Gets Paid and Who Does Not? What Are the Deadlines?
Colorado Supreme Court Decision Could Tarnish Appraisal Process for Policyholders
Techniques for Resolving Construction Disputes
Wilke Fleury Attorneys Highlighted | 2019 Northern California Super Lawyers
A Recap of the Supreme Court’s 2019 Summer Slate
Another Reason to Always Respond (or Hensel Phelps Wins One!)
Ahead of the Storm: Preparing for Dorian
Seeking Better Peer Reviews After the FIU Bridge Collapse
Ten Firm Members Recognized as Super Lawyers or Rising Stars
Dorian Lashes East Canada, Then Weakens Heading Out to Sea
Saudi Arabia Awards Contracts for Megacity Neom’s Worker Housing
In Pricey California, Renters Near Respite From Landlord Gouging
Construction Defects & HOAs Seminar
Can Policyholders Make A Claim Directly Against The Reinsurer Of Their Insolvent Insurance Company?
Avoid Tax Trouble by Ensuring Construction Workers Are Correctly Classified
U.S. Homebuilder Sentiment Improved in July on Stronger Sales
N.J. Appellate Court Confirms that AIA Construction Contract Bars Insurer's Subrogation Claim
140 Days Until The California Consumer Privacy Act Becomes Law - Why Aren't More Businesses Complying?
Insurer Not Required to Show Prejudice from an Insured’s Late Notice When the Parties Contract for a Specific Reporting Period
Arbitration and Mediation: What’s the Difference? What to Expect.
Lead Paint: The EPA’s Renovation, Repair and Painting Rule
White House’s New Draft Guidance Limiting NEPA Review of Greenhouse Gas Impacts Is Not So New or Limiting
Premises Liability: Everything You Need to Know
Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective Bargaining Relationships
Hunton Andrews Kurth Associate Cary D. Steklof Selected to Florida Trend’s Legal Elite Up & Comers List for 2019
DoD Will Require New Cybersecurity Standards in 2020: Could Other Agencies Be Next?
Construction Continues To Boom Across The South
OSHA’s Multi-Employer Citation Policy: What Employers on Construction Sites Need to Know
Know What You’ve Built: An Interview with Timo Makkonen of Congrid
CLSA North American Construction Law Symposium III
Firming in the Construction Insurance Market
From Duct Taping to Reinventing Construction – an Interview with Steve Holzer
This VC Firm Is Persuading Real Estate Rivals to Become Friends
Amendments to California Insurance Code to Require Enhanced Claims Handling Requirements for Claims Arising Out Of Catastrophic Events
Arizona Purchaser Dwelling Actions Are Subject to a New Construction
Traub Lieberman Partners Lenhardt and Smith Obtain Directed Verdict in Broward County Failed Repair Sinkhole Trial
The Importance of Preliminary Notices on Private Works Projects
Bid Bonds: The First Preventative Measure for Your Project
As the Term Winds Down, Several Important Regulatory Cases Await the U.S. Supreme Court
Newmeyer Dillion Attorneys Selected To The Best Lawyers In America© And Orange County "Lawyer Of The Year" 2020
Garlock Five Years Later: Recent Decisions Illustrate Ongoing Obstacles to Asbestos Trust Transparency
Crews Tested By Rocky Ground, Utility Challenges
What is a Personal Injury?
Hudson River PCB Cleanup Lands Back in Court
Saudi Prince’s Megacity Shows Signs of Life
Power to the Office Worker
CSLA 2019 International Conference and Induction of Fellows
OCIP And CCIP Insurance Overview
Eco-Friendly Mansions Can Hold Hidden Bargains for Home Buyers
Powell Says Tariffs and Immigration May Be Slowing Homebuilding
Alabama Supreme Court Reverses Determination of Coverage for Faulty Workmanship
Where There's Smoke...California's New Emergency Wildfire Smoke Protection Regulation And What Employers Are Required To Do
Indiana Federal Court Holds No Coverage for $50M Default Judgment for Lack of Timely Notice of Class Action
Preliminary Notices: Common Avoidable But Fatal Mistakes
Partner Bradley T. Guldalian Secures Summary Judgment Win for National Hotel Chain
Recent Bribery and Anti-Corruption Enforcement Trends in Global Construction Industry
As Some States Use the Clean Water Act to Delay Energy Projects, EPA Issues New CWA 401 Guidance
Reminder About the Upcoming Mechanic’s Lien Form Change
What is an Alternative Dispute Resolution?
How Berger’s Peer Review Role Figures In Potential Bridge Collapse Settlement
Mexico Settles With Contractors for Canceled Airport Terminal
The Future of High-Rise is Localized and Responsive
Design-build Trends, Challenges and Risk Mitigation
ABC Leadership Institute 2019
Hurricane Insurers Must Submit Data Call Worksheet to Hawaii Insurance Commissioner
Drones Do Deadly Work So You Don’t Have To
U.K.’s Arcane Land-Ownership Rules Targeted by Labour Party
Endorsement Excludes Replacement of Undamaged Property with Matching Materials
“Based On”… What Exactly? NJ Appellate Division Examines Phrase and Estops Insurer From Disclaiming Coverage for 20-Month Delay
Lump Sum Subcontract? Perhaps Not.
The Private Works: Preliminary Notice | Are You Using the Correct Form?
3 Common Cash Flow Issues That Plague The Construction Industry
Builder’s Risk Coverage—Construction Defects
Traub Lieberman Attorneys Jessica Burtnett and Jessica Kull Obtain Dismissal of Claim Against Insurance Producer Based Upon Statute of Limitations
Texas Approves Law Ensuring Fair and Open Competition
Dispute Review Boards for Real-Time Dispute Avoidance and Resolution
Know When Your Claim “Accrues” or Risk Losing It
The Advantages of Virtual Reality in Construction
N.J. Governor Fires Staff at Authority Roiled by Patronage Hires
Buy American Under President Trump: What to Know and Where We’re Heading
ABA 2019 Fall Meeting - Building a Better Construction Industry through Inclusion, Diversity, & Professionalism
Business Risk Exclusions Bar Coverage Whether or Not Operations Completed
The Top 50 Construction Law Firms™: Keeping a Sharp Eye on the Contract
Lennar Rises as Strong New Home Orders Signal Improving Market
Stormy Skies Ahead? Important News Regarding a Hard Construction Insurance Market
Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense
Appellate Court reverses district court’s finding of alter ego in Sedgwick Properties Development Corporation v. Christopher Hinds (2019WL2865935)
Motion to Strike Insurer's Expert Opinion Granted
Notice of Completion Determines Mechanics Lien Deadline
Quick Note: Not In Contract With The Owner? Serve A Notice To Owner.
Mandatory Arbitration Isn’t All Bad, if. . .
Crossrail Audit Blames Busted Budget and Schedule on Mismanagement
When Subcontractors Sue Only the Surety on Payment Bond and Tips for General Contractors
Concerns About On-the-job Safety Persist
Helsinki Stream City: A Re-imagining Outside the System
How Contractors Can Prevent Fraud in Their Workforce
Heathrow Speeds New-Runway Spending Before Construction Approval
Pacific Northwest Insurance Law Seminar
Summary Judgment for Partial Collapse Granted to Insurer
DOD Awards Border Fence Contracts, Has Plans for More
U.S. Existing Home Sales Top Estimates as All Four Regions Gain
California Court of Appeal Makes Short Work Trial Court Order Preventing Party From Supplementing Experts
Mind The Appeal Or: A Lesson From Auto-Owners Insurance Co. V. Bolt Factory Lofts Owners Association, Inc. On Timing Insurance Bad Faith And Declaratory Judgment Insurance Claims Following A Nunn-Agreement
Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole
Release Language Extended To Successor Entity But Only Covered “Known” Claims
No Coverage for Faulty Workmanship Based Upon Exclusion for Contractual Assumption of Liability
Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?
Congratulations to Haight’s 2019 Northern California Super Lawyers
Chicago Makes First Major Update to City's Building Code in 70 Years
Plan Ahead for the Inevitable Murphy’s Law Related Accident
Effectively Managing Project Closeout: It Ends Where It Begins
First Railroad Bridge Between Russia and China Set to Open
The Future of Construction Tech Is Decision Tech
New York Signs Biggest Offshore Wind Project Deal in the Nation
Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer
San Francisco Partner Steven Cvitanovic Speaking during PLI’s 21st Annual Commercial Real Estate Institute on November 8, 2019
Insurance Frauds Prevention Act Applies Broadly to Claims “Characterized in Any Way by Deceit”
NYC Green Bill Requires Major Retrofits on Largest Buildings
U.S. Housing Starts Stabilize as Building Permits Edge Up
Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage
Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole
Warning! Danger Ahead for Public Entities
What You Need to Know About Home Improvement Contracts
Terms of Your Teaming Agreement Matter
Congratulations to our 2019 Southern California Super Lawyers Rising Stars
Quick Note: Don’t Forget To Serve The Contractor Final Payment Affidavit
Dispute Waged Over Design of San Francisco Subway Job
Colorado Trench Collapse Kills Two
Survey Finds Tough Labor Market Top-of-mind for Busy Georgia Contractors
Four Dead After Crane Collapses at Google’s Seattle Campus
Know What’s Under Ground and Make Smarter Planning Decisions
The California Lawyers Association Annual Meeting
Insurer Not Required to Pay Twice When Contractor Cashes Jointly Payable Check Under Authority Granted in Construction Contract
Building TWA Hotel's Quiet Space in the Middle of JFK Airport
A Reminder to Renew Your Public Works Registration by June 30, 2019
Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act
90 and 150: Two Numbers You Must Know
Recent Environmental Cases: Something in the Water, in the Air and in the Woods
Consequential Damages Can Be Recovered Against Insurer In Breach Of Contract
How To Lock Disputes Out Of Your Project In Construction
Ahlers Cressman & Sleight Rated as One of the Top 50 in a Survey of Construction Law Firms in the United States
Repair of Fractured Girders Complete at Shuttered Salesforce Transit Center
Construction in Indian Country – What You Need To Know About Sovereign Immunity
The Firm Hits the 9 Year Mark!
Baltimore Project Pushes To Meet Federal Deadline
Mixed Reality for Construction: Applicability and Reality
Brazil’s Former President Turns Himself In to Police
Taking Service Network Planning to the Next Level
Construction Law & Government Contracting
Few Insurance-Related Bills Passed by 2019 Session of Hawaii Legislature
Midwest Floods are Hampering River Projects
Samsung Bets It Can Sell Smart-Home Tech by Building the Homes
Florida’s Citizens Property Insurance May Be Immune From Bad Faith, But Is Not Immune From Consequential Damages
SCOTUS Opens Up Federal Courts to Land Owners
MTA’S New Debarment Powers Pose an Existential Risk
Release Of “Unknown” Claim Does Not Bar Release Of “Unaccrued” Claim: Fair Or Unfair?
When an Insurer Proceeds as Subrogee, Defendants Cannot Assert Contribution Claims Against the Insured
Future Environmental Rulemaking Proceedings Listed in the Spring 2019 Unified Federal Agenda
Southern California Super Lawyers Recognizes Four Snell & Wilmer Attorneys As Rising Stars
Tetra Tech-U.S. Cleanup Dispute in San Francisco Grows
Major Change to Residential Landlord Tenant Law
Study Finds San Francisco Bay is Sinking Faster than Expected
Skilled Labor Shortage Implications for Construction Companies
Housing Starts Surge 23% in Comeback for Canadian Builders
The Business of Engineering: An Interview with Matthew Loos
The Business of Engineering: An Interview with Matthew Loos
26th Annual Washington Construction Law Seminar
Construction Bonds Explained
Number of Women in Construction Rises, but Underrepresentation Persists
This House Is Built to Stare Down a Hurricane
2019 Legislative Changes Affecting the Construction Industry
Claims for Negligence? Duty to Defend Triggered
Washington Court Tunnels Deeper Into the Discovery Rule
Quick Note: Remember to Timely Foreclose Lien Against Lien Transfer Bond
Iconic Seattle Center Arena Roof the Only Piece to Stay in $900-Million Rebuild
Picketing Threats
Environmental Roundup – May 2019
Think Twice About Depreciating Repair Costs in Our State, says the Tennessee Supreme Court

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