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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - MONDAY, APRIL 23, 2018
Bribe Charges Take Toll on NY Contractor
West Coast Casualty Construction Defect Seminar
No Coverage Defenses After Two-Year Delay to Appear In Declaratory Judgment Action
Home Prices Hit Records in Almost Two-Thirds of U.S. Cities
Construction Adds 36,000 Jobs in Jan., Jobless Rate Dips from 2017
And the Winner Is . . . The Right to Repair Act!
How Small Mistakes Can Have Serious Consequences Under California's Contractor Licensing Laws.
Modified Plan Unveiled for Chicago's Sixth-Tallest Tower
A New Hope - You Now May Have Coverage for Punitive Damages in Connecticut
What Rich Millennials Want in a Luxury Home: 20,000 Square Feet
Review the Terms and Conditions of Purchase Orders- They Could be Important!
Contractors: Consult Your Insurance Broker Regarding Your CGL Policy
Las Vegas Student Housing Developer Will Name Replacement Contractor
Construction Defect Claim Must Be Defended Under Florida Law
Open & Known Hazards Under the Kinsman Exception to Privette
Ambiguity Kills in Construction Contracting
Diggin’ Ain’t Easy: Remember to Give Notice Before You Excavate in California
New Spending Measure Has Big Potential Infrastructure Boost
Construction Contract Webinar
Negligent Misrepresentation Not Covered by Homeowner's Policy
Toronto Home Sales Plunge Under New Lending Rules
Productivity Gains Found in New BLS Data
Appellate Court Endorses Discretionary Test for Vicarious Disqualification of Law Firms Due To New Attorney’s Conflict
The Right to Repair Act (Civ.C §895 et seq.) Applies and is the Exclusive Remedy for a Homeowner Alleging Construction Defects
Florida Federal Court Reinforces Principle That Precise Policy Language Is Required Before An Insurer Can Deny Coverage Based On An Exclusion
Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs
Compliance with Building Code Included in Property Damage
2018 Super Bowl US. Bank Stadium in Minneapolis
The Indemnification Limitation in Section 725.06 does not apply to Utility Horizontal-Type Projects
U.S. Construction Spending Rose in 2017 by Least in Six Years
Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors
Whose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant Dispute
But Wait There’s More: Preserving Claims on Commonwealth Projects
The Contract Disputes Act: What Every Federal Government Contractor Should Know
Lessons Learned from Implementing Infrastructure BIM in Helsinki
CA Supreme Court: Right to Repair Act (SB 800) is the Exclusive Remedy for Residential Construction Defect Claims – So Now What?
Just Because You Label It A “Trade Secret” Does Not Make It A “Trade Secret”
Insurer Must Pay To Defend Product Defect Claims From Date Of Product Installation
Disputed Facts on Cause of Collapse Results in Denied Cross-Motions for Summary Judgment
You Are Your Brother’s Keeper. Direct Contractors in California Now Responsible for Wage Obligations of Subcontractors
Doctrine of Avoidable Consequences as Affirmative Defense
Big Bertha Lawsuits—Hitachi Zosen Weighs In
Insureds Survive Broker's Motion to Dismiss
Keith Bremer will be speaking at the Association of Southern California Defense Counsel, 57th Annual Seminar
This Rare Bear Who Called the Crash Warns Housing Is Too Hot Again
Contractor Faces Charges in 2016 Trench-Collapse Death
Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project.
Burden of Proof Under All-Risk Property Insurance Policy
Broker Not Negligent When Insured Rejects Additional Coverage
Retainage on Pennsylvania Public Contracts
Quick Note: Notice of Contest of Claim Against Payment Bond
Beware of Personal-Liability Clauses – Even When Signing in Your Representative Capacity
Construction Contract Workshop
OSHA Cites Contractor Following Trench Collapse
Rival Company Says Puerto Rico Deal to Rebuild Homes Was Unfairly Awarded
Lost Cattle and Milk Production Constitute Valid Claim Under Policy
California Supreme Court McMillin Ruling
THE CALIFORNIA SUPREME COURT HAS RULED THAT THE RIGHT TO REPAIR ACT (SB800) IS THE EXCLUSIVE REMEDY FOR CONSTRUCTION DEFECT CLAIMS NOT INVOLVING PERSONAL INJURIES WHETHER OR NOT THE UNDERLYING DEFECTS GAVE RISE TO ANY PROPERTY DAMAGE in McMillin Albany LL
SB800 CONFIRMED AS EXCLUSIVE REMEDY FOR CONSTRUCTION DEFECT CLAIMS
Life After McMillin: Do Negligence and Strict Liability Causes of Action for Construction Defects Still Exist?
When Does a Contractor Legally Abandon a Construction Project?
The Leaning Tower of San Francisco
The Little Ice Age and Delay Claims
2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others
Mediation v. Arbitration, Both Private Dispute Resolution but Very Different Sorts
Withdrawal of an Admission in California May Shift Costs—Including Attorneys’ Fees—Incurred in Connection with the Withdrawal
Assignment Endorsement Requiring Consent of All Insureds, Additional Insureds and Mortgagees Struck Down in Florida
2017 Colorado Construction Defect Recap: Colorado Legislature and Judiciary Make Favorable Advances for Development Community
Ohio Court of Appeals: Absolute Pollution Exclusion Bars Coverage For Workplace Coal-Tar Pitch Exposure Claims
Gunshot Wound Covered When Not Expected or Intended
Wildfires Threaten to Make Home Insurance Unaffordable
New Customer Service Role Raises Client Advocacy to Its Highest Level
Las Vegas's Economy Is on the Brink of a Boom
Live Webinar January 17th
No Coverage for Building's First Collapse, But Disputed Facts on Second Collapse
2018 California Construction Law Update
Does a Contractor (or Subcontractor) Have to Complete its Work to File a Mechanics Lien
Ohio Court of Appeals: Absolution Pollution Exclusion Bars Coverage for Workplace Coal-Tar Pitch Exposure Claims
Hiring Subcontractors with Workers Compensation Insurance
Case Alert Update: SDV Case Tabbed as One of New York’s Top Three Cases to Watch
Is the Issuance of a City Use Permit Referable? Not When It Is an Administrative Act
Texas Supreme Court to Rehear Menchaca Bad Faith Case
No Coverage Where Cracks in Basement Walls Do Not Amount to Sudden Collapse
Cutting the Salt Out: Tips for Avoiding Union Salting Charges
Does Arbitration Apply to Contemporaneously Executed Contracts (When One of the Contracts Does Not Have an Arbitration Provision)?
Florida Supreme Court: Notice of Right to Repair is a CGL “Suit,” SDV Amicus Brief Supports Decision
Half Moon Seminar: California Residential Code
London Luxury Home at ‘Unbelievable’ Discount Shows Price Falls
Construction Defect Claim Not Covered
Construction Set for $40-Million Music Center Plaza Renovation in Los Angeles
Happy New Year from CDJ
Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue
Approaches to Managing Job Site Inventory
U.S. Housing Starts Exceed Estimates After a Stronger December
Structural Failure of Precast-Concrete Span Sets Back Sydney Metro Job
Newmeyer & Dillion Announces Three New Partners
Properly Trigger the Performance Bond
How is Negotiating a Construction Contract Like Buying a Car?
How To Fix Oroville Dam
"Is the Defective Work Covered by Insurance?"
Colorado Senate Revives Construction Defects Reform Bill
Deducting 2018 Real Property Taxes Prepaid in 2017 Comes with Caveats
California Senator Proposes Bill to Require Contractors to Report Construction Defect Cases
Revisiting OSHA’s Controlling Employer Policy
U.S. Sales of Existing Homes Climb to an Almost 11-Year High
Behind the Curtain: What Every Contractor, Subcontractor and Their Counsel Needs to Know
San Francisco Issues Rules for High-Rise Foundations
SoftBank Leads $120 Million Funding in Fintech Startup Lemonade
Prevailing Parties Entitled to Contractual Attorneys’ Fees Under California CCP §1717 Notwithstanding Declaration That Contract is Void Under California Government Code §1090
County Sovereign Immunity Invokes Change-Order Ordinance
California Court Broadly Interprets Insurance Policy’s “Liability Arising Out of” Language
New York High Court: “Issued or Delivered” Includes Policies Insuring Risks in New York
Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co.
Additional Insured Is Covered Under On-Going Operations Endorsement Despite Subcontractor's Completion of Work
Specific Performance of an Option Contract to Purchase Real Property is Barred Absent Agreement on All Material Terms
CGL Insurer’s Duty to Defend Insured During Pre-Suit 558 Process: Maybe?
The Condo Conundrum: 10 Reasons Why There's a 'For Sale' Shortage in Seattle
In a Win for Design Professionals, California Court of Appeals Holds That Relation-Back Doctrine Does Not Apply to Certificate of Merit Law
Association Insurance Company v. Carbondale Glen Lot E-8, LLC: Federal Court Reaffirms That There Is No Duty to Defend or Indemnify A Builder For Defective Construction Work
Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage
Lorman Seminar: Ethics of Electronic Discovery and Forensics: Don’t Let Your Evidence Be Disqualified
Insurer Has Duty to Indemnify But No Duty to Defend
Hong Kong Property Doom Doesn't Begin at 1%
L.A. Gives Notice to Owners of Older Concrete Structures About Seismic Retrofits
California Court Confirms Broad Coverage Under “Ongoing Operations” Endorsements
The U.S. Flooded One of Houston’s Richest Neighborhoods to Save Everyone Else
AB 1701 – General Contractor Liability for Subcontractors’ Unpaid Wages
Insurer's Attempt to Limit Additional Insured Status Fails
Five-Year Statute of Limitations on Performance-Type Surety Bonds
When is a Residential Subcontractor not Subject to the VCPA? Read to Find Out
Exponential Acceleration—Interview with Anders Hvid
General Contractor’s Professional Malpractice/Negligence Claim Against Design Professional
Earthquake Hits Mid-Atlantic Region; No Immediate Damage Reports
Production of Pre-Denial Claim File Compelled
OSHA Again Pushes Back Record-Keeping Rule Deadline
Visual Construction Diaries – Interview with Jeff Sassinsky of Fovea Aero
Power of Workers Compensation Immunity on Construction Project
A Special CDJ Thanksgiving Edition
Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims
The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations
Colorado’s New Construction Defect Law Takes Effect in September: What You Need to Know
Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues
The 2017 ASCDC and CDCMA Construction Defect Seminar and Holiday Reception
Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires
Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims
$24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed to Prove Supplier’s Negligence or Breach of Contract Caused an SB800 Violation
Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure
2017 Legislative Changes Affecting the Construction Industry
California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different, Special Even
Oregon Supreme Court Confirms Broad Duty to Defend
HalfMoon Seminar: 2015 International Residential Code
Home Depot Says Slashing Tax Deductions Won't Hurt Housing Boom
House Passes Bill to Renew Flood Insurance Program
Growth to Remain Modest in 2018
Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues
N.J. Appellate Court Applies Continuous Trigger Theory in Property Damage Case and Determines “Last Pull” for Coverage
California Fire Lawyers File Suit Against PG&E on Behalf of More Than 50 Wildfire Victims
New Jersey Court Adopts Continuous Trigger for Construction Defect Claims
Does Your U.S. Company Pull Data From European Citizens? Fall In Line With GDPR by May 2018 or Suffer Substantial Fines
Ownership is Not a Conclusive Factor for Ongoing Operations Additional Insured Coverage
Are You a Construction Lienor?
Honoring Veterans Under Our Roof & Across the World
NYC Condo Skyscraper's Builder Wins a Round -- With a Catch
A UK Bridge That Is a Lesson on How to Build Infrastructure
Got Licensing Questions? CSLB Licensing Workshop November 17th and December 15th
Insurer's Summary Judgment Motion on Business Risk Exclusions Fails
Collaborating or Competing with Construction Tech Startups
Lorman Live Webinar: Basic Principles of Construction Insurance
Homebuilders Slide After GOP Tax Plan Caps Mortgage-Interest Break
NAIC Passes Insurance Data Security Model Law: What Insurers and Brokers Can Expect
Construction Begins on Historic Napa Courthouse Damaged by Earthquake
Connecticut Supreme Court to Review Several Issues in Asbestos Coverage Case
Puerto Rico Grid Restoration Plagued by Historic Problems, New Challenges
Like Water For Chocolate: Insurer Prevails Over Chocolatier In Hurricane Sandy Claim
FEMA, Congress Eye Pre-Disaster Funding, Projects
Wilke Fleury and Attorneys Recognized as ‘Best Law Firm’ and ‘Best Lawyers’ by U.S. News!
Insurer Need Not Pay for Rejected Defense When No Reservation of Rights Issued
Five "Boilerplate" Terms to Negotiate in Your Next Subcontract
AB 1701 – General Contractor Liability for Subcontractors’ Unpaid Wages
Privity Problems Continue for Additional Insureds in the Second Circuit
No Coverage for Foundation Collapse
Preparing the Next Generation of Skilled Construction Workers: AGC Workforce Development Plan
How Does Your Construction Contract Treat Float
Do You Have an Innovation Strategy?
DRI’s Insurance Coverage and Practice Symposium
Homebuilders' Record Deal Belies Industry's Anxiety About Taxes
Trump Signs $36.5B Disaster-Relief Bill
DOT Test Program Could Widen Construction Drone Use
The Road to Hell is Paved with Good Intentions: A.B. 1701’s Requirement that General Contractors Pay Subcontractor Employee Wages Will Do More Harm Than Good
California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis
Newmeyer & Dillion Named for Top-Tier Practice Areas in 2018 U.S. News – Best Law Firms List
OSHA Begins Enforcement of its Respirable Crystalline Silica in Construction Standard. Try Saying That Five Times Real Fast
Tips for Contractors Who Want to Help Rebuild After the California Wildfires
Broker for Homeowners Policy Has No Duty to Advise Insureds on Excess Flood Coverage
Haight Ranked in 2018 U.S. News - Best Lawyers "Best Law Firms" List
Understanding the Details: Suing Architects and Engineers Can Get Technical
Duty to Defend Sorted Between Two Insurers Based Upon Lease and Policies
White and Williams Earns National "Best Law Firm" Rankings from US News
Quick Note: Insurer’s Denial of Coverage Waives Right to Enforce Post-Loss Policy Conditions
The Contributors to This Blog Are Pleased to Announce That….
Construction Safety Technologies – Videos
HB Litigation Conferences’ Hurricane Claims Forum
U.S. New-Home Sales Unexpectedly Jump to Highest Since 2007
Houston Could Learn Something From Austin About Managing Stormwater
Why an Insurer Denied a Claim For a Storm-Battered Crane
New Jersey Supreme Court Hears Arguments on Coverage Gap Dispute
Sureties and Bond Producers May Be Liable For a Contractor’s False Claims Action Violation
Condominium Construction Defect Resolution in the District of Columbia
Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members
Coverage, Bad Faith Upheld In Construction Defect Case
San Diego Developer Strikes Out on “Disguised Taking” Claim
Spotting Problem Projects
California Court of Appeal Clarifies Intent of Faulty Workmanship Exclusions
Why You May Not Want a Mandatory Mediation Clause in Your Construction Contract
Recommencing Construction on a Project due to a Cessation or Abandonment
Wendel Rosen Attorneys Named as Fellows of the Construction Lawyers Society of America
Research Institute: A Shared Information Platform Reduces Construction Costs Considerably
Bill Taylor Co-Authors Chapter in Pennsylvania Construction Law Book
AGC’s 2018 Surety Bonding and Construction Risk Management Conference
Trump Wants to Curtail Flood Insurance in Flood-Prone Areas
Canadian Homebuilders Are Actually Having a Breakout Year
ASCE Tackles Climate Change in New Guide for Resilient Structures
AB 1701 Has Passed – Developers and General Contractors Are Now Required to Double Pay for Labor Due to Their Subcontractors’ Failure to Pay
Recent Changes in the Law Affecting Construction Defect Litigation
BE PROACTIVE: Steps to Preserve and Enhance Your Insurance Rights In Light of the Recent Natural Disasters
Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances Existed at Purchase
Contract Terms Can Impact the Accrual Date For Florida’s Statute of Repose
Connecticut Federal District Court Keeps Busy With Collapse Cases
UCF Sues Architects and Contractors Over Stadium Construction Defects
Hawaii Federal District Court Denies Brokers' MSJ on Duties Owed In Construction Defect Case
Court Holds That Self-Insured Retentions Exhaust Vertically And Awards Insured Mandatory Prejudgment Interest in Stringfellow Site Coverage Dispute
Sureties and Bond Producers May Be Liable For a Contractor’s False Claims Act Violations
Don’t Waive Your Right to Arbitrate (Unless You Want To!)
In Search of Cement Replacements
Lessons from the Sept. 19 Mexico Earthquake
NBI’s Construction Defect Litigation: From A to Z
NYC Developer Races Against Rules That Would Cut Tower in Half
New York City Adopts New Construction Safety Training Law
Obligations Under Indemnity Provision and Providing Insurance Coverage Separate
Philadelphia Court Rejects Expert Methodology for Detecting Asbestos
Texas Public Procurements: What Changed on September 1, 2017? a/k/a: When is the Use of E-Verify Required?
Utility Contractor Held Responsible for Damaged Underground Electrical Line
Wage Theft Investigations and Citations in the Construction Industry
Who Says You Can’t Choose between Liquidated Damages or Actual Damages?
Not So Unambiguous: California Court of Appeal Finds Coverage for Additional Insured
Coverage for Faulty Workmanship Found In South Dakota
Appeal of an Attorney Disqualification Order Results in Partial Automatic Stay of Trial Court Proceedings
Contractors and Force Majeure: Contractual Protection from Hurricanes and Severe Weather
Interior Designer Licensure
Risk Spotter Searches Internal Data Lakes For Loaded Words
BLOK, a Wired UK Hottest 100 Housing Market Startup, Gets Funding from a Renowned Group of Investors
4 Breakthrough Panama Canal Engineering Innovations
Kiewit’s Women’s Construction Leadership Seminar
Puerto Rico and the Consequences of Postponed Electrical Grid Upgrades
Reducing Uncertainty in Construction – Interview with Brittanie Campbell-Turner
Claim Made During Second Consecutive Policy Period Properly Denied
Rancosky Adopts Terletsky: Pennsylvania Supreme Court Sets Standard for Statutory Bad Faith Claims
Insured's Motion for Reconsideration on Protecting the Integrity of Referral Sources under Florida Statute s. 542.335
Bertha – The Tunnel is Finished, but Her Legacy Continues
The Dog Ate My Exclusion! – Georgia Federal Court: No Reformation to Add Pollution Exclusion
When Your “Private” Project Suddenly Turns into a “Public” Project. Hint: It Doesn’t Necessary Turn on Public Financing or Construction
Negligence of Property Appraiser
Falling Tree Causing Three Injuries/Deaths Is One Occurrence
Reminder: In Court (as in life) the Worst Thing You Can Do Is Not Show Up
Federal Interpleader Dealing with Competing Claims over Undisputed Payable to Subcontractor
Insured's Motion for Reconsideration on Denial of Coverage Unsuccessful
What Happens When a Secured Creditor Files a Late Claim in an Equity Receivership?
WSDOT Seeks Retraction of Waiver Excluding Non-Minority Woman-Owned Businesses from Participation Goals
Affirmed: Insureds Bear the Burden of Allocating Covered Versus Uncovered Losses
Miami's Downed Construction Cranes Spark Debate on Safety

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Public Safety Top Concern for Edinburg Schools

BBC Scotland reports on the defects found in Edinburg Schools.

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Storm Tracker Coverage in Lexington Kentucky

LEX 18 News reports on the aftermath of storm damage in Corbin and Boyle Counties.

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“Still too Early to say” what Caused Destructive Fire in Denver

Denver7 reports on the ongoing repairs and investigation following a massive fire at a construction site in uptown Denver.

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Humans and Machines, the Future of Construction

The Associated Press showcases the use of robots and drones in the construction industry.

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Is Construction to Blame for Florida Bridge Collapse?

The Today show discusses the reasons behind the collapse of a pedestrian bridge in Miami.

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Deadly Construction Fire in Denver

CBS Denver reports on the investigation into a tragic fire in Denver which could have been caused by the use of spray foam insulation.

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