constructiondefectjournal.com
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SATURDAY, SEPTEMBER 19, 2020
Will European Insurers’ Positive Response to COVID-19 Claims Influence US Insurers?
Employee Screening and Testing in the Covid-19 Era: Getting Back to Work
Webinar: Disproving the Top Eight Myths about Construction Arbitration
Texas – Supreme Court Issues Two Major Rulings About the Duty to Defend and the Eight-Corners Rule
Antibody Tests Cannot Be Required From Employees to Return to Work; Other New Covid-19 Guidance Issued
Mortgage Rates Slip to Record Low 2.98% for 30-Year Loans
Construction Manager’s Win in Michigan after Michigan Supreme Court Finds a Subcontractor’s Unintended Faulty Work is an ‘Occurrence’ Under CGL
Subcontractors Found Liable to Reimburse Insurer Defense Costs in Equitable Subrogation Action
No Coverage for Counterclaim Arising from Insured's Faulty Workmanship
A Court-Side Seat: Waters, Walls and Pipelines
New York Federal Court Enforces Construction Exclusion, Rejects Reimbursement Claim
Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes
Quick Note: COVID-19 Claim – Proving Causation
Colorado Legislative Update: HB 20-1155, HB 20-1290, and HB 20-1348
The Five-Step Protocol to Reopening a Business
Value in Recording Lien within Effective Notice of Commencement
Navigate the New Health and Safety Norm With Construction Technology
From Both Sides Now: Looking at Contracts Through a Post-Pandemic Lens
PPP Loan Extension Ending Aug. 8
CLE Bootcamp: Impact of the Pandemic, Protests, Status of the Administration and Economics
Insured’s Claim for Declaratory Relief in Coverage Dispute
Turner Construction is ENR Midwest Contractor of the Year
Embedding Better Urban Living – An Interview with Annalise Johns
Genuine Dispute Summary Judgment Reversed for Abuse of Discretion and Trial of Fact Questions About Expert Opinions
Proposed Legislation for Losses from COVID-19 and Limitations on the Retroactive Impairment of Contracts
California Mechanics’ Lien Case Treads Both Old and New Ground
No Coverage For Wind And Flood Damage Suffered From Superstorm Sandy
The COVID-19 Impact: Navigating the Legal Landscape’s New Normal
If You Don’t Like the PPP Now, Wait a Few Minutes…Major Changes to PPP Loan Program as Congress Passes Payroll Protection Program Flexibility Act
Sometimes You Get Away with Default (but don’t count on it)
Moving Toward a Telework Future: A Checklist of Considerations for Employers
Colorado Governor Polis’s Executive Order D 2020 101: Keeping Up with Colorado’s Shifting Eviction Landscape during COVID-19
Most Common OSHA Violations Highlight Ongoing Risks
When Coronavirus Cases Spike at Construction Jobsites
BIOHM Seeks to Turn Plastic Waste into Insulation Material with Mushrooms
Jury Trials and Mediation in Philadelphia County: Virtually in Person
NAWIC’s 65th Annual Conference
Event Cancellation Insurance During the COVID-19 Pandemic: Key Strategies
Contractor Haskell Hits Its Reset Button
Churches Are Building Housing Developments ‘in God’s Back Yard’
Proposed California Legislation Would Eliminate Certain Obstacles to Coverage for Covid-19 Business Income Losses
Contractor Sentenced to Seven Years for Embezzling $3 Million
California Appellate Court Holds “Minimal Causal Connection” Satisfies Causation Requirement in All Risk Policies
The Show Must Go On: Navigating Arbitration in the Wake of the COVID-19 Outbreak
Earth Movement Exclusion Precludes Coverage
California Court of Appeal Provides Clarity On What Triggers Supplemental Analysis Under California Environmental Quality Act
Another Reminder to ALWAYS Show up for Court
Haight’s John Arbucci and Kristian Moriarty Selected for Super Lawyers’ 2020 Southern California Rising Stars
Invest In America Act Offers 494 Billion In Funding to U.S. Infrastructure and Millions of New Jobs
Paycheck Protection Flexibility Act Of 2020: What You Need to Know
Return-to-Workplace Checklist: Considerations and Emerging Best Practices for Employers
First Look at Long List of AEC Firms Receiving PPP Loans
How to Build Climate Change-Resilient Infrastructure
Video Arbitration: What to Consider Before Jumping In
COVID-19 Claim for Business Interruption Remanded to State Court
Protecting Construction Workers from the Dangers of Hydrogen Sulfide
Face-Covering Policy Remains Flexible As Hoar Construction Confronts Two Virus-Troubled Projects
Illinois Federal Court Determines if Damages Are Too Remote
North Carolina Court Rules In Favor Of All Sums
A Glimpse Into Post-Judgment Collections and Perhaps the Near Future?
Virtual Jury Trials: The Next Wave of Remote Legal Practice
Crime Policy Insurance Quotes Falsely Represented the Scope of its Coverage
Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts
Think Twice Before Hedging A Position Or Defense On A Speculative Event Or Occurrence
A Court-Side Seat: Environmental Developments on the Ninth Circuit
Valerie A. Moore and Christopher Kendrick are JD Supra’s 2020 Readers’ Choice Award Recipients
OSHA Issues COVID-19 Guidance for Construction Industry
Foreclosing Junior Lienholders and Recording A Lis Pendens
U.S. Department of Defense Institutes New Cybersecurity Maturity Model Certification
Issues to Watch Out for When Managing Remote Workers
The 25th Annual Oregon Construction Law Seminar
Western District of New York Addresses Agency Prong of Additional Insured Coverage
ABC’s Construction Backlog Indicator Inches Higher in May; Contractor Confidence Continues to Rebound
Will Affordable Housing Ever Come Back to Colorado?
Court Affirms Summary Adjudication of Bad Faith Claim Where Expert Opinions Raised a Genuine Dispute
Global Insurer Agrees to Pay COVID-19 Business Interruption Claims
White and Williams LLP Secures Affirmation of Denial to Change Trial Settings Based on Plaintiffs’ Failure to Meet the Texas Causation Standard for Asbestos Cases
Federal Court Opinion Has Huge Impact on the Construction Industry
Balestreri Potocki & Holmes Attorneys Named 2020 Super Lawyers and Rising Star
Read Before You Sign: Claim Waivers in Project Documents
Ahlers, Cressman & Sleight PLLC Ranked Top Washington Law Firm By Construction Executive
MTA Implements Revised Contractors Debarment Regulations
Anthony Garasi, Jared Christensen and August Hotchkin are Recognized as Nevada Legal Elite
"Your Work" Exclusion Bars Coverage
Five Reasons to Hire Older Workers—and How to Keep Them
Pillsbury Insights – Navigating the Real Estate Market During COVID-19
Haight’s 2020 San Diego Super Lawyers and Rising Stars
AGC Construction Safety, Health & Environmental Virtual Conference
Accident Outside of Insured Location Not Covered
Get on the Path to Healthy Buildings With LEED
U.S. Pending Home Sales Post Record Gain, Exceed All Forecasts
Coverage for Faulty Workmanship Denied
A Court-Side Seat: May Brings Federal Appellate Courts Rulings and Executive Orders
Sometimes You Just Need to Call it a Day: Court Finds That Contractor Not Entitled to Recover Costs After Public Works Contract is Invalidated
Contractor Prevailing Against Subcontractor On Common Law Indemnity Claim
Gordon & Rees Ranks #5 in Top 50 Construction Law Firms in the Nation
Collapse of Underground Storage Cave Not Covered
HHMR is pleased to announce that David McLain has been selected as a 2020 Super Lawyer
Contract Provisions That Help Manage Risk on Long-Term Projects
Insurance Lawyers Recognized by JD Supra 2020 Readers' Choice Awards
Paycheck Protection Program Forgiveness Requirements Adjusted
Partner Vik Nagpal is Recognized as a Top Lawyer of 2020
Reminder: Just Being Incorporated Isn’t Enough
Eliminating Waste in Construction – An Interview with Turner Burton
USLAW Network Women’s Connection—Month of Virtual Events
“Other Insurance” Provisions To Limit Insurer’s Risk
Technology—The Future of the Construction Industry
U.S. Homebuilder Optimism Makes Record Gain as Buyers Return
Illinois Appellate Court Finds That Damages in Excess of Policy Limits Do Not Trigger Right to Independent Counsel
It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit
Priority of Liability Insurance Coverage and Horizontal and Vertical Exhaustion
Colorado Legislature Kills SB 20-138 – A Bill to Extend Colorado’s Statute of Repose
Newmeyer Dillion Attorneys Named to 2020 Southern California Rising Stars List
CISA Guidance 3.1: Not Much Change for Construction
Sanctions Award Against Pro Se Plaintiff Upheld
Construction Trust Fund Statutes: Know What’s Required in the State Where Your Project Is Underway
Corps Proposes $4.6B Plan to Steel Miami for Storm Surge
Defining a Property Management Agreement
California Assembly Passes Expedited Dam Safety for Silicon Valley Act
LEEDigation: A Different Take
Do We Need Blockchain in Construction?
Save the Date: CLFT Construction Law Conference
How Surety Bonds and Subcontractor Default Insurance Round Out Construction Risk Management
Culture of CARE Works to Boost Diversity and Inclusion, Overcome Racial Inequalities
Housing Market Has Been Surprisingly Active During Lockdown
Contract’s Definition of “Substantial Completion” Does Not Apply to Third Party for Purposes of SOL, Holds Court of Appeal
Congress Relaxes Several PPP Loan Requirements
California Supreme Court Adopts Vertical Exhaustion for Long-Tail Claims
Hawaii Federal District Court Remands Coverage Dispute
Enforceability Of Subcontract “Pay-When-Paid” Provisions – An Important Update
Interpreting Insurance Coverage and Exclusions: When Sudden means Sudden and EIFS means Faulty
OSHA Releases COVID-19 Guidance
Chambers USA 2020 Ranks White and Williams as a Leading Law Firm
COVID-19 Response: Recent Executive Orders Present Opportunities for Businesses Seeking Regulatory and Enforcement Relief and Expedited Project Development
Federal Arbitration Act Preempts Pennsylvania Payment Act
EEOC Suit Alleges Site Managers Bullied Black Workers on NY Project
Is It Time to Get Rid of Retainage?
Trump Order Waives Project Environment Rules to Push COVID-19 Recovery
2020 CLM Construction Conference
Hawaii Insurance Division Issues New Memorandum on Policy Handling During COVID-19
Kaiser Permanente Scraps Plans for $900M Oakland Headquarters
Homebuilder ETF Soars to Pre-Crisis Level on Sales Surprise
Proposed Law Protecting Tenants Amended: AB 828 Updated
Who is a “Contractor” as Used in “Unlicensed Contractor”?
California Supreme Court Adopts “Vertical Exhaustion” in the Long-Storied Montrose Environmental Coverage Litigation
I’m Sorry Ms. Jackson, I [Sovereign Immunity] am For Real
Ordinary Use of Term In Insurance Policy Prevailed
New Jersey Legislation Would Bar Anti-Concurrent Causation Clause in Homeowners' Policies
Don’t Conspire to Build a Home…Wait…What?
Boston Team Obtains Complete Defense Verdict for Engineering Firm in Professional Liability Matter
Daily Reports – The Swiss Army Knife of Project Documentation
Five Pointers for Enforcing a Non-Compete Agreement in Texas
Mitigation, Restructuring and Bankruptcy: Small Business Tools in the Era of COVID-19
Certifying Claim Under Contract Disputes Act
Starting July 1, 2020 General Contractors are “Employers” for All Workers on Their Jobsite
EPA’s TSCA SACC Meeting: Peer Review of the Draft Risk Evaluation for Asbestos
Protect Against Adverse Events With Parametric Insurance
Infection Control Guidance for Construction Sites
U.S. Homebuilders Defy Expectations With Gain in New-Home Sales
COVID-19 and Mutual Responsibility Clauses
SB 939 Proposes Moratorium On Unlawful Detainer Actions For Commercial Tenants And Allows Tenants Who Can't Renegotiate Their Lease In Good Faith To Terminate Their Lease Without Liability
The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem
Preliminary Notice Is More Important Than Ever During COVID-19
Choice of Laws Test Mandates Application of California’s Continuous and Progressive Trigger of Coverage to Asbestos Claims
It’s Time to Include PFAS in Every Property Related Release
Contractual Impartiality Requires an Appraiser to be Unbiased, Disinterested, and Unswayed by Personal Interest
Social Engineering Scams Are On the Rise – Do I Have Insurance Coverage for That?
Lease-Leaseback Fight Continues
Protecting Your Business From Liability Claims Stemming From COVID-19 Exposure
Tall and Sustainable Is Not an Easy Fix
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

714.701.9180

Arrange No Cost Consultation

johnspringman

markchapman

johntolman

mattnardella

alansturm

davesuggs










Construction Defect News Channel - The Latest News and Video From The Construction Defect Journal

Construction defect and claims video channel.  For access to full construction defect channel content visit the construction defect channel homepage at... ConstructionDefectChannel
West Coast Continues to Suffer from Wildfire Catastrophe | ABC News

ABC News video shows thick hazes of smoke have swallowed major cities such as Seattle.

View Full Series

Sunday Journal: Apocalyptic Western Wildfires

CBS Sunday Morning reports from Washington State to Southern California, entire communities have been laid to waste during a week of fierce wildfires, in which more than 20 people have lost their lives.

View Full Series

Massive Wildfire Destroys Big Basin | Santa Cruz Films

The largest fire to impact Santa Cruz County in decades, the CZU Lightning Fire, ravaged Big Basin State Park and extensive parts of Bonny Doon and Boulder Creek mid August 2020.

View Full Series

London Waterloo Remodel Time-Relapse

Construction News video of London’s Waterloo upgrade in time-relapse format.

View Full Series

Understanding Pennsylvania and New Jersey Construction Law | Levelset

How you might be effected New Jersey's prompt payment act and Pennsylvania's contractor and subcontractor payment acts.

View Full Series

[Construction Good News]: Positive Momentum & Stories from the Field

In this episode, Becky Schultz, editor, Equipment Today, shares positive economic news, as well as stories about construction companies and individuals who went above and beyond to help those in need.

View Full Series

CDJ SECTIONS

CONSTRUCTION NEWS
CONSTRUCTION INSURANCE NEWS
HOMEBUILDERS NEWS
CONSTRUCTION DEFECT SEMINARS
CONSTRUCTION DEFECT CHANNEL
CONSTRUCTION DEFECT JOURNAL HOME
SUBSCRIBE TO CDJ
LETTERS TO THE EDITOR
CONTACT CDJ SUBMIT STORY
CD NEWS YOU MIGHT HAVE MISSED
ARCHIVES
CD DEFECT COVERAGE ISSUES
CD ARTICLES

 

Construction Defect Journal is aggregated from a variety of news sources, article submissions, contributors, and information from industry professionals.

No content on this site should be construed as legal advice or expert opinion. By viewing this site you agree to be bound by its terms and conditions

 

Copyright 2020 - Construction Defect Journal – All Rights Reserved