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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SUNDAY, AUGUST 18, 2019
Trump Tower Is Now One of NYC’s Least-Desirable Luxury Buildings
Gardeners in the City of the Future: An Interview with Eric Baczuk
How Tech Is Transforming the Construction Industry in 2019
Oregon Construction Law Conference
Go Phish: Texas Lawsuit Highlights Need for Tailored Cyber Policies
How Performance Bonds Work in Construction
Luxury Home Sales Boom in Sao Paulo With Low Rates Spurring Demand
Sinking Buildings on the Rise?
Connecticut Crumbling Concrete Cases Not Covered Under "Collapse" Provision in Homeowner's Policy
Effective October 1, 2019, Florida General Contractors Have a Statutory Right to Recovery of Attorney Fees Against a Defaulted Subcontractor’s Surety
Ninth Circuit Reverses Grant of Summary Judgment to Insurer For Fortuitous Loss
New York City Council’s Carbon Emissions Regulation Opposed by Real Estate Board
Quick Note: Third-Party Can Bring Common Law Bad Faith Claim
Safety Accusations Fly in Dispute Between New York Developer and Contractor
Triple Points to the English Court of Appeal for Clarifying the Law on LDs
17 Snell & Wilmer Attorneys Ranked In The 2019 Legal Elite Edition Of Nevada Business Magazine
How BIM Helps Make Buildings Safer
I.M. Pei, Architect Who Designed Louvre Pyramid, Dies at 102
Health Care Construction Requires Compassion, Attention to Detail and Flexibility
Surety Bond Producers Keep Eye Out For Illegal Waivers
2019 Construction Law Regionals: Sticks & Bricks - Charlotte, NC
Professional Liability Insurance in Today’s Construction Industry
Four Ways Contractors Can Prepare for the Emergence of Smart Cities
U.S. Homebuilder Sentiment Rises to Seven-Month High in May
Construction Defect Dispute Governed by Contract Disputes Act not yet Suited to being a "Suit"
Overview of New Mexico Construction Law
Labor Development Impacting Developers, Contractors, and Landowners
Do You Really Want Mandatory Arbitration in Your Construction Contract?
California Commission Recommends Switching To Fault-Based Wildfire Liability Standard for Public Utilities
Insurer’s Confession Of Judgment Through Post-Lawsuit Payment
NY Is Set To Sue US EPA Over ‘Completion’ of PCB Removal
Limiting Liability: Three Clauses to Consider in your Next Construction Contract
Are Contracting Parties Treated the Same When it Comes to Notice Obligations?
Microsoft Urges the Construction Industry to Deliver Lifecycle Value
Disruption: When Did It Start and Where Will It End?
Billionaire Behind Victoria’s Secret Built His Version of the American Heartland
ENR Northwest’s Top Contractors Survey Reveals Regional Uptick
The Intersection of Insurance Coverage Issues and Underlying Claims in Construction Mediations: Perspectives from the Mediator and Coverage Counsel
Protect Against Wood-frame Construction Hazards With CPL Insurance
Construction Fire Safety Practices: What Superintendents Need to Know
U.S. Housing Starts Climb More Than Forecast as Permits Rise
California Court Invokes Equity to Stretch Anti-Subrogation Rule Principles
Arizona Supreme Court Upholds Constitutionality of Provision Relating to Statutory Authority for Constructing and Operating Sports and Tourism Complexes
No Coverage for Sink Hole Loss
NYC Design Firm Executives Plead Guilty in Pay-to-Play Scheme
Tighter Requirements and a New Penalty for Owners of Vacant or Abandoned Storefronts in San Francisco
Payment Bond Claim Notice Requires More than Mailing
No Rest for the Weary: Project Completion Is the Beginning of Litigation
Quick Note: Independent Third-Party Spoliation Of Evidence Claim
A Property Tax Exemption, Misapplied, in Texas
Mountain States Super Lawyers 2019 Recognizes 21 Nevada Snell & Wilmer Attorneys
Mississippi River Spends 40 Days At Flood Stage, Mayors Push for Infrastructure Funding
Walmart Seeks Silicon Valley Vibe for New Arkansas Headquarters
How Algorithmic Design Improves Collaboration in Building Design
AGC 2019 Construction Safety, Health & Environmental Conference
Court Upholds Insurance Commissioner’s Penalties for Broker’s Fees, Which Constituted Premiums in Excess of Approved Rates
Construction M&A Activity to Remain Strong Following Record 2018
Living Building Challenge Group Relaxes Requirements
Insurer Incorrectly Relies Upon "Your Work" Exclusion to Deny Coverage
Privileged Communications With a Testifying Client/Expert
Insured's Commercial Property Policy Deemed Excess Over Unobtained Flood Policy
Insured Under Property Insurance Policy Should Comply With Post-Loss Policy Conditions
Utah Supreme Court Allows Citizens to Block Real Estate Development Project by Voter Referendum
Traub Lieberman Attorneys Recognized in 2019 Edition of Who’s Who Legal
They Say Nothing Lasts Forever, but What If Decommissioning Does?
Public Law Center Honors Snell & Wilmer Partner Sean M. Sherlock As Volunteers For Justice Attorney Of The Year
How VR and AR Will Help in Remote Expert Assistance
Biggest U.S. Gas Leak Followed Years of Problems, State Says
The Construction Lawyer as Counselor
Building in the Age of Technology: Improving Profitability and Jobsite Safety
Construction Jobs Keep Rising, with April Gain of 33,000
State of the State: Annual Legislative Update
Subrogation, Insurance Code Section 11580, and the Craziness We Call Insurance Law
Construction Employment Surges to Start Year, Says ABC
Three Worker Fatalities in NYC in Single Week Prompt Focus on Safety
Liability Insurer’s Duty To Defend Insured Is Broader Than Its Duty To Indemnify
Trial Court's Award of Contractual Fees to Public Adjuster Overturned
2019 Legislative Session
Paul Tetzloff Elected As Newmeyer & Dillion Managing Partner
Arbitration: For Whom the Statute of Limitations Does Not Toll in Pennsylvania
EPA Announces Decision to Retain Current Position on RCRA Regulation of Oil and Gas Production Wastes
That’s Common Knowledge! Failure to Designate an Expert Witness in a Professional Negligence Case is Not Fatal Where “Common Knowledge” Exception Applies
French President Vows to Rebuild Fire-Collapsed Notre Dame Roof and Iconic Spire
Contract Construction Smarts: Helpful Provisions for Dispute Resolution
Technology and the Environment Lead Construction Trends That Will Continue Through 2019
Chambers USA 2019 Ranks White and Williams as a Leading Law Firm
Mich. AG Says Straits of Mackinac Tunnel Deal Unconstitutional
Colombia's $15 Billion Road Plan Bounces Back From Bribe Scandal
Insurance in the Construction Industry
When Virginia Insurance Brokers Sought to End EMR Misuse
Contractor and Equipment Distributor Optimism Remains Strong
EPRO Provides Adaptable Below-Grade Protection for Complex Apartment Site
EPRO Provides Adaptable Below-Grade Protection for Complex Apartment Site
Subcontractor Entitled to Defense for Defective Work Causing Property Damage Beyond Its Scope of Work
Tennessee High Court Excludes Labor Costs from Insurer’s Actual Cash Value Depreciation Calculations
Property Damage to Insured's Own Work is Not Covered
EPA Issues Interpretive Statement on Application of NPDES Permit System to Releases of Pollutants to Groundwater
New Jersey Court Washes Away Insurer’s Waiver of Subrogation Arguments
Hunton Insurance Recovery Lawyers Ranked by Chambers as Top Insurance Practitioners
Toronto Contractor Bondfield Wins Court Protection as Project Woes Mount
Ambiguity Kills in Construction Contracting
Congratulations 2019 DE, NJ and PA Super Lawyers and Rising Stars
Elevators Take Sustainable Smart Cities to the Next Level
London Office Builders Aren’t Scared of Brexit Anymore
Construction Cybercrime Is On the Rise
LaGuardia Airport Is a Mess. An Engineer-Turned-Fund Manager Has a Fix
Save the Date: PLI’s 21st Annual Commercial Real Estate Institute
Wisconsin Tests Breadth of Duty to Defend: Declines to Strip Wholesaler of Defense
The Intersection of Risk Management, Safety, Technology and the Workforce
Case Study: Ritz-Carlton Hotel, Paradise Valley, AZ
Spreading Cracks On FIU Bridge Failed to Alarm Project Team
"Repair Work" Endorsements and Punch List Work
How to Mitigate Lien Release Bond Premiums with Disappearing Lien Claimants
Quick Note: Lis Pendens Bond When Lis Pendens Not Founded On Recorded Instrument Or Statute
Fire Consultants Cannot Base Opinions on Speculation
President Trump Issued Two New EOs on Energy Infrastructure and Federal Energy Policy
Georgia Federal Court Says Fact Questions Exist As To Whether Nitrogen Is An “Irritant” or “Contaminant” As Used in Pollution Exclusion
White House Hopefuls Make Pitches to Construction Unions
Thanks for the Super Lawyers Nod for 2019!
Thanks for Four Years of Recognition from JD Supra’s Readers’ Choice Awards
Study Finds Construction Cranes Vulnerable to Hacking
Helsinki is Building a Digital Twin of the City
Don’t Overlook Leading Edge Hazards
Construction Law and Ethics Seminar
Hoping Pharrell Is “Happy” That He Obtained Event Cancellation Insurance For Something In the Water Festival
Surety Bonding in 2019: What Should Contractors Be Ready For?
Land Banking. Why Consider It?
Eleventh Circuit Rules That Insurer Must Defend Contractor Despite “Your Work” Exclusion, Where Damage Timing Unclear
Ninth Circuit Rules Supreme Court’s Two-Part Test of Implied Certification under the False Claims Act Mandatory
Revised Federal Rule Regarding Class-Wide Settlements
Tenants Who Negligently Cause Fires in Florida Beware: You May Be Liable to the Landlord’s Insurer
Project-Specific Commercial General Liability Insurance
Arbitration Provisions Are Challenging To Circumvent
Idaho Federal Court Rules Against Sacketts After SCOTUS Decided Judicial Review of an EPA Compliance Order was Permissible
United States Supreme Court Limits Class Arbitration
Code Changes Pave Way for CLT in Tall Buildings and Spark Flammability Debate
An Interesting Look at Mechanic’s Lien Priority and Necessary Parties
Vacation Rentals: Liability of the Owner for Injury Suffered by the Renter
Will Superusers Future-Proof the AEC Industry?
Locating Construction Equipment with IoT and Mobile Technology
ABC Legislative Week, Includes Legal Conference
60-Day Clock For Statutory Bad Faith “Cure Period” Starts When Civil Remedy Notice Electronically Filed
A Digital Transformation Report: Five Emerging Trends in Construction
Skender’s Modular Revolution: An Interview with Angela Spadoni
Illinois Court Addresses Coverage Owed For Subcontractor’s Defective Work
Court Slams the Privette Door on Independent Contractor’s Bodily Injury Claim
Attorney’s Fees Entitlement And Application Under Subcontract Default Provision
What is a Subordination Agreement?
Newmeyer & Dillion Announces New Partner Bahaar Cadambi
Alarm Cries Wolf in California Case Involving Privette Doctrine
Estoppel Certificate? Estop and Check Your Lease
Be Careful in Contracting and Business
Alaska District Court Sets Aside Rulings Under New Administration’s EO 13795
Construction Reaches Half-Way Point on San Diego's $2.1 Billion Mid-Coast Trolley
Take Advantage of AI and Data Intelligence in Construction
The Treasures Inside Notre Dame Cathedral
Environmental Roundup – April 2019
Save the Date: Construction SuperConference Comes to California this December
Sorting Insurers' Obligations in Light of Competing Other Insurance Provisions
Report Predicts 4.8 Percent Rise in Construction Spending This Year
JPMorgan Says Lower Interest Rates Heal All for Homebuilders
California Case That Reads Like Russian Novel Results in Less Than Satisfying Result for Both Project Owner and Contractors
Liability Cap Does Not Exclude Defense Costs for Loss Related to Deep Water Horizon
Embattled SNC-Lavalin Files Ethics Appeal, Realigns Structure
Am I Still Covered Under the Title Insurance Policy?
Corps of Engineers to Prepare EIS for Permit to Construct Power Lines Over Historic James River
Time to Update Your Virginia Mechanic’s Lien Forms (July 1, 2019)
Court Rejects Efforts to Limit Scope of Judgment Creditor’s Direct Action Under Insurance Code Section 11580
District Court of Missouri Limits Whining About the Scope of Waiver of Subrogation Clauses in Wine Storage Agreements
Design Professional Asserting Copyright Infringement And Contributory Copyright Infringement
Green Construction Trends Contractors Can Expect in 2019
AGC Seeks To Lead Industry in Push for Infrastructure Bill
A Property Boom Is Coming to China's Smaller Cities
Plehat Brings Natural Environments into Design Tools
Clean Water Act 2019: Law and Regulation
France’s Axa Insured Notre Dame Art, Two Construction Firms
Five Ideologies That Need to Change for Construction to Advance
Homebuilders' Earnings Boosted by Falling Mortgage Rates
What Are The Most Commonly Claimed Issues In Construction Defect Litigation?
Court Finds That SIR Requirements are Not Incorporated into High Level Excess Policies and That Excess Insurers’ Payment of Defense Costs is Not Conditioned on Actual Liability
Using the Prevention Doctrine
Consequential Damage Claims for Insurer's Bad Faith Dismissed
Mandatory Energy Benchmarking is On Its Way
Fourth Circuit Holds that a Municipal Stormwater Management Assessment is a Fee and Not a Prohibited Railroad Tax
Federal Subcontractor Who Failed to Follow FAR Regulations Finds That “Fair” and “Just” are Not Synonymous
New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers
Business Risk Exclusions (j) 5 and (j) 6 Found Ambiguous
Women Make Their Mark on Construction Leadership
Struggling Astaldi Announces Defaults on Florida Highway Contracts
Certificates Of Merit For NC Lawsuits Against Engineers And Architects? (Still No)(Law Note)
Disaster-Relief Bill Stalls in Senate
Construction Law Boot Camp
Fire Safety and Restoration Essentials in Commercial Construction
Four Trends to Watch for the Construction Industry in 2019
U.S. Homebuilder Sentiment Rises to Six-Month High as Sales Gain
New Insurance Case: Owners'​ Insurance Barred in Reimbursement Action against Tenant
The "Dark Overlord" Strikes The Practice Of Law: What Law Firms Can Do To Protect Themselves
Important New Reporting Requirement for Some Construction Defect Settlements
Fifth Circuit Rules that Settlements in Underlying Action Constitute "Other Insurance"
SCOTUS, Having Received Views of Solicitor General, Will Decide Whether CWA Regulates Indirect Discharge of Pollutants Into Navigable Water Via Groundwater
Massachusetts Court Holds Statute of Repose Bars Certain Asbestos-Related Construction Claims
Chattanooga Bridge Collapse Likely Resulted From Impact
When is a “Willful” Violation Willful (or Not) Under California’s Contractor Enforcement Statutes?
“If It Walks Like A Duck . . .” – Expert Testimony Not Always Required In Realtor Malpractice Cases Where Alleged Breach Of Duty Can Be Easily Understood By Lay Persons
Report: Construction Firms Could Better Protect Workers From Noise Hazards
Haight’s Sacramento Office Has Moved
You’re Only as Good as Those with Whom You Contract
Duke Energy Appeals N.C. Order to Excavate Nine Coal Ash Pits
Ahlers Cressman & Sleight at Alliance Northwest
Fifth Circuit Addresses When A Law Firm Should Reasonably Expect A Future Claim In Analyzing Policy Rescission
Trends in Commercial Real Estate Contractors Need to Know
Santa Rosa Recreates Permitting, Construction System 'On the Fly'
Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors
Restrictions On Out-Of-State Real Estate Brokers Being Challenged In Nevada
Is Equipment Installed as Part of Building Renovations a “Product” or “Construction”?
Ontario Court of Appeal Clarifies the Meaning of "Living in the Same Household" for Purposes of Coverage Under a Homeowners Policy
CGL Insurer’s Duty To Defend Broader Than Duty To Indemnify And Based On Allegations In Underlying Complaint
Dealing with Abandoned Property After Foreclosure
DC District Court Follows Ninth Circuit’s Lead Dismissing NABA’s Border Wall Case
Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument
Deference Given To Procuring Public Agency Regarding Material Deviation
Approaches in the Absence of a Differing Site Conditions Clause
Latosha Ellis Selected for 2019 Leadership Council on Legal Diversity Pathfinder Program
Industry Practices Questioned After Girder Fractures at Salesforce Transit Center
OSHA Finalizes Rule on Crane Operator Qualification and Certification
ABC Users Summit 2019
Michigan Court Addresses Claim Reporting Obligations Under E&O Policy
Real Estate and Construction Ecosystem in the Making: From KIRA-digi to KIRAHub
Infrastructure, Residential Projects Spur NY Region
Application of Frye Test to Determine Admissibility of Expert
Colorado House Bill 19-1170: Undefined Levels of Mold or Dampness Can Make a Leased Residential Premises Uninhabitable
How One Squirrel Taught us a Surprising Amount about Insurance Investigation Lessons Learned from the Iowa Supreme Court
Insurers in New Jersey Secure a Victory on Water Damage Claims, But How Big a Victory Likely Remains to be Seen
Indiana Court of Appeals Holds That Lease Terms Bar Landlord’s Carrier From Subrogating Against Commercial Tenant
Recording “Un-Neighborly” Documents
Canada's Ex-Attorney General Set to Testify About SNC-Lavalin Scandal
A Few Green Building Notes
Do Not Pass Go! Duty to Defend in a Professional Services Agreement (law note)
Breaking Down Homeowners Association Laws In California
Update Your California Release Provisions to Include Amended Section 1542 Language
ConsensusDOCS Hits the Cloud
Digitalizing the Hospital Design Requirements Process
Around the State
What You Need to Know About the Next Wave of Construction Defect Litigation
Property Insurer Invoking Appraisal under Property Insurance
ACS Wins $3.3 Billion Contract to Build Virginia Bridge-Tunnel
Experiments Showcased at KIRA-digi Climate Corner
Expansion of Statutes of Limitations and Repose in K-12 and Municipal Construction Contracts
Insured's Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages
Sixth Circuit Holds that Some Official Actions Taken in the “Flint Water Crisis” Could Be Constitutional Due Process Violations
Parol Evidence can be Used to Defeat Fraudulent Lien
US Appeals Court Slams FERC on Long-Muddled State Environmental Permits
A New Statute of Limitations on Construction Claims by VA State Agencies?
Court of Appeals Rules that HOA Lien is not Spurious, Despite Claim that Annexation was Invalid
“Bee” Careful: Unique Considerations When Negotiating a Bee Storage Lease Agreement
Steven L. Heisdorffer Joins Higgins, Hopkins, McLain & Roswell
Legislative Update on Bills of Note (Updated Post-Adjournment)
Corps Issues Draft EIS for Controversial Alaskan Copper Mine
Where Did That Punch List Term Come From Anyway?
How Machine Learning Can Help with Urban Development
The 26th Annual West Coast Casualty Construction Defect Seminar
The United States Court of Appeals, Fourth Circuit, Finds Wrap-Up Exclusion Does Not Bar Coverage of Additional Insureds
Construction Training: Ideas and Resources for Making it Happen
NYC's Trendy Neighborhood Leaps Into Top Five Richest Zip Codes
Supreme Court Holds Arbitrator can Fully Decide Threshold Arbitrability Issue
Will There Be Construction Defect Legislation Introduced in the 2019 Colorado Legislative Session?
South Carolina Clarifies the Accrual Date for Its Statute of Repose
Finding of No Coverage Overturned Due to Lack of Actual Policy
WSHB Expands into the Southeast
Rhode Island Examines a Property Owner’s Intended Beneficiary Status and the Economic Loss Doctrine in the Context of a Construction Contract

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