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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - FRIDAY, FEBRUARY 22, 2019
White and Williams Announces Lawyer Promotions
2019 Promotions - New Partners at Haight
5th Annual California Construction Law Seminar
Top 10 Insurance Cases of 2018
Construction Dec. Jobs Surge by 38,000, Led by Heavy-Civil SectorConstruction Dec. Jobs Surge by 38,000, Led by Heavy-Civil Sector
U.S. Housing Starts Top Forecasts, Permits Rise to Seven-Month High
Ohio Supreme Court Holds No Occurence Arises from Subcontractor's Faulty Workmanship
Spearin Doctrine 100 Years Old and Still Thriving in the Design-Build Delivery World
Unpaid Hurricane Maria Insurance Claims, New Laws in Puerto Rico, and the Lesson for all Policyholders
'Perfect Storm' Caused Fractures at San Francisco Transit Hub
Anchorage Building Codes Credited for Limited Damage After Quakes
Supplement to New California Construction Laws for 2019
Unqualified Threat to Picket a Neutral is Unfair Labor Practice
Are You Taking Full Advantage of Available Reimbursements for Assisting Injured Workers?
Nonparty Discovery in California Arbitration: How to Get What You Want
Patriarch Partners Decision Confirms Government Subpoenas May Constitute a “Claim” Under D&O Policy; Warns Policyholders to Think Broadly When Representing Facts and Circumstances to Insurers
Impasse Over Corruption Charges Costs SNC $3.7 Billion, CEO Says
Ex-Construction Firm That Bought a $75m Michelangelo to Delist
Massachusetts Roofer Killed in Nine-story Fall
A Practical Guide to the Davis-Bacon Act
Serious Dump and Ready-Mix Delivery Truck Accidents Edge Higher
Construction Nov. Jobless Rate Drops Year-Over-Year, Up Vs. Oct.
Florida Ranks First on Merit Shop Scorecard; Illinois Remains Last
The California Legislature Return the Power Back to the People by Passing the California Consumer Privacy Act of 2018
Insurer Liable for Bad Faith Despite Actions of Insured Contributing to Excess Judgment
New Evidence Code Requires Attorney to Obtain Written Acknowledgement that the Confidential Nature of Mediation has been Disclosed to the Client
New York Appellate Court Affirms 1966 Insurance Policy Continues to Cover WTC Asbestos Claims
Contractual Waiver of Consequential Damages
Connecticutt Class Action on Collapse Claims Faces Motion to Dismiss
Massachusetts SJC Clarifies “Strict Compliance” Standard in Construction Contracts
New California Construction Law for 2019
Summary Findings of the Fourth National Climate Assessment
Drones Give Inspectors a Closer Look at Bridges
How the New Dropped Object Standard Is Changing Jobsite Safety
Five Keys to Driving Digital Transformation in Engineering and Construction
Planned Everglades Reservoir at Center of Spat Between Fla.'s Gov.-Elect, Water Management District
DRI Construction Law and Litigation Skills Workshops
Insurer's Knowing Violation of Texas Insurance Code May Entitle Insured to Treble Damages
Fire-Resistant Homes Don't Have to Cost a Fortune, Report Says
U.S. Existing-Home Sales Rise for First Time in Seven Months
Fifth Circuit Decision on Number of Occurrences Underscores Need to Carefully Tailor Your Insurance Program
Questions of Fact Regarding Collapse of Basement Walls Prevent Insurer's Motion for Summary Judgment
Georgia Court of Appeals Holds That Policyholder Can “Stack” the Limits of Each Primary Policy After Asbestos Claim
Quick Note: Expert Testimony – Back to the Frye Test in Florida
Developer Sues TVA After It Halts Nuke Site Sale
Texas Court Requires Insurer to Defend GC Despite Breach of Contract Exclusion
Trump Administration Issues Proposed 'Waters of the U.S.' Rule
SB 721 – California Multi-Family Buildings New Require Inspections of “EEEs”
Back to Basics – Differing Site Conditions
Musk Backs Off Plan for Tunnel in Tony Los Angelenos' Backyard
Attorneys’ Fees Are Available in Arizona Eviction Actions
New Plan Submitted for Explosive Demolition of Old Tappan Zee Bridge
What to Do Before OSHA Comes Knocking
100th Annual AGC Convention
A Guide to Homeowners' Insurance for California Wildfire Losses
Construction Billionaire Appears in Thai Court as Poaching Trial Begins
U.S. Housing Starts Rise as Apartment Groundbreaking Gains
Coverage Denied Where Occurrence Takes Place Outside Coverage Territory
Third Circuit Court of Appeals Concludes “Soup to Nuts” Policy Does Not Include Faulty Workmanship Coverage
Hirer Liable for Injury to Subcontractor’s Employee Due to Failure to Act, Not Just Affirmative Acts, Holds Court of Appeal
California Appeals Court Says Loss of Use Is “Property Damage” Under Liability Policy, and Damages Can be Measured by Diminished Value
CGL Policy Covering Attorney’s Fees in Property Damage Claims
Former SNC-Lavalin CEO Now Set for Trial in Bribe Case
Ohio Rejects the Majority Trend and Finds No Liability Coverage for a Subcontractor’s Faulty Work
99-Year-Old Transmission Tower Seen as Possible Cause of Devastating Calif. Wildfire
Fourth Circuit Rejects Application of Wrap-Up Exclusion to Additional Insured
Making the World’s Longest Undersea Railway Tunnel Possible with BIM
Court Addresses HOA Attempt to Restrict Short Term Rentals
Survey: Workers Lack Awareness of Potentially Hazardous Nanomaterials
Key California Employment Law Cases: October 2018
ABA Webinar: Additive Manufacturing in Construction: Impacts and Emerging Issues
Top 10 List of Scariest Insurance Policy Terms
Amazon To Build Headquarters in New York City and Washington, DC
OSHA Releases Final Crane Rule
Collapse Claim Dismissed
Owners Bound by Arbitration Clause on Roofing Shingles Packaging
Relying Upon Improper Exclusion to Deny Coverage Allows Bad Faith Claim to Survive Summary Judgment
English v. RKK. . . The Rest of the Story
ICC/ASHRAE/USGBC/IES Green Model Code Integrates Existing Standards
Florida Court of Appeals Holds Underlying Tort Case Must Resolve Before Third-Party Spoliation Action Can Be Litigated
KY Mining Accident Not a Covered Occurrence Under Commercial General Liability Policy
It’s Getting Harder and Harder to be a Concrete Supplier in California
After Elections, Infrastructure Talk Stirs Again
Department of Transportation Revises Its Rules Affecting Environmental Review of Transportation Projects
Hunton Insurance Head Interviewed Concerning the Benefits and Hidden Dangers of Cyber Insurance
‘Like a War Zone’: Malibu Fire Ravages Multimillion-Dollar Homes
SkenarioLabs Uses AI for Property Benchmarking
NBI Seminar: Troubleshooting Construction Project Legal Issues
Parametric Insurance: Mitigating Risk From Weather-related Events
Shale Gas Fuels U.S. Chemical Plant Construction
Homebuilders Finally See Some Relief After Analyst Upgrade
Washington Supreme Court Expands Contractor Notice Obligations
Second Circuit Finds Potential Ambiguity in Competing “Anti-Concurrent Cause” Provisions in Hurricane Sandy Property Loss
Can Your Small Business Afford to Risk the Imminent Threat of a Cyber Incident?
Pollution Exclusion Does Not Apply To Concrete Settling Dust
NTSB Issues 'Urgent' Recommendations After Mass. Pipeline Explosions
Addressing the Defective Stucco Crisis
Fifth Circuit Concludes Government’s CAA Legal Claims are Time-Barred But Injunctive-Relief Claims are Not
Could This Gel Help Tame the California Fires?
NTSB Cites Design Errors in Fatal Bridge Collapse
To Bee or Not to Bee - CA Court Finds Denial of Coverage Based on Exclusion was Premature Where Facts had not been Judicially Determined
How AI and Machine Learning Are Helping Construction Reduce Risk and Improve Margins
Third Circuit Affirms Use of Eminent Domain by Natural Gas Pipeline
The Golden State Commits to Going Green – Why Contractors Will be in High Demand to Build the State’s Infrastructure
The Society of Construction Law Annual Conference
How To Make Sure Your Subs Can Finish The Work
Fall Protection Tops OSHA’s 2018 List of Most Frequent Safety Violations
Thwarting the Worst of Hurricane Irma
Courts Favor Arbitration in Two Recent Construction Dispute Cases
7 Areas where Technology is Shifting the Construction Business
What to do When the Worst Happens: Responding to a Cybersecurity Breach
Wisconsin Supreme Court Holds Fire Damage Resulted from Single Occurrence
Cracked Girders Trigger Scrutiny of Salesforce Transit Center's Entire Structure
Second Circuit Upholds Constitutionality of NY’s Zero Emissions Credit Program
The Case For Designers Shouldering More Legal Responsibility
Indemnification Provisions Do Not Create Reciprocal Attorney’s Fees Provisions
Third Circuit Holds No Coverage for Faulty Workmanship Despite Insured’s Expectations
Fourth Circuit Confirms Scope of “Witness Litigation Privilege”
Newmeyer & Dillion Named a Best Law Firm in 2019 in Multiple Practice Areas by U.S. News-Best Lawyers
The Irresistible Urge to Build Cities From Scratch
The Hidden Price of Outdated Damage Prevention Laws: Part I
2019 Win the Storm Conference
Requiring Approval of All Insureds and Mortgagees To Assign Policy Upheld by Florida Court
Modern Technology Is Influencing Construction Safety
Vornado NYC Luxury Condos ‘Exceeded all Expectations,’ CEO Says
Insurer Must Defend Insured Against Construction Defect Claims
Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose
Claim for Consequential Damages Survives Motion to Dismiss
Shoring of Problem Girders at Salesforce Transit Center Taking Longer than Expected
Presidential Memorandum Promotes Reliable Supply and Delivery of Water in the West
Insurer’s “Failure to Cooperate” Defense
CAPSA Changes Now in Effect
Building Codes Evolve With High Wind Events
White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2019
Toward Increased Citizen Engagement in Urban Planning
Will Future Megacities Be a Marvel or a Mess? Look at New Delhi
Granting of Lodestar Multiplier in Coverage Case Affirmed
New California "Construction" Legislation
Negotiating Project Labor Agreements: Key Terms for Managing Costs, Limiting Risks
Insurance Bad Faith And Consumer Protection Act Claims Against Individual Insurance Adjusters Deemed Valid
Report Finds Construction Labor Shortage Impacts Jobsite Safety
U.S. Homebuilder Sentiment Unexpectedly Rises With Solid Demand
Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose
Hawaii Federal District Court Rejects Insurer's Motion for Summary Judgment on Construction Defect Claims
Effects of Amendment to Florida's Statute of Repose on the Products Completed Operations Hazard
Insurers May Not Be Required to Defend Contractors In a Florida §558 Proceeding
Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use
Recent Bad Faith Decisions in Florida Raise Concerns
Selected Environmental Actions Posted on the Fall 2018 Unified Agenda of Regulatory and Deregulator Actions
Condemnation Actions: How Valuable Is Your Evidence of Property Value?
Senate Overwhelmingly Passes Water Infrastructure Bill
Quick Note: Unenforceable Language in Arbitration Provision
Schools Remain Top Priority in Carolinas as Cleanup From Storms Continues
Union Handbilling: When, Where, and Why it is Legal
eRent: Construction Efficiency Using Principles of the Sharing Economy
ABA Conference: Public Construction Projects: Not Always a Hollywood Ending
“Crypto-Property:” Ohio Court Says Crypto-Currency is Personal Property Under Homeowners’ Policy
Uruguay's No.1 Construction Firm Smells Opportunity in Argentina
Kenya Sees $545 Million for Affordable-Housing Fund in 2018
OH Supreme Court Rules Against General Contractor in Construction Defect Coverage Dispute
Builders Beware: Smart Homes Under Attack by “Hide ‘N Seek” Botnet
Intentional Mining Neighbor's Property is Not an Occurrence
25 Days After Explosion, Another Utility Shuts Off Gas in Boston Area
Insurer's Judgment on the Pleadings Based Upon Expected Injury Exclusion Reversed
Tests Find Pollution From N.C. Coal Ash Site Hit by Florence Within Acceptable Levels
Note on First-Party and Third-Party Spoliation of Evidence Claims
Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects
Almost Nothing Is Impossible
North Dakota Supreme Court Clarifies Breadth of Contractual Liability Coverage
Pennsylvania Modernizes State Building Code
Carillion Fallout Affects Major Hospital Project in Liverpool
New York Court Holds Radioactive Materials Exclusion Precludes E&O Coverage for Negligent Phase I Report
State Bar of Texas’s Annual Construction Law Conference
Denial of Coverage for Late Notice Upheld
Design for Salesforce Transit Center Flange Fracture Fix Coming Soon
Raising the Bar for Project Coordinators
"Abrupt Falling Down of Building or Part of Building" as Definition of Collapse Found Ambiguous
Recovery Crews Swing Into Action as Hurricane Michael Departs
Verdict In Favor Of Insured Homeowner Reversed For Improper Jury Instructions
Fed. Judge Blocks Release of Records on FIU Bridge Collapse, Citing NTSB Investigation
Governor Signs Permit Extension Bill Extending Permit Deadlines to One Year
Terminating Notice of Commencement Without Contractor’s Final Payment Affidavit
Are You Satisfying WISHA Standards?
Oregon Codifies Tall Wood Buildings
Bond Principal Necessary on a Mechanic’s Lien Claim
Unbilled Costs Remain in Tutor Perini's Finances
FEMA Administrator Slams Failures to Prepare, Evacuate Before Storms
City Development with Interactive 3D Models
U.K. Broadens Crackdown on Archaic Property Leasehold System
39th Annual Construction Law and Public Contracts Seminar
Florida Supreme Court’s Application of Insurance Bad Faith in Third-Party Context
Embedding Digital Readiness Into Corporate Culture
Five Steps to Make Your Home More Cyber Secure
The “Right to Repair” Construction Defects in the Rocky Mountain and Plains Region
Massachusetts Judge Holds That Insurer Breached Its Duty To Defend Lawsuit After Chemical Spill
Arizona Court Determines Statute of Limitations Applicable to a Claim for Reformation of a Deed of Trust (and a Related Claim for Declaratory Judgment)
Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)
Contractor Beware: Design-Build Firms Must Review Washington’s Licensing Requirements
Economic Damages Cannot be Based On Speculation
California Department of Corrections Gets Hit With the Prison Bid Protest Blues
URGENT: 'Catching Some Hell': Hurricane Michael Slams Into Florida
A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks - Part II
OSHA Launches Program to Combat Trenching Accidents
Doing Construction Lead Programs the Right Way
Rights Afforded to Employees and Employers During Strikes
North Carolina Learns More Lessons From Latest Storm
NBI Seminar: Construction Law: Advanced Issues and Answers
Uncertainty About Hurricane Florence’s Impact Zone Has Caused Widespread Event Cancellations. Insurance May Cover The Financial Loss
Amazon Comes Up With Another Way to Get Alexa Into Your Home
Construction Gains 23K Jobs in Sept., Jobless Rate Trends Mixed
Beam Cracks Cause Closure of San Francisco’s New $2B Transit Center
Florida Court of Appeals Rejects Insurer’s Attempt to Intervene in Underlying Lawsuit to Submit Special Interrogatories
10 Safety Tips for General Contractors
Changes and Extra Work – Is There a Limit?
Ninth Circuit Holds that 1993 Budget Appropriations Language Does Not Compel the Corps of Engineers to use 1987 Wetlands Guidance Indefinitely
Carolinas Storm Damage Tally Impeded by Lingering Floods
Insured's Jury Verdict Reversed After Improper Trial Tactics
Public-Private Partnerships: When Will Reality Meet the Promise?
Environmental Law Violations: When you Should Hire a Lawyer
New Standard Addresses Wind Turbine Construction Safety Requirements and Identifies Hazards
North Carolina Weakened Its Building Codes in 2013
GIS and BIM Integration Will Transform Infrastructure Design and Construction
A Race to the Finish on Oroville Dam Spillway Fix
Additive Manufacturing in Construction: Impacts and Emerging Issues
The Right Endorsement: Additional Insureds
Canadian Home Sales Rise for a Fourth Straight Month
Oracle Unveils Collaborative Test Site for Construction Tech
Court Upholds Denial of Collapse Coverage Where Building Still Stands
Concerns Over Unstable Tappan Zee Bridge Push Back Opening of New NY Bridge's Second Span
Constructive Changes – A Primer
Fourth Circuit Issues New Ruling on Point Sources Under the CWA
Quick Note: Mitigation of Damages in Contract Cases
What is the Implied Warranty of Habitability?
Boys (and Girls) of Summer: New Residential Solar Energy System Disclosures Take Effect January 1, 2019
New York State Trial Court: Non-Cumulation Provision in Excess Policies Mandates “All Sums” Allocation
California Court Holds No Coverage Under Pollution Policy for Structural Improvements
$109-Million Renovation Begins on LA's Willowbrook/Rosa Parks Station
The Construction Industry's Health Kick
How AI Can Become a Design Adviser
As Florence Eyes East Coast, Are You Looking At Your Insurance?
DRI Seminar: Defense Lawyers Asbestos Symposium
Hurricane Florence Causes Estimated $2.5 Billion in Insured Losses
Hurricane Florence Takes Center Stage at North Carolina Builder Gathering
Construction Gains 21,000 Jobs in Aug., Jobless Rate Stays Low
Brad Pitt’s Foundation Sues New Orleans Architect for Construction Defects
Lay Testimony Sufficient to Prove Diminution in Value
California Ballot Initiative Seeks to Repeal Infrastructure Funding Bill
Long-Planned Miami Mega Mixed-Use Development Nears Initial Debut
Ten Years After Colorado’s Adverse Possession Amendment: a brief look backwards and forwards
Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion
Contractor Walks Off Job. What are the Owner’s Damages?
Consumer Protections for California Residential Solar Energy Systems
Luxury Villa Fraudsters Jailed for Madeira Potato Field Scam
Incorporate Sustainability in Building Design to Meet Green Construction Goals
Seattle Crane Strike Heads Into Labor Day Weekend After Some Contractors Sign Agreements
BIM Meets Reality on the Construction Site
Top 10 Hurricane Preparedness Practices for Construction Sites
Professor, CLM Litigation Management Institute (LMI) - Fundamentals of Risk Transfer
Assignment of Benefits Provision in Homeowner’s Policy is Enforceable
Florence's Floods Obscure Damage Inflicted on Carolinas
Construction Groups Sign Pledge to America’s Workers
South Carolina Supreme Court Asked Whether Attorney-Client Privilege Waived When Insurer Denies Bad Faith
No Bond, No Recovery: WA Contractors Must Comply With WA Statutory Requirements Or Risk Being Barred From Recovery If Their Client Refuses To Pay
Property Owner Found Liable for Injuries to Worker of Unlicensed Contractor, Again
'Regluing' Oregon State's Showcase for Mass Timber
Where Standing, Mechanic’s Liens, and Bankruptcy Collide
Ten Newmeyer & Dillion Attorneys Selected to the Best Lawyers in America© 2019
Wait, You Want An HOA?! Restricting Implied Common-Interest Communities
Cooperation and Collaboration With Government May Be on the Horizon
Liability Insurer Precluded from Intervening in Insured’s Lawsuit

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