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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - MONDAY, SEPTEMBER 27, 2021
First Federal Appellate Ruling on COVID-19 Goes to Insurers
National Construction Defect Conference
De-escalating The Impact of Price Escalation
Insurer Motion to Intervene in Underlying Case Denied
Suing A Payment Bond Surety in Different Venue Than Set Forth in The Subcontract
In Review: SCOTUS Environmental and Administrative Decisions in the 2020 Term
So a Lawsuit Is on the Horizon…
Duty To Defend PFAS MDL Lawsuits: Texas Federal Court Weighs In
20 Wilke Fleury Attorneys Featured in Sacramento Magazine 2020 Top Lawyers!
Fourth Circuit Questions EPA 2020 Clean Water Act 401 Certification Rule Tolling Prohibition
Drill Rig Accident Kills Engineering Manager, Injures Operator in Philadelphia
Disputes Over Arbitrator Qualifications: The Northern District of California Offers Some Guidance
Missouri Legislature Passes Bill to Drastically Change Missouri’s “Consent Judgment” Statute
When “Substantially Similar” Means “Fundamentally Identical”: Delaware Court Enforces Related Claim Provision to Deny D&O Coverage for Securities Class Action
Can an App Renovate a Neighborhood?
Northern Virginia's Premier Home Builder Unveils Sustainable Modular Homes
Hard Hit by COVID-19 Vaccine Hesitancy? Call in Occupational Health Reinforcement
What COVID-19 Taught Construction Companies About Insurance
2021 Lean Construction Institute Congress
Structure of Champlain Towers North Appears Healthy
Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson
Bidder Be Thoughtful: The Impacts of Disclaimers in Pre-Bid Reports
Exclusion for Construction of Condominiums Includes Faulty Construction of Retaining Wall
Residential Interior Decorator Was Entitled to Lien and Was Not Engaging in Unlicensed Contracting
Supreme Court Declines to Address CDC Eviction Moratorium
New World to Demolish Luxury Hong Kong Towers in Major Setback
Does the Recording of a Mechanic’s Lien Memorandum by Itself Constitute Process? Read to Find Out
California Team Secures Appellate Victory on Behalf of Celebrity Comedian Kathy Griffin in Dispute with Bel Air Neighbor
Lauren Motola-Davis Honored By Providence Business News as a 2021 Leader & Achiever
New York Considers Amendments to Construction Industry Wage Laws that Would Impose Significant Burden Upon Contractors
Florida Condo Collapse Shows Town’s Rich, Middle-Class Divide
2021 2Q Cost Report: Industry Execs Believe Recovery Is in Full Swing
A Housing Frenzy Is Sparking Bidding Wars From New York to Shenzhen
Creating a Culture of Health, Safety and Well-Being in the Construction Industry
Florida Supreme Court Holds That Insurer Has Standing to Maintain Legal Malpractice Action Against Retained Defense Counsel
Construction Law in Florida Seminar
North Miami Beach Rejects as Incomplete 2nd Engineering Inspection Report From Evacuated Condo
Search in Florida Collapse to Take Weeks; Deaths Reach 90
“License and Registration, Please.” The Big Risk of Getting Busted for Working without a Proper Contractor’s License
Construction Delays: Which Method Should Be Used to Calculate Delay?
The Risks and Rewards of Sustainable Building Design
Judge Sentences Roofing Contractor Owner in Florida PPP Fraud Case
NIBS Consultative Council Issues Moving Forward Report on Healthy Buildings
Wilke Fleury Attorneys Featured In Northern California Super Lawyers 2021!
Court Dismisses Coverage Action In Lieu of Pending State Case
Lewis Brisbois Ranks Among Top 25 Firms on NLJ’s 2021 Women in Law Scorecard
China Bans Tallest Skyscrapers Following Safety Concerns
California Contractors: Amended Section 7141.5 Provides Important License Renewal Safety Net
Construction Industry Outlook: Building a Better Tomorrow
New York May Miss the Window to Convert Hotels to Affordable Housing
Preparing the Construction Workforce for an Upswing
New Hampshire Court Finds Hoteliers Sustained Covered COVID-19 BI Loss
The 41st IRMI Construction Risk Conference with In-Person and Virtual Options
Condo Collapse Spurs Hometown House Member to Demand U.S. Rules
California Federal Court Finds a Breach of Contract Exclusion in a CGL Policy Bars All Coverage for a Construction Defect Action
Insured's Failure to Prove Entire Collapse of Building Leads to Dismissal
Determining Occurrence for Injury Under Commercial General Liability Policy Without Applying “Trigger Theory”
The Cross-Party Exclusion: The Hazards of Additional Named Insured Provisions
Mortgagors Seek Coverage Under Mortgagee's Policy
A Court-Side Seat: As SCOTUS Decides Another Regulatory “Takings” Case, a Flurry of Action at EPA
One-Upmanship by Contractors In Prevailing Wage Decision Leads to a Bad Result for All . . . Perhaps
Haight’s Stevie Baris Selected for Super Lawyers’ 2021 Northern California Rising Stars
Daniel Ferhat Receives Two Awards for Service to the Legal Community
EPA Seeks Comment on Clean Water Act Section 401 Certification Rule
Henkels & McCoy Pays $1M in Federal Overtime-Pay Case
Arctic Roads and Runways Face the Prospect of Rapid Decline
White House Meets Builders, Unions on Home Shortage
Be Prepared With Emergency Response Planning
Claims that COVID-19 Present on Property Survive Motion to Dismiss
AGC’s Three Part Webinar Series: Claims, Change, Scheduling, Close Out--OH MY!
ABC Chapter President Comments on Miami Condo Collapse
The Almost-Collapse of a Sarasota, Florida Condo Building
Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act
Mediation Clause Can Stay a Miller Act Claim, Just Not Forever
A Court-Side Seat: SCOTUS Clarifies Alien Tort Statute and WOTUS Is Revisited
Ex-Turner Exec Gets 46 Months for Bloomberg Construction Bribes
Janeen Thomas Installed as State Director of WWBA, Receives First Ever President’s Award
NYT Points to Foreign Minister and Carlos Slim for Collapse of Mexico City Metro
COVID-19 Vaccine Considerations for Employers in the Construction Industry
Yet ANOTHER Reminder to Always Respond
Cal/OSHA Approves COVID-19 Emergency Temporary Standards; Executive Order Makes Them Effective Immediately
House Approves $715B Transportation and Water Infrastructure Bill
How to Fix America
Hits Keep Coming to Boston's Fenway Neighborhood
Out of the Shadows: Breaking the Stigma Surrounding Mental Health
Claim for Business Interruption Based on Government Orders Precluding Use of Property Survives Motion to Dismiss
26th Annual Oregon Construction Law Seminar
In One of the First Civil Jury Trials to Proceed Live in Los Angeles Superior Court During Covid, Aneta Freeman Successfully Prevailed on Behalf of our Client and Obtained a Directed Verdict and Non-Suit
Engineer Probing Champlain Towers Debacle Eyes Possibility of Three Successive Collapses
Florida Death Toll Rises by Three, Reaching 27 as Search Resumes
MDL for Claims Against Manufacturers and Distributors of PFAS-Containing AFFFs Focuses Attention on Key Issues
Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Not for GC’s
Anticipatory Repudiation of a Contract — The Prospective Breach
Shifting the Risk of Delay by Having Float Go Your Way
Congratulations to BWB&O’s 2021 Super Lawyers Rising Stars!
South Caroline Holds Actual Cash Value Can Include Depreciation of Labor Costs
What California’s COVID-19 Reopening Means for the Construction Industry
Update Regarding New York City’s Climate Mobilization Act (CMA) and the Reduction of Carbon Emissions in New York City
How Palm Beach Balances Mansion Politics Against Climate Change
Call to Conserve Power Raises Questions About Texas Grid Reliability
Top U.S. Lumber Maker Sees Decade of Strong Building Demand
Opinion: Will The Florida Condo Collapse Remind Americans of Their Aging Infrastructure?
New Jersey Law Requires Insurers to State Whether Business Interruption Policies Cover Global Virus Transmission, Pandemic Coverage
The Greenbuild International Conference and Expo
The Partial Building Collapse of the 12-Story Florida Condo
Amada Family Limited Partnership v. Pomeroy: Colorado Court of Appeals Expressly Affirms the Continuing Viability of the Common-Law After-Acquired Title Doctrine and Expressly Recognizes Utility Easements by Necessity
Examination of the Product Does Not Stop a Pennsylvania Court From Applying the Malfunction Theory
Keep it Simple with Nunn-Agreements in Colorado
Not All Design-Build Projects are Created Equal
The Pitfalls of Oral Agreements in the Construction Industry
ASCE Statement on The Partial Building Collapse in Surfside, Florida
When Employer’s Liability Coverage May Be Limited in New York
Some Work Cannot be Included in a Miller Act Claim
Terminating Contracts for Convenience — “Just Because”
Good News on Prices for Some Construction Materials
Flint Water Crisis and America’s Clean Water Access Failings
Wall Street’s Palm Beach Foray Fuels Developer Office Rush
Housing Boom Helps Prop Up 5.6% Annualized Growth in Canada
Diversity in Construction: Seven Tips for Successful DEI Programs
How COVID Impacts Insurance in Unforeseen Ways
28th Annual Washington Construction Law Seminar
Fifth Circuit Certifies Eight-Corners Duty to Defend Issue to Texas Supreme Court
“But it’s 2021!” Service of Motion to Vacate Via Email Found Insufficient by the Eleventh Circuit
JAMS Announces Updated Construction Rules
Building Materials Price Increase Clause for Contractors and Subcontractors – Three Options
Drafting or Negotiating A Subcontract–Questions To Consider
Sometimes a Reminder is in Order. . .
CSLB Begins Processing Applications for New B-2 License
Multiple Construction Errors Contributed to Mexico Subway Collapse
Zetlin & De Chiara Ranked in the Top Tier for Construction Law by Legal 500 USA
Berlin Lawmakers Get a New Green Workspace
Scientists Are Trying to Make California Forests More Fire Resilient
Crypto and NFTs Could Help People Become Real Estate Tycoons
Putting 3D First, a Model Bridge Rises in Norway
RBA Sees Residential Construction Rising Further, Boosting Costs
The Value of Mentorship in the Construction Industry
Hawaii Legislature Sends Three Insurance-Related Bills to the Governor
Protecting the Design Professional: Exploring Recent Construction Law Issues Impacting Risk-Shifting for Design Professionals
Industry Standard and Sole Negligence Defenses Can’t Fix a Defect
Conn. Appellate Court Overturns Jury Verdict, Holding Plaintiff’s Sole Remedy for Injuries Arising From Open Manhole Was State’s Highway Defect Statute
1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement Claims
The 2021 Top 50 Construction Law Firms™
Hurry Up and Wait! Cal/OSHA Hits Pause on Emergency Temporary Standards for COVID-19 Prevention
PSA: Latest Updates from AGC-VA on COVID Rules (UPDATED)
Courts Will Not Rewrite Your Post-Loss Property Insurance Obligations
A Court-Side Seat: Guam’s CERCLA Claim Allowed, a “Roundup” Verdict Upheld, and Judicial Process Privilege Lost
When an Insurer Proceeds as Subrogee, Defendants Should Not Assert Counterclaims Against the Insured/Subrogor
Haight’s Kristian Moriarty Selected for Super Lawyers’ 2021 Southern California Rising Stars
Hunton Andrews Kurth’s Insurance Recovery Practice, Partners Larry Bracken and Mike Levine Receive Band 1 Honors from Chambers USA in Georgia
Palm Beach Billionaires’ Fix for Sinking Megamansions: Build Bigger
Former NJ Army Base $2B Makeover is 'Buzzsaw' of Activity
New York City Pensions to Fund $250 Million Apartment Venture
Construction Financial Management in the COVID Economy
Construction Site Injuries: Avoiding and Limiting Liability
The 2021 AGC Annual Convention
Texas Mechanic’s Lien Law Update: New Law Brings a Little Relief for Subcontractors and a Lot of Relief for Design Professionals
Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor's Policy
Alert: AAA Construction Industry Rules Update
Florida Supreme Court Adopts Federal Summary Judgment Standard, Substantially Conforming Florida’s Rule 1.510 to Federal Rule 56
Responding to Ransomware Learning from Colonial Pipeline
How Are You Dealing with Material Delays / Supply Chain Impacts?
Cause Still Unclear in March Retaining Wall Collapse on $900M NJ Interchange
Chambers USA 2021 Ranks White and Williams as a Leading Law Firm
Surviving the Construction Law Backlog: Nontraditional Approaches to Resolution
Chambers USA 2021 Recognizes Five Partners and Two Practices at Lewis Brisbois
For Smart Home Technology, the Contract Is Key
Congratulations to Karen Baytosh and August Hotchkin on Their Recognition as 2021 Nevada Legal Elites!
From Singapore to Rio Green Buildings Keep Tropical Tenants Cool
Housing Is So Hot That U.S. Builders Have to Stop Taking Orders
Biden Restores Obama-Era Local-Hire Pilot Program on FHWA, FTA Projects
Reinsurance Litigants May Need to Avoid Putting Their Faith in the Tort of Bad Faith
Charting Your Path to an ADR Practice: Practical Advice to Help You Prepare to Serve as a Construction Arbitrator or Mediator
Alabama Federal Magistrate Recommends Dismissal of Construction Defect Declaratory Judgment Action Due to Expanded Duty to Defend Standard
Court of Appeals Discusses the Difference Between “Claims-Made” and “Occurrence-Based” Insurance Policies
Texas Legislature Puts a Spear in Doctrine Making Contractor Warrantor of Owner Furnished Plans and Specifications
Ninth Circuit Affirms Dismissal Secured by Lewis Brisbois in Coverage Dispute Involving San Francisco 49ers’ Levi Stadium
Project-Specific Policies and Products-Completed Operations Hazard Extensions
A Court-Side Seat: Permit Shields, Hurricane Harvey and the Decriminalization of “Incidental Taking”
Material Prices Climb…And Climb…Are You Considering A Material Escalation Provision?
Beam Fracture on Closed Mississippi River Bridge Is at Least Two Years Old
Feds to Repair Damage From Halted Border Wall Work in Texas, California
Georgia State and Local Governments Receive Expanded Authority for Conservation Projects
Comply with your Insurance Policy's Conditions Precedent (Post-Loss Obligations)
New York Assembly Reconsiders ‘Bad Faith’ Bill
Replacing Coal Plants with Renewables Is Cheaper 80% of the Time
U.S. Homebuilder Confidence Steady as Low Rates Buck High Costs
Biden Administration Repeals Trump-Era Independent Contractor Rule, Signals Change to Joint Employer Rule
California Federal District Court Denies, in Part, Insurer's Motion to Dismiss COVID-19 Business Interruption Claim
George Pitcher and Tessan Wess to Present at OADC 2021 Annual Convention
Not All Work is Covered Under the Federal Miller Act
Don’t Believe Everything You Hear: Liability of Asbestos Pipe Manufacturer Upheld Despite Exculpatory Testimony of Plaintiff
Be Aware of Two New Statutes that Became Effective May 1, 2021
Florida Federal Court to Examine Issues of Alleged Arbitrator Conflicts of Interests in Panama Canal Case
"Multiple Claims" Provisions on Contractor's Professional Liability Policy Creates a Trap for Policyholders
Cross-Motions for Partial Judgment on the Pleadings for COVID-19 Claim Denied
Lewis Brisbois Appellate Team Scores Major Victory in Bad Faith Insurance Action
Allegations That COVID-19 Was Physically Present and Altered Property are Sufficient to Sustain COVID-19 Business Interruption Suit
Patrick Haggerty Promoted to Counsel
Federal Judge Vacates CDC Eviction Moratorium Nationwide
Construction Contractors Must Understand Retainage In 2021
How a Maryland County Created the Gold Standard for Building Emissions Reduction
L.A.’s Modest Solution to the ‘Missing Middle’ Housing Problem
Builders Scour for Cheaper Lumber as Futures Prices Tumble
In 2021, Industry Needs to Hire an Additional 430,000 Craft Professionals
Illinois Federal District Court Finds Duty to Defend COVID-19 Claim
2021 ABC Virtual Legal Conference
Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition
CGL, Builders Risk Coverage and Exclusions When Construction Defects Cause Property Damage
English v. RKK- There is Even More to the Story
New Hampshire Applies Crete/Sutton Doctrine to Bar Subrogation Against College Dormitory Residents
Know and Meet Your Notice Requirements or Lose Your Payment Bond Claims
Construction Costs Must Be Reasonable
Virtual Jury Trials of Construction Disputes: The Necessary Union of Both Sides of the Brain
Florida Governor Signs COVID-19 Liability Shield
Mexico City Metro Collapse Kills 24 After Neighbors’ Warnings
New York Assembly Reconsiders ‘Bad Faith’ Bill
Environmental Justice Legislation Update
Pay Inequities Are a Symptom of Broader Gender Biases, Studies Show
Google Advances Green Goal With AES Deal for Carbon-Free Power
Canadian Lumber Producers to Expand U.S. Mills Amid Home Boom
When the Construction Project Team Made 122 Design Changes in the Name of Safety
Construction’s Road Through 2021 Will Have Bumps—But Not Insurmountable Ones
5th Annual Insurance in the Construction Industry Seminar
Implied Warranty Claims–Not Just a Seller’s Risk: Builders Beware!
Saved By The Statute: The Economic Loss Doctrine Does Not Bar Claims Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
Claims against Broker for Insufficient Coverage Fail
Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy
Green Construction Claims: More of the Same
Hydrogen Powers Its Way from Proof of Concept to Reality in Real Estate
Courts Generally Favor the Enforcement of Arbitration Provisions
Bert Hummel Appointed to Chief Justice’s Commission on Professionalism
How to Protect a Construction-Related Invention
Biden Unveils $2.3 Trillion American Jobs Plan
Caveat Emptor (“Buyer Beware!”) Exceptions
Biden's Next 100 Days: Major Impacts Expected for the Construction Industry
Detroit Showed What ‘Build Back Better’ Can Look Like
Beverly Hills Homeowner Scores $83 Million Loan to Expand Mansion
New Orleans Officials Select Developer for $1-Billion Riverfront Project
New York’s App. Div., Second Dept. Addresses Policy Exhaustion Issue, But Doesn’t Resolve Lower Court Split
Save the Date: 2021 West Coast Casualty Seminar
Mechanic’s Liens and Leases Don’t Often Mix Well
Court Finds that Subcontractor Lacks Standing to Appeal Summary Judgment Order Simply Because Subcontractor “Might” Lose at Trial Due to Order
No Duty to Defend Under Renter's Policy
Four Key Steps for a Successful Construction Audit Process
Accessibility Considerations – What Your Company Should Be Aware of in 2021
Blindly Relying on Public Adjuster or Loss Consultant’s False Estimate Can Play Out Badly
Suzanne Pollack Elected to Lawyers Club of San Diego 2021 Board of Directors
Hunton Andrews Kurth Insurance Attorney, Latosha M. Ellis, Honored by Business Insurance Magazine
Evaluating Smart Home Technology: It’s About More Than the Bottom Line
COVID-19 Pandemic Preference Amendments to Bankruptcy Code Benefiting Vendors, Customers, Commercial Landlords and Tenants
Congratulations to Haight’s 2021 Super Lawyers San Diego Rising Stars
NYC’s Developers Plow Ahead With Ambitious Plans to Reshape City
Calling the Shots
Canary Wharf May Scrap Planned Office Skyscraper for Apartments
Construction Adds 110,000 Jobs in March
Fancier Homes Mean Higher Insurance Premiums Under New Flood System
Construction Project Scheduling & Delay Claims Seminar
Pass-Through Subcontractor Claims, Liquidating Agreements, and Avoiding a Two-Front War
Cybersecurity "Flash" Warning for Construction and Manufacturing Businesses
The Value of Photographic Evidence in Construction Litigation
Three Key Takeaways from Recent Hotel Website ADA Litigation
US Court Disputes $1.8B AECOM Damage Award in ‘Remarkable Fraud’ Suit
Mitigate Construction Risk Through Use of Contingency
Clearly Determining in Contract Who Determines Arbitrability of Dispute
Connecticut Appellate Court Breaks New Ground on Policy Exhaustion
The Court-Side Seat: FERC Reviews, Panda Power Plaints and Sovereign Immunity
Congratulations Devin Brunson on His Promotion to Partner!
Why Biden’s Infrastructure Plan Is a Green Jobs Plan
Oklahoma Finds Policy Can Be Assigned Post-Loss
Macron Visits Notre Dame 2 Years After Devastating Fire

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Surfside Mayor Tells Tenants They Must Leave Miami Beach Building He Owns for Repairs

WPLG Local 10 reports that Charles Burkett is giving the tenants 45 days to vacate the units at The Lois Apartments, at 2001 Bay Dr., in the Isle of Normandy, so needed construction can begin.

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Several Injured in Casino Explosion in Hollywood, Florida

According to WPLG Local 10, most of the injuries suffered were minor, officials say, after a fire suppression tank exploded at the Seminole Classic Casino Hollywood on Monday morning.

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New Trouble With San Francisco's Millennium Tower

NBC Bay Area reports there’s new, big trouble with San Francisco’s infamous Millennium Tower.

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OIG On Hard Rock Collapse

WDSU News reports that criminal charges are recommended against two more city employees.

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U.S. Still Reeling from Hurricane Ida's Impact

Elise Preston of CBS Evening News reports at least 63 people have died and total damage is estimated at $95 billion.

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Round Hurricane Houses Are Designed to Withstand 190 MPH Winds

Inside Edition reports Deltec Homes, the company that designed Bonnie’s hurricane-proof home, says they are built to be twice as strong as the typical house, and are aerodynamically shaped.

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