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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, APRIL 23, 2019
Safety Versus a False Sense of Security: Challenges to the Use of Construction Cranes
At Least 23 Dead as Tornadoes, Severe Storms Ravage South
In UK, 16th Century Abbey Modernizes Heating System by Going Back to Roman Times
NBI Seminar: Construction Law: Advanced Issues and Answers
Maximizing Mandated Mediation in D&O Coverage Disputes
Plan for 3 Percent Uptick in Construction Spending in 2019
Homebuilder Persimmon Plc Profit Tops 1 Billion Pounds After Help-to-Buy Boost
Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors
Pennsylvania Federal Court Addresses Recurring Asbestos Coverage Issues
Coyness is Nice. Just Not When Seeking a Default Judgment
Wisconsin High Court Rejects Insurer’s Misuse of “Other Insurance” Provision
Solicitor General’s Views to Supreme Court on Two Circuit Court Rulings that Groundwater Can be Considered “Waters of the United States”
A Behind-the-Scenes Look at Substitution Hearings Under California’s Listing Law
Hunton Insurance Partner, Larry Bracken, Elected to the American College of Coverage Counsel
PSA: Performing Construction Work in Virginia Requires a Contractor’s License
Federal Lawsuit Accuses MOX Contractors of Fraud
Suit Limitation Provision Upheld
The New Industrial Revolution: Rebuilding America and the World
Blue-Sky Floods Take a Rising Toll for Businesses
Denver Airport's Renovator Uncovers Potential Snag
Groundbreaking Women in Construction Conference
DFS Wins New York State Appeal Reinstating Portions of Regulation Aimed at Controlling Title Insurance “Marketing” Expenses
Three Ways Technology Is Changing How We Look at a Construction Site
Prosecutions of Union Officials in 2018 Unmasked Theft, Embezzlement
General Release of Contractor Upheld Despite Knowledge of Construction Defects
Texas Supreme Court Holds Anadarko’s $100M Deepwater Horizon Defense Costs Are Not Subject To Joint Venture Liability Limits
Reasonableness of Denial of Requests for Admission Based Upon Expert’s Opinions Depends On Factors Within Party’s Understanding
Eleventh Circuit Reverses Attorneys’ Fee Award to Performance Bond Sureties in Dispute with Contractor arising from Claim against Subcontractor Performance Bond
Ninth Circuit Clears the Way for Review of Oregon District Court’s Rulings in Controversial Climate Change Case
New York Appellate Court Expands Policyholders’ Ability to Plead and Seek Consequential Damages
Federal Government Partial Shutdown – Picking Up the Pieces
Floors Collapse at Russian University in St. Petersburg
The Complex Insurance Coverage Reporter – A Year in Review
Attorney's Erroneous Conclusion that Limitations Period Had Not Expired Was Not Grounds For Relief Under C.C.P. § 473(b)
Three Reasons Lean Construction Principles Are Still Valid
The Proposed House Green New Deal Resolution
GE to Repay $87 Million for Scaled-Back Headquarters Plan
Sherman & Howard’s Annual Construction Law Seminar
Year in Review: Top Insurance Cases of 2018
Contractors Report Strong Opposition to PLA Mandates
2018 International Green Construction Code: Streamlined Code Development
Subcontractors Have Remedies, Even if “Pay-if-Paid” Provisions are Enforced
Don’t Assume Your Insurance Covers A Newly Acquired Company
Differing Site Conditions Produce Differing Challenges
AB 3018: Amendments to the Skilled and Trained Workforce Requirements on California Public Projects
Supreme Court of Wisconsin Applies Pro Rata Allocation Based on Policy Limits to Co-Insurance Dispute
Pennsylvania Commonwealth Court Holds that Nearly All Project Labor Agreements are Illegal
Eleventh Circuit Holds that EPA Superfund Remedial Actions are Usually Entitled to the FTCA “Discretionary Function” Exemption
Wilke Fleury Celebrates the Addition of Two New Partners
Timely Legal Trends and Developments for Construction
New California Employment Laws Affect the Construction Industry for 2019
Avoiding Disaster Due to Improper Licensing
Going Digital in 2019: The Latest Technology for a Bright Future in Construction
When Brad Pitt Tried to Save the Lower Ninth Ward
Tucson ABA Insurance Coverage Seminar Coming Soon
Texas Supreme Court Holds Anadarko May Be Able to Recover Substantial Deepwater Horizon Defense Costs from Insurers
Scaling up Building Sustainability Assessments with BIM Model Checker Tools
Green Builders Embrace the Three Ps: People, Planet and Profit
Massachusetts Federal Court Holds No Coverage for Mold and Water Damage Claim
Nine Newmeyer & Dillion Attorneys Recognized as Southern California Super Lawyers
Bailout for an Improperly Drafted Indemnification Provision
No Coverage for Defects in Subcontrator's Own Work
Let the 90-Day Countdown Begin
Terms of Your Teaming Agreement Matter
Personal Injury Claims – The Basics
Auditor: Prematurely Awarded Contracts Increased Honolulu Rail Cost by $354M
The Law Clinic Paves Way to the Digitalization of Built Environment Processes
Drafting a Contractual Arbitration Provision
As Trump Visits Border, Texas Landowners Prepare to Fight the Wall
Digital Twins – Interview with Cristina Savian
New Jersey Imposes New Apprenticeship Training Requirements
NBI Seminar: Real Estate Law Boot Camp
Insured May Recover Consequential Damages From Insurer’s Breach of Duty to Defend
Leo Sveikauskas: Federal Economist Leads Design of a More Reliable Construction Productivity Measure
Assessing SB 35—Success or Failure?
California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite
Existence of “Duty” in Negligence Action is Question of Law
Supreme Court Rejects “Wholly Groundless” Exception to Question of Arbitrability
EPA Announces that January 2017 Revised RMP Rules are Now Effective
More on Fraud, Opinions and Contracts
ADA Compliance Checklist For Your Business
Updates to the CEQA Guidelines Have Been Finalized
John Aho: Engineer Pushed for Seismic Safety in Alaska Ahead of 2018 Earthquake
What Makes a Great Lawyer?
Taking Care of Infrastructure – Interview with Marilyn Grabowski
Don’t Just Document- Document Right!
Kansas City Airport Terminal Project Faces Delays, Rising Costs
IoT: Take Guessing Out of the Concrete Drying Process
The Seminar Group's Insurance in the Construction Industry
Insured Proves Collapse, but Fails to Establish Any Value for Loss
New Systems Aim to Improve Jobsite Safety Awareness
Homie Can’t Do That
In Massachusetts, the Statute of Repose Applies to Consumer Protection Claims Against Building Contractors
Deterioration Known To Insured Forecloses Collapse Coverage
Plaintiffs’ Claims in Barry v. Weyerhaeuser Company are Likely to Proceed after Initial Hurdle
Joint Venture Dispute Over Profits
Florida Decides Against Adopting Daubert
More thoughts on Virginia Mechanic’s Liens
An Expert’s Qualifications are Important
Counsel Investigating Coverage Can be Sued for Invasion of Privacy
What You Don’t Know About Construction Law Can Hurt Your Engineering Firm (Law Note)
Providing “Labor” Under the Miller Act
Contractor Gets Green Light to Fix Two Fractured Girders at Salesforce Transit Center
Are “Green” Building Designations and Certifications Truly Necessary?
E-Commerce Logistics Test Limits of Tilt-Up Construction
Insurance in the Construction Industry
Labor Costs Not Excluded From Depreciation When Determining Actual Cash Value
Contractors See Bright 2019, But Finding Workers Is Still Tough
Better Indoor Environments with Real-Time IoT Data
Developer’s Failure to Plead Amount of Damages in Cross-Complaint Fatal to Direct Action Against Subcontractor’s Insurers Based on Default Judgment
Certified Question Asks Washington Supreme Court Whether Insurer is Bound by Contradictory Certificate of Insurance
New York State Trial Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
Naughty or Nice. Contractor Receives Two Lumps of Coal in Administrative Dispute
Inability to Confirm Coverage Supports Setting Aside Insured’s Default Judgment on Grounds of Extrinsic Mistake
New York Appellate Court Holds Insurer’s Failure to Defend Does Not Constitute a “Reasonable Excuse” Required to Overturn Judgment
Eighth Circuit Affirms Judgment for Bad Faith after Insured's Home Destroyed by Fire
Be Careful with Continuous Breach and Statute of Limitations
How Your Disgruntled Client Can Turn Into Your Very Own Car Crash! (and How to Avoid It) (Law Tips)
Two Things to Consider Before Making Warranty Repairs
Court Addresses Damages Under Homeowners Insurance Policy
When is a Contract not a Contract?
Contractual Waiver of Consequential Damages
Legal Aspects of Construction Contracts
Forest Fire Constitutes One Occurrence
Five Innovations Powering the Construction Equipment of the Future
Viewpoint: Recruiting Efforts Alone Won’t Solve the Skilled Trade Shortage
Wisconsin Court of Appeals Holds Economic Loss Doctrine Applies to Damage to Other Property If It Was a Foreseeable Result of Disappointed Contractual Expectations
Class Actions Under California’s Right to Repair Act. Nope. Well . . . Nope.
Construction Firm Settles Suit Over 2012 Calif. Wildfire
Anti-Concurrent Causation Clause Preserves Possibility of Coverage
Insurer Prohibited from Bringing Separate Contribution Action in Subrogation to Rights of Suspended Insured
Spearin Doctrine: Alive, Well and Thriving on its 100th Birthday
Non-compliance With Endorsement Means No Indemnity Coverage
2019 California Construction Law Update
Liquidated Damages: A Dangerous Afterthought
Outcry Over Peru’s Vast Graft Probe Prompts Top Lawyer to Quit
60-Mile-Long Drone Inspection Flight Points to the Future
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

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