constructiondefectjournal.com
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SATURDAY, AUGUST 18, 2018
Kushner Company Files Suit Against Jersey City Over Delays to Planned Towers
Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial
Legislation Update: S-865 Public-Private Partnerships in New Jersey Passed by Both Houses-Awaiting Governor’s Signature
As Evidence Grows, Regions Prepare for Sea Level Rise
Where Mechanic’s Liens and Contracts Collide
Workers Compensation Immunity and the Intentional Tort Exception
Need to Cover Yourself for “Crisis” Changes on a Job Site? Try These Tips (guest post)
California Supreme Court Clarifies Deadline to File Anti-SLAPP Motions in Light of Amended Pleadings
Contractors Can No Longer Make Roof Repairs Following Their Own Inspections
Human Eye Resolution Virtual Reality for AEC
What are Section 8(f) Agreements?
Supreme Court Overrules Longstanding Decision Supporting Collection of Union Agency Fees
Is Arbitration Final and Binding?
California Supreme Court Protects California Policyholders for Intentional Acts of Employees
California Construction Law Seminar Presented by the Seminar Group
Hurricane Prevention Reduces Business Loss Exposures
Increase in Western States Permits Causes Nationwide Numbers to Surge
Construction Owners Seek Success Through Collaboration
NBI Seminar: Construction Contracts from Start to Finish
Lorman Seminar: Construction Early Dispute Resolution Fundamentals
Four Ways to Ensure Equipment Weathers the Storm
Issues of Fact Require Denial of Insurer's Summary Judgment Motion in Collapse Case
Better Design of HVAC Systems with VR
California Supreme Court Rights the “Occurrence” Ship: Unintended Harm Resulting from Intentional Conduct Triggers Coverage Under Liability Insurance Policy
Battle of Experts Cannot Be Decided on Summary Judgment
California Supreme Court Holds Insured Entitled to Coverage Under CGL Policy for Negligent Hiring
Florida Extends Filing Time for Claims Subject to the Statute of Repose
Haight Attorneys Selected to 2018 Southern California Rising Stars List
A General Contractors Guide to Bond Thresholds by State
“Positive Limiting Barriers” Are An Open and Obvious Condition, Relieving Owner of Duty to Warn
Slavin Doctrine and Defense from Patent Defects
Contractor’s Charge Of Improvements To Real Property Not Required For Laborers To Have Lien Rights
South Carolina’s New Insurance Data Security Act: Pebbles Before a Landslide?
State of Texas’ Claims Time Barred by 1982 Nuclear Waste Policy Act
Owners and Contractors Beware: Pennsylvania (Significantly) Strengthens Contractor Payment Act
Perrin Construction Defect Claims & Trial Conference
AGC’s Safety & Health Conference
Northwest Builders Add Jobs To Keep Up the Pace
Ivory Coast Seeks Return of Golden Age With Roads, Bridges
Coverage Found for Water Damage Caused by Collapsed Plumbing System
California Supreme Court Addresses “Good Faith” Construction Disputes Under Prompt Payment Laws
Investigators Explain Focus on Pre-Collapse Cracking in Florida Bridge
Texas Supreme Court: Breach of Contract Not Required to Prevail on Statutory Bad Faith Claim
Court Adopts Magistrate's Recommendation to Deny Insurer's Summary Judgment Motion in Collapse Case
Accident/Occurrence Requirement Does not Preclude Coverage for Vicarious Liability or Negligent Supervision
Constructive Change Directives / Directed Changes
2018 Legislative Changes Affecting the Construction Industry
NY Pay-to-Play Charges Dropped Against LPCiminelli Executive As Another Pleads Guilty
Strict Rules for Home Remodel Contracts in California
Another Reminder that Your Construction Contract Language Matters
Sometimes, Being too Cute with Pleading Allegations is Unnecessary
Pennsylvania Sues Firms to Recoup Harrisburg Incinerator Losses
Forecast Sunny for Solar Contractors in California
Construction Delay, Acceleration and Inefficiency Claims Seminar
U.S. Homebuilder Sentiment Rises for First Time Since December
Sweco Boosts Construction Productivity and Quality with AI
Hawaii Legislature Passes Six Insurance-Related Bills
Insurer Must Defend Contractor Against Claims of Faulty Workmanship
It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.
Two Injured in Walkway Collapse of Detroit Apartment Complex
“But I didn’t know what I was signing….”
Georgia Legislature Passes Additional Procurement Rules
Federal Contractors Should Request Debriefings As A Matter Of Course
Insurance Policies Broadly Defining “Suits” May Prompt an Insurer’s Duty to Defend and Indemnify During the Chapter 558 Pre-Suit Notice Process
Exculpatory Provisions in Business Contracts
Strategy for Enforcement of Dispute Resolution Rights
New Rule Prohibits Use of Funds For Certain DoD Construction and Infrastructure Programs and Projects
The ARC and The Covenants
What is Toxic Mold Litigation?
Type I Differing Site Conditions Claim is Not Easy to Prove
HalfMoon Seminar: Special Inspections under California Building Code Chapter 17
Texas Leads in Year-Over-Year Construction Job Gains, Experts See Regional Growth Ahead
Survey: Manual Processes Hurt Quality Control and Add Costs on Construction Sites
Coverage for Loss Caused by The Big Island's Volcanic Eruptions
WCC and BHA Raised Thousands for Children’s Cancer Research at 25th West Coast Casualty CD Seminar
Don MacGregor of Bert L. Howe & Associates Awarded Silver Star Award at WCC Construction Defect Seminar
The Evolution of Construction Defect Trends at West Coast Casualty Seminar
How to Challenge a Project Labor Agreement
United States Supreme Court Upholds Class Action Waivers in Arbitration Agreements
New Jersey’s Governor Puts Construction Firms on Formal Notice of His Focus on Misclassification of Workers as Independent Contractors
Terminating A Subcontractor Or Sub-Tier Contractor—Not So Fast—Read Your Contract!
Eleventh Circuit Upholds Coverage for Environmental Damage from Sewage, Concluding It is Not a “Pollutant”
Developers Celebrate Arizona’s Opportunity Zones
Receiving a $0 Verdict and Still Being Deemed the Prevailing Party for Purposes of Attorney’s Fees
Coverage Denied for Condominium Managing Agent
The Top 10 Changes to the AIA A201: What You Need to Know
Surviving a Tornado – How to Navigate Insurance Claims in the Wake of the Recent Connecticut Storm
West Coast Casualty’s 25th Construction Defect Seminar Has Begun
Care for Life: Sharing Construction Safety Ideas and Best Practices Creates Industry Unity
Insurer Must Defend Claims of Faulty Workmanship That Damage Another's Work
Builders Seek New Defenses Against Jobsite Fires
Save the Date: 2019 AEC BuildTech Conference & Expo
Maryland Legislation Prohibits Condominium Developers from Shortening Statute of Limitations to Defeat Unit Owner Construction Defect Claims
Arizona – New Discovery Rules
Let it Shine: California Mandates Rooftop Solar for New Residential Construction
Does the Miller Act Trump Subcontract Dispute Provisions?
The Importance of the Subcontractor Exception to the “Your Work” Exclusion
Property Owner Entitled to Rely on Zoning Administrator Advice
Part I: Key Provisions of School Facility Construction & Design Contracts
Residential Contractors, Be Sure to Have these Clauses in Your Contracts
Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense
Impaired Property Exclusion Bars Coverage When Loose Bolt Interferes with MRI Unit Operation
Important Environmental Insurance Ruling Issued In Protracted Insurance-Coverage Dispute
"Ordinance or Law" Provision Mandates Coverage for Roof Repair
HalfMoon Seminar: Complying with OSHA Construction Safety Regulations
Coverage Case for Construction Defects Transferred to Hawaii
U.S. Existing-Home Sales Rise as Properties Draw Quick Bids
House FAA Bill Moves Up on the Runway
25 Years of West Coast Casualty’s Construction Defect Seminar
The Evolution of Construction Defect Trends at West Coast Casualty Seminar
BHA Has a Nice Swing
A Sample Itinerary to get the Most out of West Coast Casualty’s Construction Defect Seminar
Decades of WCC Seminar at the Disneyland Resort
20 Years of BHA at West Coast Casualty's CD Seminar: Chronicling BHA's Innovative Exhibits
A Look Back at the Ollies
Beyond the Disneyland Resort: Dining
An Era of Legends
Beyond the Disneyland Resort: Special Events
West Coast Casualty’s Quarter Century of Service
Beyond the Disneyland Resort: Museums
Beyond the Disneyland Resort: World Class Shopping Experiences
Lorman Live Webinar: California Contractor License Law Update
Construction Management Fee Exclusion Bars Coverage
Solus Says It May Buy Hovnanian Bonds to Cut Loss From CDS
Mock-Up Work Raises Confidence in Radical Steel Structure
Under Colorado House Bill 17-1279, HOA Boards Now Must Get Members’ Informed Consent Before Bringing A Construction Defect Action
Edinburg School Inspections Uncovered Structural Construction Defects
Triggering Duty to Advance Costs Same Standard as Duty to Defend
Repairing One’s Own Work and the one Year Statute of Limitations to Sue a Miller Act Payment Bond
Eighth Circuit Considers Judicial Estoppel in Hazardous Substance Release-Related Personal Injury Case
Are Proprietary Specifications Illegal?
Ninth Circuit Upholds Corps’ Issuance of CWA Section 404 Permit for Newhall Ranch Project Near Santa Clarita, CA
Suit Against Broker for Securing Inadequate Coverage Dismissed on Statute of Limitations Grounds
2018 Spending Plan Boosts Funding for Affordable Housing
What is Toxic Mold Litigation?
Contract Change #1- Insurance in the A201 (law note)
Statutory Bad Faith and an Insured’s 60 Day Notice to Cure
Water Leak Covered for First Thirteen Days
Defense Owed To Additional Insured General Contractor
U.S. Homebuilder Outlook Eases While Hovering Near 18-Year High
Halfmoon Seminar: Complying with Fire and Building Codes
Theories Outrun Reliable Facts in Florida Bridge Collapse
Charges in Kansas Water Park Death
Settling with Some, But Not All, of the Defendants in a Construction Defect Case
In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine
Comparing Contracts: A Review of the AIA 201 and ConsensusDocs - Part II
The General Assembly Adds Some Clarity to Contracts and Unlicensed Contractors
Change #7- Contractor’s Means & Methods (law note)
Contract Change #8: Direct Communications between Owners and Contractors (law note)
Contract Change #9: Owner’s Right to Carry Out the Work (law note)
Contract Change # 10: Differing Site Conditions (law note)
Court Narrowly Interprets “Faulty Workmanship” Provision
Account for the Imposition of Material Tariffs in your Construction Contract
Why Insurers and Their Attorneys Need to Pay Close Attention to Their Discovery Burden in Washington
Lorman Live Webinar: How to Read Key Clauses in Boilerplate Contracts
Absence of Property Damage Leads to Rejection of Insured's Claim
Princeton Must Build More Affordable Housing, N.J. Judge Rules
Blaze at Denver Construction Site Kills Two, Injures at Least Six More
Court of Appeal Confirms Privette Doctrine as Applied to Passive Conduct of Property Owner
“Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention
Construction Feb. Jobs Jump by 61,000, Jobless Rate Up from Jan.
Construction Lien Needs to Be Recorded Within 90 Days from Lienor’s Final Furnishing
CA Supreme Court Set to Rule on Important Occurrence Issue Certified by Ninth Circuit
Insurer's Motion to Dismiss Complaint for Collapse Coverage Fails
Negligence Against a Construction Manager Agent
Comparing Contracts: A Review of the AIA 201 and ConsensusDocs - Part I
Court Holds That Property Insurance Does Not Cover Economic Loss From Purchasing Counterfeit Vintage Wine
Legislative Update – The CSLB’s Study Under SB465
New Tariffs Could Shorten Construction Expansion Cycle
Jury Instruction That Fails to Utilize Concurrent Cause for Property Loss is Erroneous
Fire Tests Inspire More Robust Timber Product Standard
Limited Fees Awarded to Insured After Partial Victory Over Insurer
Trump’s Tariff Is Forcing Homebuilders to Cut Costs
2018 CLM & Business Insurance Construction Conference
States Push Rapid Growth of Microgrids
Why You Make A Better Wall Than A Window: Why Policyholders Can Rest Assured That Insurers Should Pay Legal Bills for Claims with Potential Coverage
California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction
Finding Plaintiff Intentionally Spoliated Evidence, the Northern District of Indiana Imposes Sanction
New York Court Enforces Construction Management Exclusion
Connecting Construction Project Information: Open Technology Databases Improve Project Communication, Collaboration and Visibility
Insurer Defends Denial in Property Coverage Dispute Involving Marijuana Growing Operations
Evacuations in Santa Barbara County as more Mudslides are Predicted
Why Is California Rebuilding in Fire Country? Because You’re Paying for It
The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver
Property Insurance Exclusion for Constant or Repeated Leakage of Water
Protect Against Design Errors With Owners Protective Professional Indemnity Coverage
Appraiser Declarations Inadmissible When Offered to Challenge the Merits of an Appraisal Award
Colorado Court Holds No Coverage for Breach of Contract Claim
Lorman Live Webinar: AIA Documents B-Series: Agreement Between Owner and Architect
Claim for Punitive Damages Against Agent Should Go to Jury
New Ideas On How to Cope With Lawsuit Discovery
U.S. Pending Home Sales Gauge Falls to Lowest Since 2014
Potential Pitfalls Under the Contract Disputes Act for Federal Government Contractors
Construction Is Holding Back the Economy
Administration Seeks To Build New FBI HQ on Current D.C. Site
Keeping Up With Fast-moving FAA Drone Regulations
What Types of “Damages Claims” Survive a Trustee’s Sale?
A Third of U.S. Homebuyers Are Bidding Sight Unseen
A Good Examination of Fraud, Contract and Negligence Per Se
NY Court Holds Excess Liability Coverage Could Never be Triggered Where Employers’ Liability Policy Provided Unlimited Insurance Coverage
Loss of Use From Allegedly Improper Drainage System Triggers Defense Under CGL Policy
Owner Bankruptcy: What’s a Contractor to Do?
UK's Biggest Construction Show Bans 'Promo Girls'
Buffett’s $11 Million Beach House Is Still on the Market
Ninth Circuit: Speculative Injuries Do Not Confer Article III Standing
Construction Law Institute – The Florida Bar
Taiwan Earthquake Kills 12 and Triggers Investigations
U.S. Homebuilder Sentiment Remains Near Highest Level Since 1999
Duty to Defend Owed From Date of Window Installation Even Absent Allegations As To When Property Damage Occurred
California Supreme Court Confirms the Right to Repair Act as the Exclusive Remedy for Seeking Relief for Defects in New Residential Construction
Misread of Other Insurance Clause Becomes Costly for Insurer
First-Time Homebuyers Make Biggest Share of Deals in 17 Years
Experts Weigh In on Bilingual Best Practices for Jobsites
Making the Construction Industry a Safer place for Women
You Don’t Have To Be a Consumer to Assert a FDUTPA Claim
Bad News for Buyers: U.S. Mortgage Rates Hit Highest Since 2014
Making Construction Innovation Stick
William Lyon to Acquire RSI Communities
Sales of Existing U.S. Homes Unexpectedly Fell in January
Why a Challenge to Philadelphia’s Project Labor Agreement Would Be Successful
Monitoring Building Moisture with RFID – Interview with Jarmo Tuppurainen
Bribe Charges Take Toll on NY Contractor
West Coast Casualty Construction Defect Seminar
No Coverage Defenses After Two-Year Delay to Appear In Declaratory Judgment Action
Home Prices Hit Records in Almost Two-Thirds of U.S. Cities
Construction Adds 36,000 Jobs in Jan., Jobless Rate Dips from 2017
And the Winner Is . . . The Right to Repair Act!
How Small Mistakes Can Have Serious Consequences Under California's Contractor Licensing Laws.
Modified Plan Unveiled for Chicago's Sixth-Tallest Tower
A New Hope - You Now May Have Coverage for Punitive Damages in Connecticut
What Rich Millennials Want in a Luxury Home: 20,000 Square Feet
Review the Terms and Conditions of Purchase Orders- They Could be Important!
Contractors: Consult Your Insurance Broker Regarding Your CGL Policy
Las Vegas Student Housing Developer Will Name Replacement Contractor
Construction Defect Claim Must Be Defended Under Florida Law
Open & Known Hazards Under the Kinsman Exception to Privette
Ambiguity Kills in Construction Contracting
Diggin’ Ain’t Easy: Remember to Give Notice Before You Excavate in California
New Spending Measure Has Big Potential Infrastructure Boost
Construction Contract Webinar
Negligent Misrepresentation Not Covered by Homeowner's Policy
Toronto Home Sales Plunge Under New Lending Rules
Productivity Gains Found in New BLS Data
Appellate Court Endorses Discretionary Test for Vicarious Disqualification of Law Firms Due To New Attorney’s Conflict
The Right to Repair Act (Civ.C §895 et seq.) Applies and is the Exclusive Remedy for a Homeowner Alleging Construction Defects
Florida Federal Court Reinforces Principle That Precise Policy Language Is Required Before An Insurer Can Deny Coverage Based On An Exclusion
Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs
Compliance with Building Code Included in Property Damage
2018 Super Bowl US. Bank Stadium in Minneapolis
The Indemnification Limitation in Section 725.06 does not apply to Utility Horizontal-Type Projects
U.S. Construction Spending Rose in 2017 by Least in Six Years
Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors
Whose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant Dispute
But Wait There’s More: Preserving Claims on Commonwealth Projects
The Contract Disputes Act: What Every Federal Government Contractor Should Know
Lessons Learned from Implementing Infrastructure BIM in Helsinki
CA Supreme Court: Right to Repair Act (SB 800) is the Exclusive Remedy for Residential Construction Defect Claims – So Now What?
Just Because You Label It A “Trade Secret” Does Not Make It A “Trade Secret”
Insurer Must Pay To Defend Product Defect Claims From Date Of Product Installation
Disputed Facts on Cause of Collapse Results in Denied Cross-Motions for Summary Judgment
You Are Your Brother’s Keeper. Direct Contractors in California Now Responsible for Wage Obligations of Subcontractors
Doctrine of Avoidable Consequences as Affirmative Defense
Big Bertha Lawsuits—Hitachi Zosen Weighs In
Insureds Survive Broker's Motion to Dismiss
Keith Bremer will be speaking at the Association of Southern California Defense Counsel, 57th Annual Seminar
This Rare Bear Who Called the Crash Warns Housing Is Too Hot Again
Contractor Faces Charges in 2016 Trench-Collapse Death
Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project.
Burden of Proof Under All-Risk Property Insurance Policy
Broker Not Negligent When Insured Rejects Additional Coverage

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