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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - WEDNESDAY, JANUARY 29, 2020
Precast Standards' Work Under Way as Brittle Fracture Warnings Aired
Don’t Waive Too Much In Your Mechanic’s Lien Waiver
Save the Date: 2020 ABC Legislative Week
Sixth Circuit Reverses Insurer’s Overly Broad Application of “Dishonest Acts” Exclusion
Replacement of Collapsed Genoa Bridge Slated To Open Next Year
Gateway at Millbrae Station Breaks Ground in Bay Area
Breaking News: Connecticut Supreme Court Decides Significant Coverage Issues in R.T. Vanderbilt
Dorian’s Wrath: How Event Cancellation Insurance Helps Businesses Recoup Losses from Severe Weather
DC Circuit Issues Two Important Clean Air Act and Administrative Law Decisions
Insurer's Quote on Coverage for Theft by Hacker Creates Issue of Fact
Proving Impacts to Critical Path to Defeat Liquidated Damages Assessment
New Mandatory Bond Notice Forms in Florida
Standard of Care
English v. RKK. . . The Saga Continues
Defining Catastrophic Injury Claims
New Pedestrian, Utility Bridge Takes Shape on Everett Waterfront
Nonresidential Construction Employment Expands in August, Says ABC
Limiting Services Can Lead to Increased Liability
Customer’s Agreement to Self-Insure and Release for Water Damage Effectively Precludes Liability of Storage Container Company
AGC’s 2020 Construction Safety & Health Conference
Six Ways to Combat Workforce Risks
Corps Calls For $1 Billion Cape Cod Bridge Replacements
D.R. Horton Surges as Orders Beat Pushes Shares to Record High
Construction Group Seeks Defense Coverage for Hard Rock Stadium Claims
Ongoing Operations Exclusion Bars Coverage
General Contractor Supporting a Subcontractor’s Change Order Only for Owner to Reject the Change
Mississippi Supreme Court Addresses Earth Movement Exclusion
Montana Federal Court Holds that an Interior Department’s Federal Advisory Committee Was Improperly Reestablished
California’s Skilled and Trained Workforce Requirements: Public Works and AB 3018, What You Need to Know
AB5, Dynamex, the ABC Standard, and their Effects on the Construction Industry
Congratulations 2019 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars
Reminder: Pay if Paid Not All Encompassing (but Could it be?)
BWB&O Expands to North San Diego
Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” in four practice areas and Tier 2 in one practice area by U.S. News – Best Lawyers® “Best Law Firms” in 2020
Jobsite Safety Should Be Every Contractors' Priority
French Government Fines National Architects' Group $1.6M Over Fee-Fixing
ABA 2020 Forum on Construction Law Midwinter Meeting
Controlled Insurance Programs on Construction Projects
A Fifth Worker Loses Life on Orlando's I-4 Ultimate Job
Housing Might Rescue the Economy From Trump’s Trade War
Design-Assist, an Ambiguous Term Causing Conflict in the Construction Industry[1]
Governor Signs AB5 Into Law — Reshaping California's Independent Contractor Classification Landscape
Insurer Must Pay for Matching Siding of Insured's Buildings
Venue for Miller Act Payment Bond When Project is Outside of Us
Traub Lieberman Partner Greg Pennington and Associate Kevin Sullivan Win Summary Judgment Dismissing Homeowner’s Claim that Presented an Issue of First Impression in New Jersey
DC Circuit Approves, with Some Misgivings, FERC’s Approval of the Atlantic Sunrise Natural Gas Pipeline Extension
John O’Meara is Selected as America’s Top 100 Civil Defense Litigators
Avoid Five Common Fraudulent Schemes Used in Construction
Supreme Court Set to Alter Law on Key Project, Workforce Issues
A Few Green Building Notes
Combating Climate Change by Reducing Embodied Energy in the Built Environment
Montana Supreme Court: Insurer Not Bound by Insured's Settlement
MTA Debarment Update
From CAD to Machines as Co-Designers
U.S. Home Starts Reach Highest Since 2007 in Broad Advance
Three Tools for Proactive Risk Management: Contracts, Fluent Dialogue and Change Management
Construction Project Scheduling & Delay Claims Seminar
“Slow and Steady Doesn’t Always Win the Race” – Applicability of a Statute of Repose on Indemnity/Contribution Claims in New Hampshire
Insurer's Motion for Summary Judgment to Reject Collapse Coverage Denied
Newmeyer Dillion Named 2020 Best Law Firm in Multiple Practice Areas by U.S. News-Best Lawyers
Be Careful When Walking Off of a Construction Project
Greg Dillion & Newmeyer Dillion Named 2019 Good Scout Award Recipient
Consider the Risks Associated with an Exculpatory Clause
Traub Lieberman Attorneys Lisa M. Rolle and Vito John Marzano Secure Dismissal of Indemnification and Breach of Contract Claims Asserted against Subcontractor
Complying With Data Breach Regulations in the Construction Industry
Ex-Detroit Demolition Official Sentenced for Taking Bribes
Mass. Gas Leak Follows NTSB Final Report, Call for Reforms
Digital Twins for a Safer Built Environment
Legislative Update: Bid Protest Law Changes to Benefit Contractors
Reduce Suicide Risk Among Employees in Remote Work Areas
4th Annual Construction Defect ExecuSummit
Applying Disaster Recovery Data Lessons to Construction Project Delivery
The Fundamentals of the Construction Industry Are Strong, but Lingering Workforce Concerns Need Industry-Wide Action
Two Techniques to Connect the Next Generation to the Trades
Deck Police - The New Mandate for HOA's Takes Safety to the Next Level
Insurer Must Defend Additional Insured Though Its Insured is a Non-Party
TLSS Partner Burks Smith and Associate Katie Keller Win Summary Judgment on Late Reported Water Seepage Case in South Florida
The Expansion of Potential Liability of Construction Managers and Consultants
Short-Term Rental Legislation & Litigation On the Way!
Guessing as to your Construction Damages is Not the Best Approach
NLRB Hits Unions with One-Two Punch the Week Before Labor Day
A Teaming Agreement is Still a Contract (or, Be Careful with Agreements to Agree)
World Green Building Council Calls for Net-Zero Embodied Carbon in Buildings by 2050
One Sector Is Building Strength Amid Slow Growth
How A Contractor Saved The Day On A Troubled Florida Condo Project
A Vision and Strategy for the Adoption of Open International Standards
Safety, Compliance and Productivity on the Jobsite
Webinar Replay: Conducting and Evaluating Environmental Due Diligence for Real Estate Transactions
Will California Law Permit Insurance Coverage for Civil Penalties Assessed Under the California Consumer Privacy Act?
A 20-Year Odyssey To Widen Brays Bayou
South-East Asia’s Largest 3D-printer for Construction Operational in Singapore
Ten-Year Statute Of Repose To Sue For Latent Construction Defects
California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies
Form Contracts are Great, but. . .
Shoring of Ceiling Does Not Constitute Collapse Under Policy's Definition
Insurance Company’s Reservation of Rights Letter Negates its Interest in the Litigation
Foreclosure Deficiency: Construction Loan vs. Home Improvement Loan
Smart Contracts Poised to Impact the Future of Construction
Partners Jeremy S. Macklin and Mark F. Wolfe Secure Seventh Circuit Win for Insurer Client in Late Notice Dispute
Berger: FIGG Is Slow To Hand Over All Bridge Collapse Data
Denver Airport Terminates P3 Contract For Main Terminal Renovation
This Company Wants to Cut Emissions to Zero in the Dirty Cement Business
Construction Executives Expect Improvements in the Year Ahead
The Living Makes Buildings Better with Computational Design
6th Annual California Construction Law Seminar
Recommendations for Property Owners After A Hurricane
Regional Contractors See Market Strength Continuing Through 2020
From Linear to Circular in Construction: An Interview with Lu Ying
Admissibility of Expert Opinions in Insurance Bad Faith Trials
Economic Loss Not Property Damage
California Supreme Court Holds that Requirement of Prejudice for Late Notice Defense is a Fundamental Public Policy of the State for Choice of Law Analysis
Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes
Claims Made Insurance Policies
Know your Obligations: Colorado’s Statutory Expansions of the Implied Warranty of Habitability Are Now in Effect
Traub Lieberman Attorneys Named 2019 Super Lawyers
What Should Be in Every Construction Agreement
A Year After Fatal Genoa Viaduct Collapse, Replacement Takes Shape
Hyundai to Pay 47M to Settle Construction Equipment's Alleged Clean Air Violations
Three-Year Delay Not “Prompt Notice,” But Insurer Not “Appreciably Prejudiced” Either, New Jersey Court Holds
Despite Feds' Raised Bar, 2.8B Massachusetts Offshore Wind Project Presses On
Eight Ways to Protect a Construction Company Before a Claim Is Filed
Save the Date: ABA 2020 Forum on Construction Law Annual Meeting
ISO Modifies Wrap-Up Exclusion
Attract More Women to Construction With a Female-Friendly Environment and Culture
ENR New York’s 2019 Best Projects: Woolworth Tower Residences
Challenging and Defending a California Public Works Stop Payment Notice: Affidavit vs. Counter-Affidavit Process
California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien
Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in Construction Contracts
Why Builders Should Reconsider Arbitration Clauses in Construction Contracts
Georgia Supreme Court Addresses Anti-Indemnity Statute
Louisiana Court Holds That Application of Pollution Exclusion Would Lead to Absurd Results
Philadelphia Enacts Commercial Property Assessed Clean Energy (C-PACE) Program
Insurer Must Pay Portions of Arbitration Award Related to Faulty Workmanship
'Major' Mass. Gas Leak Follows Feds Call For Regulation Changes One Year After Deadly Gas Explosions
Never, Ever, Ever Assume! (Or, How a Stuck Shoe is Like a Construction Project Assumption)
General Indemnity Agreement Can Come Back to Bite You
Brenner Base Tunnelers Conquer Peaks and Valleys in the Alps
When Do Hard-Nosed Negotiations Become Coercion? Or, When Should You Feel Unlucky?
2020 ABC Convention
Bad Faith Insurance Quote Defeats Summary Judgment
Contractors Turn to Tech to Help Reduce Jobsite Safety Risks
ENR New York’s 2019 Best Projects: Fisher Houses
California Supreme Court Finds that the Notice-Prejudice Rule Applicable to Insurance is a Fundamental Public Policy of the State
Insurer Must Cover Portions of Arbitration Award
Texas Walks the Line on When the Duty to Preserve Evidence at a Fire Scene Arises
When it Comes to Trials, it’s Like a Box of Chocolates. Sometimes You Get the Icky Cream Filled One
In South Carolina, Insurer's Denial of Liability Does Not Waive Attorney-Client Privilege for Bad Faith Claim
Recent Third Circuit OSHA Decision Sounds Alarm for Employers and Their Officers
Randy Maniloff Recognized by U.S. News – Best Lawyers® as a "Lawyer of the Year"
With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it) [UPDATE]
Hunton Insurance Partner Syed Ahmad Named to Benchmark Litigation’s 2019 40 & Under Hot List
Preparing Your Business For Internal Transition
Six Reasons to Use Regular UAV Surveys on Every Construction Project
How a Robot-Built Habitat on Mars Could Change Construction on Earth
EPA Threatens Cut in California's Federal Highway Funds
AGC's Surety Bonding And Construction Risk Management Conference
Legionnaires’ Outbreak Raises Significant Insurance Issues
A How-to Guide for Recruiting Millennials to Construction
Regional Builders Grow Revenue At A Steady Pace
Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims
Florida Adopts Daubert Standard for Expert Testimony
New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion
Sweet News for Yum Yum Donuts: Lost Goodwill is Not an All or Nothing Proposition
Professor Stempel's Excpert Testimony for Insurer Excluded
One Way Arbitration Provisions are Enforceable in Virginia
Georgia Court of Appeals Holds That Insurer Must Defend Oil Company Against Entire Lawsuit
Best Lawyers® Recognizes 29 White and Williams Lawyers
Haight Welcomes New Attorneys to Los Angeles, Sacramento and San Francisco
Crane Firm Pulled Off NYC Projects Following Multiple Incidents
3D Printing Innovations Enhance Building Safety
World’s Biggest Crane Gets to Work at British Nuclear Plant
Building a Case: Document Management for Construction Litigation
Webinar Replay: Conducting and Evaluating Environmental Due Diligence for Real Estate Transactions
Let’s Keep It Civil: Appeals Court Ruling on Napoleonic Civil Code Provision Highlights the Importance of Insurance Coverage Reviews
Five Mounting Forces Disrupting the Construction Industry
NYC Affordable Infill Housing Plan Puts Design First
BHA Announces New Orlando Location
PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions
Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion
“I Didn’t Sign That!” – Applicability of Waivers of Subrogation to Non-Signatory Third Parties
Waiver of Subrogation Enforced, Denying Insurers Recovery Against Additional Insured in $500 Million Off-Shore Oil Rig Loss
Wilke Fleury Attorneys Awarded Sacramento Business Journal’s Best of the Bar
The Murky Waters Between "Good Faith" and "Bad Faith"
Wes Payne Receives Defense Attorney of the Year Award
Three lawyers from Haight were recognized in The Best Lawyers in America© 2020 Edition
Construction Contract Provisions that Should Pique Your Interest
Safety, Technology Combine to Change the Construction Conversation
‘I’m a Scapegoat,’ Says Former CEO of Dubai Construction Firm
Nebraska Court Ruling Backs Latest Keystone XL Pipeline Route
2019 Environmental Law Conference at Yosemite
Plan, Prepare, Prevent: How to Smoothly Navigate This Year’s Anticipated Active Hurricane Season
Navigating Aggressive Construction Timelines in the Hospitality Sector
Giving Heating Control to Residents is Good for the Environment
Illinois Favors Finding Construction Defects as an Occurrence
Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case
DC Circuit Rejects Challenge to EPA’s CERCLA Decision Regarding Hardrock Mining Industry
New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions
Jury Awards Aluminum Company 35 Million in Time Element Losses
Key Amendments to Insurance Claims-Handling Regulations in Puerto Rico
David A. Frenznick Awarded Multiple Accolades in the 2020 Edition of The Best Lawyers in America
What the FIU Bridge Collapse Says About Peer Review
DC Circuit Upholds EPA’s Latest RCRA Recycling Rule
Four Things Construction Professionals Need to Know About Asbestos
Washington State Enacts Law Restricting Non-Compete Agreements
Erector Tops Out 850-Foot-Tall Rainier Square Tower in Only 10 Months
Singapore Unveils Changes to Make Public Housing More Affordable
NAHB International Builders Show
Sixth Circuit Broadly Construes Policy Sublimit, Limits Recovery for Thai Factory Flood
Bridging the Gap Between Old and New Schools of Construction
More Housing? YIMBY, Please
Texas Supreme Court Holds that Invoking Appraisal Provision and Paying Appraisal Amount Does Not Insulate an Insurer from Damages Under the Texas Prompt Payment of Claims Act
Federal Miller Act Payment Bond Claim: Who Gets Paid and Who Does Not? What Are the Deadlines?
Colorado Supreme Court Decision Could Tarnish Appraisal Process for Policyholders
Techniques for Resolving Construction Disputes
Wilke Fleury Attorneys Highlighted | 2019 Northern California Super Lawyers
A Recap of the Supreme Court’s 2019 Summer Slate
Another Reason to Always Respond (or Hensel Phelps Wins One!)
Ahead of the Storm: Preparing for Dorian
Seeking Better Peer Reviews After the FIU Bridge Collapse
Ten Firm Members Recognized as Super Lawyers or Rising Stars
Dorian Lashes East Canada, Then Weakens Heading Out to Sea
Saudi Arabia Awards Contracts for Megacity Neom’s Worker Housing
In Pricey California, Renters Near Respite From Landlord Gouging
Construction Defects & HOAs Seminar
Can Policyholders Make A Claim Directly Against The Reinsurer Of Their Insolvent Insurance Company?
Avoid Tax Trouble by Ensuring Construction Workers Are Correctly Classified
U.S. Homebuilder Sentiment Improved in July on Stronger Sales
N.J. Appellate Court Confirms that AIA Construction Contract Bars Insurer's Subrogation Claim
140 Days Until The California Consumer Privacy Act Becomes Law - Why Aren't More Businesses Complying?
Insurer Not Required to Show Prejudice from an Insured’s Late Notice When the Parties Contract for a Specific Reporting Period
Arbitration and Mediation: What’s the Difference? What to Expect.
Lead Paint: The EPA’s Renovation, Repair and Painting Rule
White House’s New Draft Guidance Limiting NEPA Review of Greenhouse Gas Impacts Is Not So New or Limiting
Premises Liability: Everything You Need to Know
Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective Bargaining Relationships
Hunton Andrews Kurth Associate Cary D. Steklof Selected to Florida Trend’s Legal Elite Up & Comers List for 2019
DoD Will Require New Cybersecurity Standards in 2020: Could Other Agencies Be Next?
Construction Continues To Boom Across The South
OSHA’s Multi-Employer Citation Policy: What Employers on Construction Sites Need to Know
Know What You’ve Built: An Interview with Timo Makkonen of Congrid
CLSA North American Construction Law Symposium III
Firming in the Construction Insurance Market
From Duct Taping to Reinventing Construction – an Interview with Steve Holzer
This VC Firm Is Persuading Real Estate Rivals to Become Friends
Amendments to California Insurance Code to Require Enhanced Claims Handling Requirements for Claims Arising Out Of Catastrophic Events
Arizona Purchaser Dwelling Actions Are Subject to a New Construction
Traub Lieberman Partners Lenhardt and Smith Obtain Directed Verdict in Broward County Failed Repair Sinkhole Trial
The Importance of Preliminary Notices on Private Works Projects
Bid Bonds: The First Preventative Measure for Your Project
As the Term Winds Down, Several Important Regulatory Cases Await the U.S. Supreme Court
Newmeyer Dillion Attorneys Selected To The Best Lawyers In America© And Orange County "Lawyer Of The Year" 2020
Garlock Five Years Later: Recent Decisions Illustrate Ongoing Obstacles to Asbestos Trust Transparency
Crews Tested By Rocky Ground, Utility Challenges
What is a Personal Injury?
Hudson River PCB Cleanup Lands Back in Court
Saudi Prince’s Megacity Shows Signs of Life
Power to the Office Worker
CSLA 2019 International Conference and Induction of Fellows
OCIP And CCIP Insurance Overview
Eco-Friendly Mansions Can Hold Hidden Bargains for Home Buyers
Powell Says Tariffs and Immigration May Be Slowing Homebuilding
Alabama Supreme Court Reverses Determination of Coverage for Faulty Workmanship
Where There's Smoke...California's New Emergency Wildfire Smoke Protection Regulation And What Employers Are Required To Do
Indiana Federal Court Holds No Coverage for $50M Default Judgment for Lack of Timely Notice of Class Action
Preliminary Notices: Common Avoidable But Fatal Mistakes
Partner Bradley T. Guldalian Secures Summary Judgment Win for National Hotel Chain
Recent Bribery and Anti-Corruption Enforcement Trends in Global Construction Industry
As Some States Use the Clean Water Act to Delay Energy Projects, EPA Issues New CWA 401 Guidance
Reminder About the Upcoming Mechanic’s Lien Form Change
What is an Alternative Dispute Resolution?

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