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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - MONDAY, JUNE 24, 2019
Vacation Rentals: Liability of the Owner for Injury Suffered by the Renter
Will Superusers Future-Proof the AEC Industry?
Locating Construction Equipment with IoT and Mobile Technology
ABC Legislative Week, Includes Legal Conference
60-Day Clock For Statutory Bad Faith “Cure Period” Starts When Civil Remedy Notice Electronically Filed
A Digital Transformation Report: Five Emerging Trends in Construction
Skender’s Modular Revolution: An Interview with Angela Spadoni
Illinois Court Addresses Coverage Owed For Subcontractor’s Defective Work
Court Slams the Privette Door on Independent Contractor’s Bodily Injury Claim
Attorney’s Fees Entitlement And Application Under Subcontract Default Provision
What is a Subordination Agreement?
Newmeyer & Dillion Announces New Partner Bahaar Cadambi
Alarm Cries Wolf in California Case Involving Privette Doctrine
Estoppel Certificate? Estop and Check Your Lease
Be Careful in Contracting and Business
Alaska District Court Sets Aside Rulings Under New Administration’s EO 13795
Construction Reaches Half-Way Point on San Diego's $2.1 Billion Mid-Coast Trolley
Take Advantage of AI and Data Intelligence in Construction
The Treasures Inside Notre Dame Cathedral
Environmental Roundup – April 2019
Save the Date: Construction SuperConference Comes to California this December
Sorting Insurers' Obligations in Light of Competing Other Insurance Provisions
Report Predicts 4.8 Percent Rise in Construction Spending This Year
JPMorgan Says Lower Interest Rates Heal All for Homebuilders
California Case That Reads Like Russian Novel Results in Less Than Satisfying Result for Both Project Owner and Contractors
Liability Cap Does Not Exclude Defense Costs for Loss Related to Deep Water Horizon
Embattled SNC-Lavalin Files Ethics Appeal, Realigns Structure
Am I Still Covered Under the Title Insurance Policy?
Corps of Engineers to Prepare EIS for Permit to Construct Power Lines Over Historic James River
Time to Update Your Virginia Mechanic’s Lien Forms (July 1, 2019)
Court Rejects Efforts to Limit Scope of Judgment Creditor’s Direct Action Under Insurance Code Section 11580
District Court of Missouri Limits Whining About the Scope of Waiver of Subrogation Clauses in Wine Storage Agreements
Design Professional Asserting Copyright Infringement And Contributory Copyright Infringement
Green Construction Trends Contractors Can Expect in 2019
AGC Seeks To Lead Industry in Push for Infrastructure Bill
A Property Boom Is Coming to China's Smaller Cities
Plehat Brings Natural Environments into Design Tools
Clean Water Act 2019: Law and Regulation
France’s Axa Insured Notre Dame Art, Two Construction Firms
Five Ideologies That Need to Change for Construction to Advance
Homebuilders' Earnings Boosted by Falling Mortgage Rates
What Are The Most Commonly Claimed Issues In Construction Defect Litigation?
Court Finds That SIR Requirements are Not Incorporated into High Level Excess Policies and That Excess Insurers’ Payment of Defense Costs is Not Conditioned on Actual Liability
Using the Prevention Doctrine
Consequential Damage Claims for Insurer's Bad Faith Dismissed
Mandatory Energy Benchmarking is On Its Way
Fourth Circuit Holds that a Municipal Stormwater Management Assessment is a Fee and Not a Prohibited Railroad Tax
Federal Subcontractor Who Failed to Follow FAR Regulations Finds That “Fair” and “Just” are Not Synonymous
New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers
Business Risk Exclusions (j) 5 and (j) 6 Found Ambiguous
Women Make Their Mark on Construction Leadership
Struggling Astaldi Announces Defaults on Florida Highway Contracts
Certificates Of Merit For NC Lawsuits Against Engineers And Architects? (Still No)(Law Note)
Disaster-Relief Bill Stalls in Senate
Construction Law Boot Camp
Fire Safety and Restoration Essentials in Commercial Construction
Four Trends to Watch for the Construction Industry in 2019
U.S. Homebuilder Sentiment Rises to Six-Month High as Sales Gain
New Insurance Case: Owners'​ Insurance Barred in Reimbursement Action against Tenant
The "Dark Overlord" Strikes The Practice Of Law: What Law Firms Can Do To Protect Themselves
Important New Reporting Requirement for Some Construction Defect Settlements
Fifth Circuit Rules that Settlements in Underlying Action Constitute "Other Insurance"
SCOTUS, Having Received Views of Solicitor General, Will Decide Whether CWA Regulates Indirect Discharge of Pollutants Into Navigable Water Via Groundwater
Massachusetts Court Holds Statute of Repose Bars Certain Asbestos-Related Construction Claims
Chattanooga Bridge Collapse Likely Resulted From Impact
When is a “Willful” Violation Willful (or Not) Under California’s Contractor Enforcement Statutes?
“If It Walks Like A Duck . . .” – Expert Testimony Not Always Required In Realtor Malpractice Cases Where Alleged Breach Of Duty Can Be Easily Understood By Lay Persons
Report: Construction Firms Could Better Protect Workers From Noise Hazards
Haight’s Sacramento Office Has Moved
You’re Only as Good as Those with Whom You Contract
Duke Energy Appeals N.C. Order to Excavate Nine Coal Ash Pits
Ahlers Cressman & Sleight at Alliance Northwest
Fifth Circuit Addresses When A Law Firm Should Reasonably Expect A Future Claim In Analyzing Policy Rescission
Trends in Commercial Real Estate Contractors Need to Know
Santa Rosa Recreates Permitting, Construction System 'On the Fly'
Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors
Restrictions On Out-Of-State Real Estate Brokers Being Challenged In Nevada
Is Equipment Installed as Part of Building Renovations a “Product” or “Construction”?
Ontario Court of Appeal Clarifies the Meaning of "Living in the Same Household" for Purposes of Coverage Under a Homeowners Policy
CGL Insurer’s Duty To Defend Broader Than Duty To Indemnify And Based On Allegations In Underlying Complaint
Dealing with Abandoned Property After Foreclosure
DC District Court Follows Ninth Circuit’s Lead Dismissing NABA’s Border Wall Case
Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument
Deference Given To Procuring Public Agency Regarding Material Deviation
Approaches in the Absence of a Differing Site Conditions Clause
Latosha Ellis Selected for 2019 Leadership Council on Legal Diversity Pathfinder Program
Industry Practices Questioned After Girder Fractures at Salesforce Transit Center
OSHA Finalizes Rule on Crane Operator Qualification and Certification
ABC Users Summit 2019
Michigan Court Addresses Claim Reporting Obligations Under E&O Policy
Real Estate and Construction Ecosystem in the Making: From KIRA-digi to KIRAHub
Infrastructure, Residential Projects Spur NY Region
Application of Frye Test to Determine Admissibility of Expert
Colorado House Bill 19-1170: Undefined Levels of Mold or Dampness Can Make a Leased Residential Premises Uninhabitable
How One Squirrel Taught us a Surprising Amount about Insurance Investigation Lessons Learned from the Iowa Supreme Court
Insurers in New Jersey Secure a Victory on Water Damage Claims, But How Big a Victory Likely Remains to be Seen
Indiana Court of Appeals Holds That Lease Terms Bar Landlord’s Carrier From Subrogating Against Commercial Tenant
Recording “Un-Neighborly” Documents
Canada's Ex-Attorney General Set to Testify About SNC-Lavalin Scandal
A Few Green Building Notes
Do Not Pass Go! Duty to Defend in a Professional Services Agreement (law note)
Breaking Down Homeowners Association Laws In California
Update Your California Release Provisions to Include Amended Section 1542 Language
ConsensusDOCS Hits the Cloud
Digitalizing the Hospital Design Requirements Process
Around the State
What You Need to Know About the Next Wave of Construction Defect Litigation
Property Insurer Invoking Appraisal under Property Insurance
ACS Wins $3.3 Billion Contract to Build Virginia Bridge-Tunnel
Experiments Showcased at KIRA-digi Climate Corner
Expansion of Statutes of Limitations and Repose in K-12 and Municipal Construction Contracts
Insured's Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages
Sixth Circuit Holds that Some Official Actions Taken in the “Flint Water Crisis” Could Be Constitutional Due Process Violations
Parol Evidence can be Used to Defeat Fraudulent Lien
US Appeals Court Slams FERC on Long-Muddled State Environmental Permits
A New Statute of Limitations on Construction Claims by VA State Agencies?
Court of Appeals Rules that HOA Lien is not Spurious, Despite Claim that Annexation was Invalid
“Bee” Careful: Unique Considerations When Negotiating a Bee Storage Lease Agreement
Steven L. Heisdorffer Joins Higgins, Hopkins, McLain & Roswell
Legislative Update on Bills of Note (Updated Post-Adjournment)
Corps Issues Draft EIS for Controversial Alaskan Copper Mine
Where Did That Punch List Term Come From Anyway?
How Machine Learning Can Help with Urban Development
The 26th Annual West Coast Casualty Construction Defect Seminar
The United States Court of Appeals, Fourth Circuit, Finds Wrap-Up Exclusion Does Not Bar Coverage of Additional Insureds
Construction Training: Ideas and Resources for Making it Happen
NYC's Trendy Neighborhood Leaps Into Top Five Richest Zip Codes
Supreme Court Holds Arbitrator can Fully Decide Threshold Arbitrability Issue
Will There Be Construction Defect Legislation Introduced in the 2019 Colorado Legislative Session?
South Carolina Clarifies the Accrual Date for Its Statute of Repose
Finding of No Coverage Overturned Due to Lack of Actual Policy
WSHB Expands into the Southeast
Rhode Island Examines a Property Owner’s Intended Beneficiary Status and the Economic Loss Doctrine in the Context of a Construction Contract
Be Careful with “Green” Construction
High Court Could Alter Point-Source Discharge Definition in Taking Clean-Water Case
What If Your CCP 998 Offer is Silent on Costs?
APROPLAN and GenieBelt Merge, Creating “LetsBuild” – the Build Phase End-to-End Digital Platform
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

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