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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SATURDAY, OCTOBER 20, 2018

After 60 Years, I-95 Is Complete

Amos Rex – A Museum for the Digital Age

Troubleshooting Construction Project Legal Issues

Over One Hundred Charged in Fraudulent Sandy Relief Fund Applications

New Homes Look Like a Deal, at Least Compared With Existing Ones

Summer Learning Programs Engage Students in Construction Careers

Motion to Dismiss Insureds' Counterclaim on the Basis of Prior Knowledge Denied

Resolving Condominium Construction Defect Warranty Claims in Maryland

9th Circuit Closes the Door on “Open Shop” Contractor

Illinois Court Addresses Rip-And-Tear Coverage And Existence Of An “Occurrence” In Defective Product Suit

Rhode Island District Court Dismisses Plaintiff’s Case for Spoliation Due to Potential Unfair Prejudice to Defendant

Haight Lawyers Recognized in The Best Lawyers in America© 2019

Measure of Damages in Negligent Procurement of Surety Bonds / Insurance

Remand of Bad Faith Claim Evidences Split Among Florida District Courts

Best Lawyers Recognizes Twenty White and Williams Lawyers

2018 Update to EPA’s “Superfund Task Force Report”

N.J. Governor Signs Bill Expanding P3s

Sacramento Army Corps District Projects Get $2.1 Billion in Supplemental Appropriation

Connecting IoT Data to BIM

Building Envelope Performance: Increasing Value with Green Infrastructure

Insurer's Motion to Dismiss Case for Collpase Coverage Denied

U.S. Housing Starts Rebounded in July on Single-Family Gain

Raising the Bar: Sellen Construction’s Salla Palos and Construction Tech

Attorneys' Fees Awarded "Because Of" Property Damage Are Covered by Policy

When to Withhold Retention Payments on Private or Public Projects

Can’t Get a Written Change Order? Document, Document, Document

Avoid Delay or Get Ready to Pay: The Risks of “Time-Is-of-The-Essence” Clauses

RCW 82.32.655 Tax Avoidance Statute/Speculative Building

Excess Insurer On The Hook For Cleanup Costs At Seven Industrial Sites

Flint Water Crisis Prompts Call for More Federal Oversight

Detect and Prevent Construction Fraud

A Trio of Environmental Decisions from the Fourth Circuit

Turmoil Slows Rebuilding of Puerto Rico's Power Grid

Governor Murphy Approves Legislation Implementing Public-Private Partnerships in New Jersey

Digitalizing Cross-Laminated Timber Construction

Cybersecurity on Your Project: Why Not Follow National Security Strategy?

AGC Construction Environmental Conference

Insurer's Denial of Claim for Faulty Workmanship Does Not Survive Summary Judgment

Toll Brothers Surges Most Since 2011 on Gain in Home Orders

Technology and the Labor Shortage: Automation Can Empower Workers

Connecticut Supreme Court Again Asked to Determine the Meaning of Collapse

Utah’s Highest Court Holds That Plaintiffs Must Properly Commence an Action to Rely on the Relation-Back Doctrine to Overcome the Statute of Repose

New York Court of Appeals Addresses Choice of Law Challenges

Designed to Expose: Beware Lender Certificates

Alabama Court Upholds Late Notice Disclaimer

Second Circuit Denies Petitions for Review of EPA’s Final Regulations to Establish Requirements for Cooling Water Intake Structures

Health Officials Concerned About Lead-Tainted Dust Created by Detroit Home Demolitions

Join: Computer Science Meets Construction

CSLB “Fast Facts” for Online Home Improvement Marketplaces

Primer Debuts on Life-Cycle Assessments of Embodied Carbon in Buildings

The Cheapest Place to Buy a House in the Hamptons

Public-Employee Union Fees, Water Wars Are Key in High Court Rulings

SIGAR Report Finds +$15 Billion in “Waste, Fraud and Abuse” in Afghanistan

Arizona Upholds Assignment of Post-Loss Benefits

P3 Delivers Architect's Original Vision for Gateway Arch Park

Construction Volume and Skills Shortages Rise Globally

Insurer's Summary Judgment Motion to Reject Claim for Construction Defects Upheld

Supreme Court of Kentucky Holds Plaintiff Can Recover for Stigma Damages in Addition to Repair Costs Resulting From Property Damage

Newmeyer & Dillion Named as One of the 2018 Best Places to Work in Orange County for Seventh Consecutive Year

California Contractor Spills Coffee on Himself by Failing to Stay Mechanics Lien Action While Pursuing Arbitration

Court Dismisses Cross Claims Against Utility Based on Construction Anti-Indemnity Statute

CGL Policies and the Professional Liabilities Exclusion

Pennsylvania Supreme Court Will Not Address Trigger for DEP Environmental Cleanup Action at This Time

Ohio Supreme Court Case to Decide Whether or Not to Expand Insurance Coverage Under GC’s CGL Insurance Policies

Jury Convicts Ciminelli, State Official in Bid-Rig Case

U.S. Firm Helps Thais to Pump Water From Cave to Save Boys

Musk Says ‘Chicago Express’ Tunnel Project Could Start Work in Months

How Long Does a Civil Lawsuit Take?

Protect Workers From Falls: A Leading Cause of Death

NBI Construction Law: Ultimate Bootcamp Seminar

HomeBuilder Organizations Respond to Trump’s Executive Order for Job Training

Is the New York Scaffolding Law Driving Up Insurance Costs?

Project Team Delivers Fast-Tracked Soccer Stadium in Time for Opening Match

Insurer's Motion to Dismiss Allegations of Collapse Rejected

Delaware Supreme Court Choice of Law Ruling Vacates a $13.7 Million Verdict Against Travelers

Second Circuit Court Differentiates the Standard for Determining Evident Partiality for a Neutral Arbitrator and a Party-Appointed Arbitrator

Illinois Appellate Court Finds Insurer Estopped From Denying Coverage Where Declaratory Judgment Suit Filed Too Late

Texas Construction Firm Officials Sentenced in Contract-Fraud Case

What is a Civil Dispute?

It’s Time to Change the Way You Think About Case Complexity

Subcontract Requiring Arbitration Outside of Florida

Use Your Instincts when Negotiating a Construction Contract

Framework, Tallest Mass Timber Project in the U.S., Is On Hold

Jobsite Safety, Workforce Shortage Drive Innovation in Machine Automation

Everyone Wins When a Foreclosure Sale Generates Excess Proceeds

Start-up to Streamline Large-Scale Energy Renovation

Insurance in the Construction Industry Seminar

Current Trends in Construction Insurance Industry

Century Homebuilders to Develop Communities in Florida

Groups Ask OSHA for National Heat-Protection Standard

Supreme Court of Idaho Rules That Substantial Compliance With the Notice and Opportunity to Repair Act Suffices to Bring Suit

Not so Fast! How Does Revoking Acceleration of a Note Impact the Statute of Limitations?

The ALI Restatement – What Lies Ahead?

Broker's Motion for Summary Judgment on Negligence Claim Denied

Wendel Rosen Construction Attorneys Recognized by Super Lawyers

Insurance for Large Construction Equipment Such as a Crane

Administrative and Environmental Law Cases Decided During the U.S. Supreme Court’s 2017-2018 Term

U.S. Homeowners Are Lingering Longer, and the Wait Is Paying Off

Three Firm Members Are Top 100 Super Lawyers & Ten Are Recognized As Super Lawyers Or Rising Stars In 2018

Jinx: Third Circuit Rules in Favor of Teamsters in Withdrawal Case

Speeding up Infrastructure Projects with the Cloud

Sometimes You Get Away with Unwritten Contracts. . .

7 Ways Technology is Changing Construction (guest post)

2018 Forum on Construction Law: Fall Meeting

Questions Home Buyers Should Ask Regarding Coastal Flooding

Single-Family Home Starts See Growth

Concerned about Unionization? Show this Post to Your Employees

California Supreme Court Finds Negligent Supervision Claim Alleges An Occurrence

Part II: Key Provisions of School Facility Construction & Design Contracts

Supreme Court Finds Insurance Coverage for Intentional (and Despicable) Act of Contractor’s Employee

Newmeyer & Dillion Partner Aaron Lovaas & Casey Quinn Recognized by Super Lawyers

Asbestos Confirmed After New York City Steam Pipe Blast

Pensacola Bridge Halted Due to Alleged Construction Defects

Wisconsin Court Enforces Breach of Contract Exclusion in E&O Policy

In Contracts, One Word Makes All the Difference

Pre-Suit Settlement Offers and Construction Lien Actions

Jason Poore Receives 2018 Joseph H. Foster Young Lawyer Award

Duuers: Better Proposals with Less Work

Kushner Cos. Probed Over Harassment of Low-Income Tenants

Haight Proudly Supports JDC's 11th Annual Bike-A-Thon Benefitting Pro Bono Legal Services

IRMI Construction Risk Conference

Can Workers With Sun-Related Skin Issues File Workers' Compensation Claims?

Builder Confidence in July Remains Healthy

What the Construction Industry Says About Supreme Court Nominee Kavanaugh

Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable

Supreme Court of New Jersey Reviews Statutes of Limitation and the Discovery Rule in Construction Defect Cases

Connecticut Court Holds Unresolved Coverage Issues Makes Appraisal Premature

Newmeyer & Dillion’s Alan Packer Selected to 2018 Northern California Super Lawyers List

EPC Contractors Procuring from Foreign Companies need to Reconsider their Contracts

New Jersey Senate Advances Bad Faith Legislation

Ninth Circuit Issues Pro-Contractor Licensing Ruling

Investigators Eye Fiber Optic Work in Deadly Wisconsin Explosion

Construction Defects Checklist

Back to Basics: What is a Changes Clause?

2018 Super Lawyers and Rising Stars!

Janus v. AFSCME

White House Plan Would Break Up Corps Civil-Works Functions

DRI Webinar: Building Information Modeling (BIM): Generating, Reviewing, and Communicating the Intentions of the Owner, Designer, and Constructor

Hurricane-Proof Homes Are Real. Why Isn’t Anyone Buying Them?

Lennar Surges After Blowout Quarter Defies Rate, Commodity Fears

Despite Headwinds, Execs See Market Up Through 2019

Northern District of Mississippi Finds That Non-Work Property Damages Are Not Subject to AIA’s Waiver of Subrogation Clause

Colorado Supreme Court Issues Decisions on Statute of Limitations for Statutory Bad Faith Claims and the Implied Waiver of Attorney-Client Privilege

No Coverage for Contractor's Faulty Workmanship

General Contractor’s Ability to Supplement Subcontractor Per Subcontract

Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable

The Unpost, Post: Dynamex and the Construction Indianapolis

Legal Implications of 3D Printing in Construction Loom

Seventh Circuit Remands “Waters of the United States” Case to Corps of Engineers to Determine Whether there is a “Significant Nexus”

Dealing with Hazardous Substances on the Construction Site

Withdrawal Liability? Read your CBA

Property Insurance Exclusion: Leakage of Water Over 14 Days or More

Insurer Must Defend Claims of Negligence and Private Nuisance

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

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