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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - THURSDAY, AUGUST 17, 2017

Construction Defect Journal Archives

Thank You to Virginia Super Lawyers
2017 Legislative Changes Affecting the Construction Industry
Dispute Over Coverage for Snow Removal and Related Damage Survives Insurer's Summary Judgment Motion
Lorman Seminar: Best Practices in Pre-Construction Budgeting and Estimating
Indiana Takes Over Failed Privatized Highway
Swinerton Tops-Out $120-million Shift Project in San Diego
Motion to Dismiss Insurer's Counterclaim for Construction Defects Is Granted
The Privilege Is All Mine: California Appellate Court Finds Law Firm Holds Attorney Work Product Privilege Applicable to Documents Created by Formerly Employed Attorney
New Law Impacting Florida’s Statute of Repose
Thousands of London Residents Evacuated due to Fire Hazards
Failure to Timely File Suit in Federal Court for Flood Loss is Fatal
Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation Areas
City Potentially Liable for Cost Overrun on Not-to-Exceed Public Works Contract
Appellate Attorney’s Fees and the Significant Issues Test
AIA Releases Decennial 2017 Updates to its Contracts Suites
Developer Transition – Washington DC Condominiums
Florida’s Third District Court of Appeal Suggests Negligent Repairs to Real Property Are Not Subject to the Statute of Repose
Nine Firm Members Recognized as Super Lawyers or Rising Stars
Notes from the Nordic Smart Building Convention
Peckar & Abramson’s Houston’s office will be hosting a Construction Counsel Roundtable
How to Control Potential Construction Surety Claims
Raintree Partners Announces Over $500 Million in California Mixed-Use Projects
How to Add 39 Tons of Steel to the Top of the Empire State Building
Nevada’s Home Building Industry can Breathe Easier: No Action on SB250 Leaves Current Attorney’s Fees Provision Intact
Colorado Supreme Court Rules that Developers Retain Perpetual Control over Construction Defect Covenants
California Supreme Court Hands Victory to Private Property Owners Over Public Use
State Supreme Court Cases Highlight Importance of Wording in Earth Movement Exclusions
Buyer's Demolishing of Insured's Home Not Barred by Faulty Construction Exclusion
US Secretary of Labor Withdraws Guidance Regarding Independent Contractors
A License to Sue: Appellate Court Upholds Condition of Statute that a Contracting Party Must Hold a Valid Contractor’s License to Pursue Action for Recovery of Payment for Contracting Services
Developer Transition - Maryland Condominiums
Insurer Must Defend Claims of Alleged Willful Coal Removal
Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project
Trump’s Infrastructure Weak
Timely Written Notice to Insurer and Cooperating with Insurer
Orchestrating Bias: Arbitrator’s Undisclosed Membership in Philharmonic Group with Pauly Shore’s Attorney Not Grounds to Reverse Award in Real Estate Dispute
NBI’s Construction Defect Litigation: From A to Z
Occurrence is Covered Where Pollution Event Is Not Efficient Proximate Cause Of Loss
Arbitration Provision in Homebuilder’s Warranty Agreement with Homeowners is Unenforceable
The New Promises of Construction Equipment Telematics
The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations
Vallagio v. Metropolitan Homes: Colorado Supreme Court Upholds Declarant Consent Provision to Amend Arbitration Out of Declarations
Be Proactive Now: Commercial Construction Quickly Joining List of Industries Vulnerable to Cyber Attacks
Steps to Curb Construction Defect Actions for Homebuilders
Indemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds
Does Your 998 Offer to Compromise Include Attorneys’ Fees and Costs?
Venue for Suing Public Payment Bond
New York Court of Appeals Finds a Proximate Cause Standard in Additional Insured Endorsements
Narberth Mayor Urges Dubious Legal Action
“Freelance Isn’t Free” New Regulations Adopted in New York City Requiring Written Contracts with Independent Contractors
Newmeyer & Dillion Attorney Casey Quinn Selected to the 2017 Mountain States Super Lawyers Rising Stars List
WSDOT Excludes Non-Minority Women-Owned DBEs from Participation Goals
The Death of Retail and Legal Issues
HalfMoon Seminar: Construction Contract Workshop
Construction Begins on Four Seasons Residence in Los Angeles
Construction Adds 11,000 Jobs in May
Insurance Company Not Responsible For Paying Pre-Tender Legal Fees
Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims
Checking the Status of your Contractor License During Contract Work is a Necessity: The Expanded “Substantial Compliance” under B&P 7031 is Here
$24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed To Prove Supplier’s Negligence Or Breach Of Contract Caused A SB800 Violation
24th Annual West Coast Casualty Construction Defect Seminar A Success
California Governor Signs SB 496 Amending California’s Anti-Indemnity Statute
Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail”
Colorado Passes Construction Defect Reform Bill
UPDATE - McMillin Albany LLC v. Superior Court
Court Denies Insurers' Motions for Summary Judgment Under All Risk Policies
President Trump’s “Buy American, Hire American” Executive Order and the Construction Industry
Colorado Construction Defect Action Reform: HB 17-1279 Approved by Colorado Legislature; Governor’s Approval Imminent
Repair Cost Exceeding Actual Cash Value Does Not Establish “Total Loss” Under Fire Insurance Policy
A New AAA Study Confirms that Arbitration is Faster to Resolution Than Court – And the Difference Can be Assessed Monetarily
Home Capital Halts Dividend, Adds Former Pension Executives
Five-Alarm Fire in College Park, Md. Renews Calls For New State Code Regulations
Construction Women Push To Earn What They're Worth
"Concepts of Construction Defect Coverage," Construction Defect Claim Manager Meeting
Window Installer's Alleged Faulty Workmanship On Many Projects Constitutes Multiple Occurrences
Beware: Hyper-Technical Labor Code Violations May Expose Employers to Significant Claims for Penalties under the Labor Code California Private Attorneys General Act of 2004 (PAGA)
The Fair Share Act Impacts the Strategic Planning of a Jury Trial
Conflicts of Laws, Deficiency Actions, and Statutes of Limitations – Oh My!
Quick Note: Submitting Civil Remedy Notice
After Fatal House Explosion, Colorado Seeks New Pipeline Regulations
Legislative Changes that Impact Construction 2017
Discussing Parametric Design with Shajay Bhooshan of Zaha Hadid Architects
What Made the Savannah Harbor Upgrade So Complicated?
Kushners Abandon Property Bid as Pressures Mount Over Conflicts
Philadelphia Voters to Consider Best Value Bid Procurment
Engineers Propose 'River' Alternative to Border Wall
Tesla’s Solar Roof Pricing Is Cheap Enough to Catch Fire
Live Webinar: Basic Principles of Construction Insurance
Home Building is on the Rise
Do I Really Need My Own Lawyer if the Insurer is Giving Me One? (Law Note; Tip)
The Unfulfilled Expectations of Prefabrication
BHA Has a Nice Swing: Firm Supports NCHV and Final Salute at 2017 WCC Seminar
It’s Time to Start Planning for Implementation of OSHA’s Silica Rule
Colorado Passes Compromise Bill on Construction Defects
Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure
ASBCA Validates New Type of Claim Related to Unfavorable CPARS Review [i]
Justin Clark Joins Newmeyer & Dillion’s Walnut Creek Branch as its Newest Associate
Attorney Risks Disqualification If After Receiving Presumptively Privileged Communication Fails to Notify Privilege Holder and Uses Document Pending Privilege Determination by Court
Landlords Beware: Subordination Agreements
Colorado Homebuyers Must be in Privity of Contract with Developer to Assert Breach of Implied Warranty of Suitability
Should a Subcontractor provide bonds to a GC who is not himself bonded? (Bonding Agent Perspective)
Negligent Failure to Respond to Settlement Offer Is Not Bad Faith
Factor the Factor in Factoring
Predicting Our Future with Andrew Weinreich
Certificates of Insurance: What You Don’t Know Will Cost You
Insurance Customers Need to Get Used to Talking to Machines
Survey: Workers Intentionally Take 'Calculated' Safety Risks
Homebuilder Sentiment in U.S. Cools From Almost 12-Year High
Colorado House Bill 1279 Stalls over 120-day Unit Owner Election Period
Assignment of Construction Defect Claims Not Covered
California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different, Special Even
Florida Lien Law and Substantial Compliance vs. Strict Compliance
Dear Engineer: Has your insurer issued a “Reservation of Rights” letter? (law note)
Make Your Business Great Again: Steven Cvitanovic Authors Construction Today Article
Zoning Hearing Notice Addressed by Georgia Appeals Court
Tax Increase Pumps $52 Billion Into California Construction
The Nightmare Scenario for Florida’s Coastal Homeowners
“Professional Best Efforts” part 2– Reservation of Rights for Engineers who agree to “best” efforts? (law note)
Safety Data: Noon Presents the Hour of Greatest Danger
Tokyo's Skyline Set to See 45 New Skyscrapers by 2020 Olympics
Georgia Passes Solar CUVA Bill
ADC 2017 Construction Defect Seminar
Historic NYC Building Aims for $1.35 Billion Condo Conversion
Insurers Fine-Tune Professional Liability Premiums
State Dept. Plans 6 More Embassy Contracts This Year
President Trump Nullifies “Volks Rule” Regarding Occupational Safety and Health Administration (OSHA) Recordkeeping Requirements
Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference
Ex-Pemex CEO Denies Allegations of Involvement in Brazil Scandal
Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations
SDNY Vacates Arbitration Award for Party-Arbitrator’s Nondisclosures
What is the Effect of an Untimely Challenge to the Timeliness of a Trustee’s Sale?
Montreal Bridge Builders Sue Canada Over New Restrictions
Consult with Counsel when Preparing Construction Liens
Bidders Shortlisted as Oroville Dam Work Schedule is Set
President Trump’s Infrastructure Plan Requires a Viable Statutory Framework (PPP Statutes)[i]
The New Jersey Theme Park Where Kids’ Backhoe Dreams Come True
Insurer's Motion to Dismiss Complaint for Failure to Cover Collapse Fails
Will On-Site Robotics Become Feasible in Construction?
AGC’s 2017 Federal Contractors Conference
Attorney Allowed to Withdraw When Insolvent Insurer No Longer Pays for Defense
How 'Normal' Activities Led to Three Fatal Construction Accidents
Miami Builder Colombo Forges Ahead With Condos Despite Slowdown
Ninth Circuit Finds No Coverage for Construction Defects Under California Law
“To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”
Subcontractors Must be Careful Providing Bonds when General Contractor Does Not
Hurdles with Triggering a Subcontractor Performance Bond
FBI Makes Arrest Related to Saipan Casino Construction
Intentionally Set Atlanta Interstate Fire Closes Artery Until June
Manhattan Townhouse Sells for a Record $79.5 Million
No Coverage for Tenant's Breach of Contract Claims
Steven Cvitanovic Recognized in JD Supra's 2017 Readers' Choice Awards
US-Mexico Border Wall Bids Include Tourist Attraction, Solar Panels
CSLB Releases New Forms and Announces New Fees!
Smart Cities Offer New Ideas for Connectivity
Coverage Under Builder's Risk Policy Properly Excluded for Damage to Existing Structure Only
HalfMoon’s Engineering Law and Ethics Seminar
No Bad Faith Failure to Indemnify for Punitive Damages
SummerHill Homes Group is Building Across California
Subcontractor Sentenced in Chicago DBE Fraud Case
Colorado House Bill 17-1279 – A Misguided Attempt at Construction Defect Reform
Construction Defects Survey Results Show that Warranty Laws Should be Strengthened for Homeowners & Condominium Associations
Colorado Finally Corrects Thirty-Year Old Flaw in Construction Defect Statute of Repose
Subcontractor’s Claim against City Barred by City’s Compliance with Georgia Payment Bond Statute
Utah Becomes First State to Enact the Uniform Commercial Real Estate Receivership Act
Useful Life: A Valuable Theory for Reducing Damages
United States Supreme Court Grants Certiorari in EEOC Subpoena Case
District of Oregon Predicts Oregon’s Place in “Plain Meaning” Pollution Camp
Construction Mezzanine Financing
President Trump Repeals Contractor “Blacklisting” Rule
Witt Named to 2017 Super Lawyers
Cyber Security Insurance and Design Professionals
To Sea or Not to Sea: Fifth Circuit Applies Maritime Law to Offshore Service Contract, Spares Indemnity Provision from Louisiana Oilfield Indemnity Act
2017 West Coast Casualty Construction Defect Seminar
U.S. Homebuilder Confidence Rises to Highest Since June 2005
Insurers Fine-Tune Professional Liability Premiums
How To Fix Oroville Dam
Homeowner Protection Act of 2007 Not Just for Individual Homeowners Anymore?
Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures
Local Government’s Claims on Developer Bonds Dismissed for Failure to Pursue Administrative Remedies
Connecticut Federal District Court Again Finds "Collapse" Provisions Ambiguous
Public Contract Code 9204 – A New Mandatory Claims Process for Contractors and Subcontractors – and a Possible Trap for the Unwary
Kahana & Feld P.C. Enhances Client Offerings, Expands Litigation Firm Leadership
Blog: Congress Strikes a Blow to President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673
Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue
Distinguishing Hawaii Law, New Jersey Finds Anti-Assignment Clause Ineffective
Communications between Counsel and PR Firm Hired by Counsel Held Discoverable
JD Supra’s 2017 Reader’s Choice Awards
Want to Stay Up on Your Mechanic’s Lien Deadlines? Write a Letter or Two
Preserving your Rights to Secure Payment on Construction Projects (with Examples)
$24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed to Prove Supplier’s Negligence or Breach of Contract Caused an SB800 Violation
"Is the Defective Work Covered by Insurance?"
A New Report Inspires Innovators to Redefine the AEC Industry
Trip Up the Grim Reaper with a Safety Program
36th Annual Real Property Law Section Retreat
Colorado Supreme Court Weighs in on Timeliness of Claims Against Subcontractors in Construction Defect Actions
Sanctions of $1.6 Million Plus Imposed on Contractor for Fabricating Evidence
Newmeyer & Dillion Announces Three New Partners
Subcontractor's Faulty Workmanship Is Not an "Occurrence"
New York Appeals Court Rekindles the Spark
Economic Damages and the Right to Repair Act: You Can’t Have it Both Ways
Common Construction Contract Provisions: No-Damages-for-Delay Clause
Mid-Session Overview of Colorado’s 2017 Construction Defect Legislation
America’s Infrastructure Gets a D+
Communicate with the Field to Nip Issues in the Bud
District Court denies Carpenters Union Motion to Dismiss RICO case- What it Means
Whether Subcontractor's Faulty Workmanship Is an Occurrence Creates Ambiguity
Old Case Teaches New Tricks
AGC’s 98th Annual Convention
Carlyle, CVC, KKR Said to Bid for Onex's USI Insurance
DHS Seeks Proposals for Border-Wall Prototypes
Best of the Best 2016: Residential/Hospitality: Community First! Village
California Supreme Court Declares that Exclusionary Rule for Failing to Comply with Expert Witness Disclosures Applies at the Summary Judgment Stage
No Occurrence Where Contract Provides for Delays
Subcontractor Not Estopped from Enforcing Lien Not Listed In Bankruptcy Petition
Colorado Senate Revives Construction Defects Reform Bill
Trump, Infrastructure and the Construction Industry
How is Negotiating a Construction Contract Like Buying a Car?
Miller Act and “Public Work of the Federal Government”
2017 Susan G. Komen Race for the Cure
Arizona Supreme Court Holds a Credit Bid at a Trustee’s Sale Should Not be Credited to a Title Insurer Under a Standard Lender’s Title Policy To the Extent the Bid Exceeds the Collateral’s Fair Market Value
Fence Attached to Building Covered Under Dwelling Provisions
Agree to Use your “Professional Best"? You may Lose Insurance Coverage! (Law Note)
Georgia Supreme Court Limits Damages Under Georgia Computer Systems Protection Act
Want to Use Drones in Your Construction Project? FAA Has Just Made It Easier.
NBI’s Construction Law: Advanced Issues and Answers
Quick Note: Importance of Equipment Floater Insurance
Actions by Judges and Lawmakers Could Alter Contracting in California
ENR Southwest Top Young Professionals: Top 20 Under 40
Insurer Must Defend and Indemnify Construction Defect Claims Under Iowa Law
The Burden of Betterment
Could You Be More Specific . . . About My Excess AI Coverage?
Following Mishaps, D.C. Metro Presses on With Repairs
Employees Versus Independent Contractors
Structural Failure of Precast-Concrete Span Sets Back Sydney Metro Job
Who Would Face Liability For Oroville Dam Management: Brett Moore Authors Law360 Article
Disappointment on an Olympian Scale After Rio 2016 Summer Games
Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured
Apple to Open Steve Jobs-Inspired Ring-Shaped Campus in April
Quick Note: Aim to Avoid a Stay to your Miller Act Payment Bond Claim
District Court Allows DBE False Claims Act Case to Proceed
Nationwide Immigrant Strike May Trigger Excusable Delay and Other Contract Provisions
Lorman Webinar: Fundamentals of California Construction Contracts
Insurer Cannot Escape Indemnity Obligations Through Cut-And-Paste Reservation of Rights
U.S. Housing Starts Exceed Estimates After a Stronger December
Senate Bill Would Bar Davis-Bacon on Highway Construction Projects
Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires
South Carolina Supreme Court Requires Transparency by Rejecting an Insurer’s “Cut-and-Paste” Reservation of Rights
When Construction Contracts Go Sideways in Bankruptcy
Judge Nixes SC's $100M Claim Over MOX Construction Delays
Duty to Defend Requires Payments Under Policy's Supplemental Payments Provision
General Contractors: Consider Importance of "Primary Noncontributory" Language
Whitney Stefko Named to ENR’s Top Young Professionals, formerly ENR’s Top 20 Under 40, in California
Suing a Local Government in Land Use Cases – Part 2 – Procedural Due Process
Water Backup Payment Satisfies Insurer's Obligation to Cover for Rain Damage
Reminder: The Devil is in the Mechanic’s Lien Details
Quick Note: Subcontractor Payment Bond = Common Law Payment Bond
The Conscious Builder – Interview with Casey Grey
Suing a Local Government in Land Use Cases – Part 1 – Substantive Due Process
Introduction to Insuring Construction Projects
Hawaii Legislature Considers Parametric Insurance for Hurricane Risk
Indian Developers Surge on Special Status for Affordable Housing
House Votes to Derail Contractor 'Blacklisting' Rule
Who Will Pay for San Francisco's $750 Million Tilting Tower?
Prime Contractor & Surety’s Recovery of Attorney’s Fees in Miller Act Lawsuit
New Hampshire Asbestos Abatement Firm Pleads Guilty in Federal Fraud Case
Holding the Bag for Pre-Tender Defense Costs
Guidance for Structural Fire Engineering Making Its Debut
"Damage to Your Product" Exclusion Bars Coverage
With an Eye Already in the Sky, Crane Camera Goes Big Data
Rattlesnake Bite Triggers Potential Liability for Walmart

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