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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - WEDNESDAY, JULY 28, 2021
Hawaii Legislature Sends Three Insurance-Related Bills to the Governor
Protecting the Design Professional: Exploring Recent Construction Law Issues Impacting Risk-Shifting for Design Professionals
Industry Standard and Sole Negligence Defenses Can’t Fix a Defect
Conn. Appellate Court Overturns Jury Verdict, Holding Plaintiff’s Sole Remedy for Injuries Arising From Open Manhole Was State’s Highway Defect Statute
1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement Claims
The 2021 Top 50 Construction Law Firms™
Hurry Up and Wait! Cal/OSHA Hits Pause on Emergency Temporary Standards for COVID-19 Prevention
PSA: Latest Updates from AGC-VA on COVID Rules (UPDATED)
Courts Will Not Rewrite Your Post-Loss Property Insurance Obligations
A Court-Side Seat: Guam’s CERCLA Claim Allowed, a “Roundup” Verdict Upheld, and Judicial Process Privilege Lost
When an Insurer Proceeds as Subrogee, Defendants Should Not Assert Counterclaims Against the Insured/Subrogor
Haight’s Kristian Moriarty Selected for Super Lawyers’ 2021 Southern California Rising Stars
Hunton Andrews Kurth’s Insurance Recovery Practice, Partners Larry Bracken and Mike Levine Receive Band 1 Honors from Chambers USA in Georgia
Palm Beach Billionaires’ Fix for Sinking Megamansions: Build Bigger
Former NJ Army Base $2B Makeover is 'Buzzsaw' of Activity
New York City Pensions to Fund $250 Million Apartment Venture
Construction Financial Management in the COVID Economy
Construction Site Injuries: Avoiding and Limiting Liability
The 2021 AGC Annual Convention
Texas Mechanic’s Lien Law Update: New Law Brings a Little Relief for Subcontractors and a Lot of Relief for Design Professionals
Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor's Policy
Alert: AAA Construction Industry Rules Update
Florida Supreme Court Adopts Federal Summary Judgment Standard, Substantially Conforming Florida’s Rule 1.510 to Federal Rule 56
Responding to Ransomware Learning from Colonial Pipeline
How Are You Dealing with Material Delays / Supply Chain Impacts?
Cause Still Unclear in March Retaining Wall Collapse on $900M NJ Interchange
Chambers USA 2021 Ranks White and Williams as a Leading Law Firm
Surviving the Construction Law Backlog: Nontraditional Approaches to Resolution
Chambers USA 2021 Recognizes Five Partners and Two Practices at Lewis Brisbois
For Smart Home Technology, the Contract Is Key
Congratulations to Karen Baytosh and August Hotchkin on Their Recognition as 2021 Nevada Legal Elites!
From Singapore to Rio Green Buildings Keep Tropical Tenants Cool
Housing Is So Hot That U.S. Builders Have to Stop Taking Orders
Biden Restores Obama-Era Local-Hire Pilot Program on FHWA, FTA Projects
Reinsurance Litigants May Need to Avoid Putting Their Faith in the Tort of Bad Faith
Charting Your Path to an ADR Practice: Practical Advice to Help You Prepare to Serve as a Construction Arbitrator or Mediator
Alabama Federal Magistrate Recommends Dismissal of Construction Defect Declaratory Judgment Action Due to Expanded Duty to Defend Standard
Court of Appeals Discusses the Difference Between “Claims-Made” and “Occurrence-Based” Insurance Policies
Texas Legislature Puts a Spear in Doctrine Making Contractor Warrantor of Owner Furnished Plans and Specifications
Ninth Circuit Affirms Dismissal Secured by Lewis Brisbois in Coverage Dispute Involving San Francisco 49ers’ Levi Stadium
Project-Specific Policies and Products-Completed Operations Hazard Extensions
A Court-Side Seat: Permit Shields, Hurricane Harvey and the Decriminalization of “Incidental Taking”
Material Prices Climb…And Climb…Are You Considering A Material Escalation Provision?
Beam Fracture on Closed Mississippi River Bridge Is at Least Two Years Old
Feds to Repair Damage From Halted Border Wall Work in Texas, California
Georgia State and Local Governments Receive Expanded Authority for Conservation Projects
Comply with your Insurance Policy's Conditions Precedent (Post-Loss Obligations)
New York Assembly Reconsiders ‘Bad Faith’ Bill
Replacing Coal Plants with Renewables Is Cheaper 80% of the Time
U.S. Homebuilder Confidence Steady as Low Rates Buck High Costs
Biden Administration Repeals Trump-Era Independent Contractor Rule, Signals Change to Joint Employer Rule
California Federal District Court Denies, in Part, Insurer's Motion to Dismiss COVID-19 Business Interruption Claim
George Pitcher and Tessan Wess to Present at OADC 2021 Annual Convention
Not All Work is Covered Under the Federal Miller Act
Don’t Believe Everything You Hear: Liability of Asbestos Pipe Manufacturer Upheld Despite Exculpatory Testimony of Plaintiff
Be Aware of Two New Statutes that Became Effective May 1, 2021
Florida Federal Court to Examine Issues of Alleged Arbitrator Conflicts of Interests in Panama Canal Case
"Multiple Claims" Provisions on Contractor's Professional Liability Policy Creates a Trap for Policyholders
Cross-Motions for Partial Judgment on the Pleadings for COVID-19 Claim Denied
Lewis Brisbois Appellate Team Scores Major Victory in Bad Faith Insurance Action
Allegations That COVID-19 Was Physically Present and Altered Property are Sufficient to Sustain COVID-19 Business Interruption Suit
Patrick Haggerty Promoted to Counsel
Federal Judge Vacates CDC Eviction Moratorium Nationwide
Construction Contractors Must Understand Retainage In 2021
How a Maryland County Created the Gold Standard for Building Emissions Reduction
L.A.’s Modest Solution to the ‘Missing Middle’ Housing Problem
Builders Scour for Cheaper Lumber as Futures Prices Tumble
In 2021, Industry Needs to Hire an Additional 430,000 Craft Professionals
Illinois Federal District Court Finds Duty to Defend COVID-19 Claim
2021 ABC Virtual Legal Conference
Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition
CGL, Builders Risk Coverage and Exclusions When Construction Defects Cause Property Damage
English v. RKK- There is Even More to the Story
New Hampshire Applies Crete/Sutton Doctrine to Bar Subrogation Against College Dormitory Residents
Know and Meet Your Notice Requirements or Lose Your Payment Bond Claims
Construction Costs Must Be Reasonable
Virtual Jury Trials of Construction Disputes: The Necessary Union of Both Sides of the Brain
Florida Governor Signs COVID-19 Liability Shield
Mexico City Metro Collapse Kills 24 After Neighbors’ Warnings
New York Assembly Reconsiders ‘Bad Faith’ Bill
Environmental Justice Legislation Update
Pay Inequities Are a Symptom of Broader Gender Biases, Studies Show
Google Advances Green Goal With AES Deal for Carbon-Free Power
Canadian Lumber Producers to Expand U.S. Mills Amid Home Boom
When the Construction Project Team Made 122 Design Changes in the Name of Safety
Construction’s Road Through 2021 Will Have Bumps—But Not Insurmountable Ones
5th Annual Insurance in the Construction Industry Seminar
Implied Warranty Claims–Not Just a Seller’s Risk: Builders Beware!
Saved By The Statute: The Economic Loss Doctrine Does Not Bar Claims Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
Claims against Broker for Insufficient Coverage Fail
Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy
Green Construction Claims: More of the Same
Hydrogen Powers Its Way from Proof of Concept to Reality in Real Estate
Courts Generally Favor the Enforcement of Arbitration Provisions
Bert Hummel Appointed to Chief Justice’s Commission on Professionalism
How to Protect a Construction-Related Invention
Biden Unveils $2.3 Trillion American Jobs Plan
Caveat Emptor (“Buyer Beware!”) Exceptions
Biden's Next 100 Days: Major Impacts Expected for the Construction Industry
Detroit Showed What ‘Build Back Better’ Can Look Like
Beverly Hills Homeowner Scores $83 Million Loan to Expand Mansion
New Orleans Officials Select Developer for $1-Billion Riverfront Project
New York’s App. Div., Second Dept. Addresses Policy Exhaustion Issue, But Doesn’t Resolve Lower Court Split
Save the Date: 2021 West Coast Casualty Seminar
Mechanic’s Liens and Leases Don’t Often Mix Well
Court Finds that Subcontractor Lacks Standing to Appeal Summary Judgment Order Simply Because Subcontractor “Might” Lose at Trial Due to Order
No Duty to Defend Under Renter's Policy
Four Key Steps for a Successful Construction Audit Process
Accessibility Considerations – What Your Company Should Be Aware of in 2021
Blindly Relying on Public Adjuster or Loss Consultant’s False Estimate Can Play Out Badly
Suzanne Pollack Elected to Lawyers Club of San Diego 2021 Board of Directors
Hunton Andrews Kurth Insurance Attorney, Latosha M. Ellis, Honored by Business Insurance Magazine
Evaluating Smart Home Technology: It’s About More Than the Bottom Line
COVID-19 Pandemic Preference Amendments to Bankruptcy Code Benefiting Vendors, Customers, Commercial Landlords and Tenants
Congratulations to Haight’s 2021 Super Lawyers San Diego Rising Stars
NYC’s Developers Plow Ahead With Ambitious Plans to Reshape City
Calling the Shots
Canary Wharf May Scrap Planned Office Skyscraper for Apartments
Construction Adds 110,000 Jobs in March
Fancier Homes Mean Higher Insurance Premiums Under New Flood System
Construction Project Scheduling & Delay Claims Seminar
Pass-Through Subcontractor Claims, Liquidating Agreements, and Avoiding a Two-Front War
Cybersecurity "Flash" Warning for Construction and Manufacturing Businesses
The Value of Photographic Evidence in Construction Litigation
Three Key Takeaways from Recent Hotel Website ADA Litigation
US Court Disputes $1.8B AECOM Damage Award in ‘Remarkable Fraud’ Suit
Mitigate Construction Risk Through Use of Contingency
Clearly Determining in Contract Who Determines Arbitrability of Dispute
Connecticut Appellate Court Breaks New Ground on Policy Exhaustion
The Court-Side Seat: FERC Reviews, Panda Power Plaints and Sovereign Immunity
Congratulations Devin Brunson on His Promotion to Partner!
Why Biden’s Infrastructure Plan Is a Green Jobs Plan
Oklahoma Finds Policy Can Be Assigned Post-Loss
Macron Visits Notre Dame 2 Years After Devastating Fire
Housing Starts in U.S. Soar After Winter-Related Setback
Nonresidential Construction Spending Stabilizes in January 2021, Down 5% Since January 2020, Says ABC
Factory Mutual’s “Contamination” Exclusion Is Ambiguous; May Not Limit Coverage For COVID-19 Business Interruption Loss
WebEd: Holy Smokes We Had an Incident, What Do I Do Now
California Contractors: New CSLB Procedure Requires Non-California Corporations to Associate All Officers with Their Contractor’s License
Attorneys' Fee Clauses are Engraved Invitations to Sue
Texas Supreme Court Finds Payment of Appraisal Award Does Not Absolve Insurer of Statutory Liability
Additional Elements a Plaintiff Must Plead and Prove to Enforce Restrictive Covenant
Key Legal Considerations for Modular Construction Contracts
A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege
Congratulations Bryan Stofferahn, August Hotchkin, and Eileen Gaisford on Their Promotion to Partner!
Traub Lieberman Partner Lisa M. Rolle Obtains Summary Judgment in Favor of Defendant
Hudson Tunnel Plan Shows Sign of Life as U.S. Speeds Review
UPDATE: Trade Secrets Pact Allows Resumed Work on $2.6B Ga. Battery Plant
Counter the Rising Number of Occupational Fatalities in Construction
A Top U.S. Seller of Carbon Offsets Starts Investigating Its Own Projects
ASCE's Architectural Engineering Institute Announces Winners of 2021 AEI Professional Project Award
U.S. Homebuilder Confidence Increased Slightly in April
Utah’s Budget Surplus Will Give State Transportation Projects $1B Boost
COVID Insurance Coverage, One Year Later – Herd Immunity for Insurers or is Coverage Spreading for Policyholders?
How to Effectively Implement or Defend Against a Delay Claim: Scheduling for Construction Attorneys, Part II
Tort Claims Against an Alter Ego May Be Considered an Action “On a Contract” for the Purposes of an Attorneys’ Fees Award under California Civil Code section 1717
Common Law Indemnification - A Primer
Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible
Even Where Fraud and Contract Mix, Be Careful With Timing
Angela Cooner Receives Prestigious ASA State Advocate Award
Death of Subcontractor’s Unjust Enrichment Claim Against Project Owner
White and Williams Recognized by BTI Consulting Group for Client Service
Workers Compensation Insurance: Dangers of the Audit Process
CFTC Establishes Climate-Risk Unit, Echoing Other Biden Administration Agency Themes
FDOT Races to Re-Open Storm-Damaged Pensacola Bridge
Contractors Set to Implement Air Quality Upgrades for Healthier Buildings
Scotiabank Is Cautious on Canada Housing as RBC, BMO Seek Action
Developer's Novel Virus-killing Air Filter Ups Standard for Indoor Air Quality
Palm Beach County Mansions Scooped Up in Hot Pandemic Market
Is the Pandemic Forcing An Evolution in P3 Work?
A Guide to Homeowners' Insurance for California Wildfire Losses
Construction Law in Montana Seminar
New York Considering Legislation That Would Create Statute of Repose For Construction
Texas Supreme Court to Review Eight-Corners Duty-to-Defend Rule
Cybersecurity “Flash” Warning for Construction and Manufacturing Businesses
Eastern District of Pennsylvania Confirms Carrier Owes No Duty to Defend Against Claims for Faulty Workmanship
California Case Is a Reminder That Not All Insurance Policies Are Alike Regarding COVID-19 Losses
Arguing Cardinal Change is Different than Proving Cardinal Change
When Is an Arbitration Clause Unconscionable? Not Often
Rachel Reynolds Selected as Prime Member of ADTA
America’s Infrastructure Gets a C-. It’s an Improvement Though
Hunton Andrews Kurth Promotes Insurance Recovery Lawyer Andrea (Andi) DeField to Partner
Mortgage Firms Face Foreclosure Ban Until 2022 Under CFPB Plan
Has Hydrogen's Time Finally Come?
Contractors Prepare for a Strong 2021 Despite Unpredictability
How Biden Can Build Back Better by Investing in Homes
2021 Outlook: Emerging Technologies Impacting the Construction Industry
Event Cancellation Dispute "Scheduled" for Federal Court Ruling
2021 West Coast Casualty Construction Defect Seminar Delayed to Fall
Design Immunity Defense Gets Special Treatment on Summary Judgment
Dispute Resolution Provision in Subcontract that Says Owner, Architect or Engineer’s Decision Is Final
Seven Trends That Impact Commercial Construction Litigation in 2021
Everybody Is Going to End Up Paying for Texas' Climate Crisis
More on Duty to Defend a Subcontractor
New York Regulator Issues Cyber Insurance Guidelines
Force Majeure Under the Coronavirus (COVID-19) Pandemic
The Show Must Go On: Shuttered Venues Operators Grant Provides Lifeline for Live Music and Theater Venues
Federal Judge Strikes Down CDC’s COVID-19 Eviction Moratorium
Revamp to Nationwide Permits Impacting Oil and Gas Pipeline, Utility and Telecom Line Work
Ignoring Employee ADA Accommodation Requests Can Be Costly – A Cautionary Tale
Five Steps Employers Should Take In the Second Year Of the COVID-19 Pandemic
UK Court Rules Against Bechtel in High-Speed Rail Contract Dispute
The Housing Boom That Never Ends Already Wiped Out All the Short-Sellers
Drones: A Valuable Tool for the Construction Jobsite
Unclear Sublimits Inapplicable to Superstorm Sandy Damage
California Construction Law Seminar
Injured Subcontractor Employee Asserts Premise Liability Claim Against General Contractor
Assessing Defective Design Liability on Federal Design-Build Projects
Legal Risks of Green Building
Illinois Court Determines Duty to Defend Construction Defect Claims
Federal Courts Keep Chipping Away at the CDC Eviction Moratorium
The American Rescue Plan Act: What Restaurants Need to Act on NOW
Massachusetts Supreme Judicial Court Strikes a Deathblow to Substantial Factor Causation in Most Cases; Is Asbestos Litigation Next?
Defining Constructive Acceleration
Biden Administration Focus on Environmental Justice Raises Questions for Industry
A Court-Side Seat: A Poultry Defense, a Houston Highway and a CERCLA Consent Decree that Won’t Budge
CalOSHA Updates its FAQ on its COVID-19 Emergency Temporary Regulations
Details of Sealed Whistleblower Charges Over Cuomo Bridge Bolts Burst Into Public View
Judgment Stemming from a Section 998 Offer Without a Written Acceptance Provision Is Void
Varde Partners Bets on Housing Market Boom in Sun Belt Suburbs
Q&A: The Challenge of Meeting LEED Materials Requirements
Restaurant Group's Multi-Litigation Business Interruption Claims Survive Motion to Dismiss
CMAA Focus21
Idaho District Court Affirms Its Role as the Gatekeeper of Expert Testimony
Missouri Asbestos Litigation Reform: New Bill Seeks to Establish Robust Disclosure Obligations
Sub-Limit Restricts Insured's Flood Damage Recovery
Build Me A Building As Fast As You Can
Lewis Brisbois Promotes 35 to Partnership
Virginia Joins California and Nevada in Passing its Consumer Privacy Act
Carin Ramirez and David McLain recognized among the Best Lawyers in America© for 2021
Hunton Insurance Recovery Partner Michael Levine Quoted on Why Courts Must Consider the Science of COVID-19
Feds, County Seek Delay in Houston $7B Road Widening Over Community Impact
New York State Legislature Reintroduces Bills to Extend Mortgage Recording Tax to Mezzanine Debt and Preferred Equity
$1.9 Trillion Stimulus: Five Things Employers Need to Know
Beyond the COI: The Importance of an Owner's or Facilities Manager's Downstream Insurance Review Program
Texas and Georgia Are Paying the Price for Sprawl
U.S. Homebuilders Urge Biden to Help Ease Sky-High Lumber Costs
AI-Powered Construction – An Interview with Aviv Leibovici of Buildots
Warming Up Winter Preparedness Plans
Using Effective Discovery Tools to Resolve Insurance Defense Cases
Close Enough Only Counts in Horseshoes and Hand Grenades
Force Majeure Under the Coronavirus (COVID-19) Pandemic
The Texas Storm – Guidance for Contractors
No Coverage for Home Damaged by Falling Boulders
Prefabrication Contract Considerations
It's a Wrap! Enforcing Online Agreements in Light of the CPRA
Triable Issue of Fact Exists as to Insurer’s Obligation to Provide Coverage Under Occurrence Policy
Waiver of Consequential Damages: The Most Important Provision in a Construction Contract
U.K. Puts Tax on Developers to Fund Safer Apartment Blocks
COVID-19 Response: Executive Order 13999: Enhancement of COVID-19-Related Workplace Safety Requirements
OSHA Reinforces COVID Guidelines for the Workplace
2021 Construction Related Bills to Keep an Eye On [UPDATED]
House of Digital Twins
The 2021 Groundbreaking Women in Construction Conference
Good Result for Goodwill on Its Bid for COVID-19 Business-Interruption Claim
Create a Culture That Better Supports Women in Construction
Surprise U.S. Existing-Home Sales Gain Caps Best Year Since 2006
Supreme Judicial Court of Maine Addresses Earth Movement Exclusion
Gene Witkin Joins Ross Hart’s Mediation Team at AMCC
California Contractor Tests the Bounds of Job Order Contracting
New York Appellate Division: Second Department Contradicts First Department, Denying Insurer's Recoupment of Defense Costs for Uncovered Claims
Constructive Notice Established as Obstacle to Relation Back Doctrine
Patti Santelle Honored by Rutgers School of Law with Arthur E. Armitage Sr. Distinguished Alumni Award
New 2021 ALTA/NSPS Land Title Survey Standards Effective February 23, 2021
Candis Jones Named to Atlanta Magazine’s 2021 “Atlanta 500” List
Using Lien and Bond Claims to Secure Project Payments
Allocating Covered and Uncovered Damages in Jury Verdict
New York Court Finds Insurers Cannot Recover Defense Costs Where No Duty to Indemnify
U.K. to Set Out Plan for Fire-Risk Apartment Cladding Crisis
Phillips & Jordan Awarded $176M Everglades Restoration Contract

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