Construction Defect Journal Archives | www.constructiondefectjournal.com

A Cybersecurity Primer for Contractors: Threats, Liability and Insurance

9th Annual California Construction Law Seminar

Risk Transfer: The Souffle of Construction Litigation

Constructive Suspension (Suspension Outside of an Express Order)

Pulling the Plug

Defense Owed to Insured Subcontractor, but not to Additional Insured

California Court Forces Insurer to Play Ball in COVID-19 Insurance Coverage Suit

Real Estate & Construction News Round-Up (11/30/22) – Proptech Trends, Green Construction, and Sustainable Buildings

Traub Lieberman Partner Gregory S. Pennington and Associate Emily A. Velcamp Obtain Summary Judgment in Favor of Residential Property Owners

Renee Mortimer Recognized as "Defense Lawyer of the Year" by DTCI

Firm Pays $8.4M to Settle Hurricane Restoration Contract Case

Blog Completes Fifteenth Year

Virginia Civil Engineers Give the State's Infrastructure a "C" Grade

Brown and Caldwell Appoints Stigers as Design Chief Engineer

Recycling Our Cities, One Building at a Time

Toll Brothers Reports FY 2022 4th Quarter Results

Novel $750M Gas Power Plant With No Air Emissions Set in Texas

It’s Not You, It’s Them: Dealing With Insurance Coverage Denials

Josh Cole Aicklen to Present NBI Seminar on Nevada Personal Injury Litigation

Professional Services Exclusion in CGL Policies

While Construction Permits Slowly Rise, Construction Starts and Completions in California Are Stagnant

Construction Mediation Tips for Practitioners and 'Eyes Only' Tips for Construction Mediators

Court Affirms Duty to Defend Additional Insured Contractor

Buffalo-Area Roof Collapses Threaten Lives, Businesses After Historic Snowfall

Lien Law Change in Idaho

Hunton Insurance Practice Again Scores “Tier 1” National Ranking in US News Best Law Firm Rankings

Tejon Ranch Co. Announces Settlement of Litigation Related to the Tejon Ranch Conservation and Land Use Agreement

Real Estate & Construction News Round-Up (11/16/22) – Backlog Shifts, Green Battery Storage, and Russia-Ukraine Updates

Veterans Day – Thank You for Your Service

PSA: Pay If Paid Ban Goes into Effect on January 1, 2023

Tennessee Civil Engineers Give the State's Infrastructure a "C" Grade

How to Drop a New Building on Top of an Old One

Hard-Hit Homebuilders Soar Most Since April 2020 on CPI Data

Expert Tips on Height Safety for Roof Workers

Physical Alteration of Insured Property not Required for Coverage Under a Communicable Disease Coverage Extension

2023 AGC Annual Convention

Licensing Mistakes That Can Continue to Haunt You

No Coverage for Subcontractor's Faulty Workmanship

Product Liability Economic Loss Rule and “Other Property” Damage

Will Protecting Copyrights Get Easier for Architects?

Grenfell Fire Probe Faults Construction Industry Practices

Look Up And Look Out: Increased Antitrust Enforcement Of Horizontal No-Poach Agreements Signals Heightened Scrutiny Of Vertical Agreements May Be Next

Supreme Court Holds That Prevailing Wage Statute is Constitutional

Payne & Fears LLP Recognized by U.S. News & World Report and Best Lawyers in 2023 “Best Law Firms” Rankings

Continuity and Disaster Recovery Plans for Contractors: Lessons From the Past

Pennsylvania Civil Engineers Give the State's Infrastructure a "C-" Grade

Global Emissions From Buildings, Construction Climb to Record Levels

South Adams County Water and Sanitation District Takes Proactive Step to Treat PFAS, Safeguard Water Supplies

AI – A Designer’s Assistant or a Replacement?

Dodge Forecast: Pace of Construction Starts to Flatten Out in 2023

Vertical Growth

The Impact of the Russia-Ukraine Conflict on the Insurance Industry, Part Two: Availability of Insurance

2023 DRI Women in the Law Seminar

Coverage for Collapse Ordered on Summary Judgment

Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable

Sustainability Is an Ever-Increasing Issue in Development

Re-Thinking the One-Sided Contract: Considerations for a More Balanced Approach to Contracting

Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.

Court Finds That $400 Million Paid Into Abatement Fund Qualifies as “Damages” Under the Insured’s Policies

Value In Being Deemed “Statutory Employer” Under Workers Compensation Law

Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” and Tier 2 for Orange County by U.S. News – Best Lawyers® “Best Law Firms” in 2023

Certain Private Projects Now Fall Under Prevailing Wage Laws. Is Yours One of Them?

Lewis Brisbois Ranked Tier 1 Nationally for Insurance Law, Mass Tort/Class Actions Defense by U.S. News/Best Lawyers

Chimney Collapses at South African Utility’s Unfinished $13 Billion Power Plant

A Networked World of Buildings

San Francisco International Airport Reaches New Heights in Sustainable Project Delivery

Woodside Homes Received the Building Industry Association's Highest Accolade of "Build Of The Year" on November 10th

New Technologies for Reduced-Carbon Concrete Are On the Horizon

Is New Jersey's Unfair Claim Settlement Practices Act Obsolete?

Construction General Counsel Talk About A Tipping Point of Risk

What The U.S. Can Learn from China to Bring Its Buildings to New Heights

Home Builders and Developers Beware: SC Supreme Court Beats Up Hybrid Arbitration Clauses Mercilessly

Real Estate & Construction News Round-Up (11/02/22) – Flexible Workspaces, Sustainable Infrastructure, & Construction Tech

For Breach of Contract Claim, There Needs to be a Breach of a Contractual Duty

Insured's Failure to Challenge Trial Court's Application of Exclusion Makes Appeal Futile

D&O Insurer Must Cover Mortgage Broker’s $15 Million Settlement of Alleged False Claims Act Violations

Rising Construction Disputes Require Improved Legal Finance

Anatomy of a Construction Dispute- A Wrap Up

Traub Lieberman Partner Lisa Rolle Obtains Summary Judgment in Favor of Defendant

ASCE and Accelerator for America Release Map to Showcase Projects from Bipartisan Infrastructure Law

OSHA Announces Expansion of “Severe Violator Enforcement Program”

Sanibel Causeway Repair: Contractors Flooded Site With Crews, Resources

DC Wins Largest-Ever Civil Penalty in US Housing Discrimination Suit

Sixth and Guadalupe Mixed-Use Tower Tops Out as the Tallest Tower in Austin

Balance Disorders: The Unseen Effects of Jobsite Fall Injuries

What is Contractual Risk Transfer?

The NAHB IBS 2023

The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose

Gru Was Wrong About the Money: Court Concludes that Lender Owes Contractor “Contractually, Factually and Practically”

Contractor Owed a Defense

A Lack of Sophistication With the Construction Contract Can Play Out In an Ugly Dispute

Newmeyer Dillion Named 2023 Best Law Firm in Multiple Practice Areas By U.S. News-Best Lawyers

Avoid L&I Violations by Following Appropriate Safety Procedures

Vermont Supreme Court Finds COVID-19 May Damage Property

Chesapeake Bay Water Quality Is Still in Trouble, Two Major Reviews Say

Safeguarding the U.S. Construction Industry from Unfair Competition Abroad

Does Article 2 of the Uniform Commercial Code Impact Your Construction Project?

Actual Cost Value Includes Depreciation of Repair Labor Costs

One Nation, Under Renovation

Two Bright Spots in a Cooling Housing Market

We Need to Talk: Suicide Prevention in Construction

Concealment Or Fraud Provision In Insurance Policy

2023 DRI Construction Law Seminar

Public Policy Prevails: Homebuilders and Homebuyers Cannot Agree to Disclaim Implied Warranty of Habitability in Arizona

Violation of Prompt Payment Statutes is Not a Breach of Contract. But That’s Not the Most Interesting Part

Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor

Construction Contracts and The Uniform Commercial Code: When Does it Apply and Understanding the Pre-Dominant Factor Test

Hurricane Warning: Florida and Southeastern US Companies – It is Time to Activate Your Hurricane Preparedness Plan and Review Key Insurance Deadlines

Important Insurance Alert for Out-of-State Contractors Assisting in Florida Recovery Efforts!

Do Not File a Miller Act Payment Bond Lawsuit After the One-Year Statute of Limitations

Contractors Liable For Their Subcontractor’s Failure To Pay Its Employees’ Wages And Benefits

OSHA Set to Tag More Firms as Severe Violators Under New Criteria

Hawaii Appellate Court Finds Agent May Be Liable for Failing to Submit Claim

Tech to Help Contractors Avoid Litigation

A Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022

Want to Build Affordable Housing in the Heart of Paris? Make It Chic.

Great Place to Work Names Tri Pointe Homes as One of Fortune's Best Workplaces for Women in 2022

Where Are the Workers?

Contra Proferentem: Haunting Insurers for Years to Come

Construction Project Management in Uncertain Times: Legal and Procedural Issues

The Domino Effect of Labor, Construction and AI

New Home Construction Booming in Texas

Texas Federal Court Finds Total Pollution Exclusion Does Not Foreclose a Duty to Defend Waterway Degradation Lawsuit

EEOC Sues Schuff Steel, J.A. Croson in New Racial Harassment Cases

Late Notice Bars Insured's Claim for Loss Caused by Hurricane

The Independent Tort Doctrine (And Its Importance)

Don’t Be Lazy with Your Tenders

Recovering For Inflation On Federal Contracts: Recent DOD Guidance On Economic Price Adjustment Clauses

Blue Gold: Critical Water for Critical Energy Materials

Is It Time to Digitize Safety?

Real Estate & Construction News Round-Up (10/05/22) – Hurricane Ian, the Inflation Reduction Act, and European Real Estate

The Brooklyn Condominium That’s Reinventing Outdoor Common Space

End of an Era: Los Angeles County Superior Court Closes the Personal Injury Hub

Get Smarter About Electric Construction Equipment

Meritage Homes Releases Second Annual Environmental, Social and Governance Report

Ongoing Product and Labor Shortages Affect Construction Insurance Policies

ABC Convention 2023

Subsequent Purchaser Can Assert Claims for Construction Defects

Select the Best Contract Model to Mitigate Risk and Achieve Energy Project Success

Mediation is (Almost) Always Worth a Shot

Gone Fishing: Tenant’s Insurer Casts A Line Seeking To Subrogate Against The Landlord

Insurer Fails to Establish Prejudice Due to Late Notice

Chapman Glucksman Press Release

Deadline for Hurricane Ian Disaster Recovery Applications Announced

Kadeejah Kelly Named to The National Black Lawyers’ “Top 40 Under 40” List

The Future Has Arrived: New Technologies in Construction

Real Estate & Construction News Round-Up (09/21/22) – 3D Printing, Sustainable Design, and the Housing Market Correction

Traub Lieberman Attorneys Recognized as 2022 New York – Metro Super Lawyers®

ASCE Statement On White House "Accelerating Infrastructure Summit"

Pre-Covid Construction Contracts Unworkable as Costs Surge, Webuild Says

ABC's Contractor Confidence Rebounds; Construction Backlog Indicator Flat in August

New Report: Civil Engineering Salaries and Job Satisfaction Are Strong and Continue to Climb

Insurance Best Practices for Working With Subcontractors, Seasonal and Temporary Employees

ABA Forum on Construction Law: Must Know Provisions of Industry Form Construction Contracts

Hurricane Ian: Discussing Wind-Water Disputes

Don’t Put Yourself In The Position Of Defending Against An Accord And Satisfaction Defense

Hurricane Ian: Florida Expedites Road Work as Damage Comes Into Focus

No Duty to Defend under Homeowner's Policy Where No Occurrence, No Property Damage

Pine Island Bridge in Place as Florida Pushes Barrier Island Access in Ian's Wake

New FAR Rule Mandates the Use of PLAs on Large Construction Projects

Significant Ruling in PFAS Litigation Could Impact Insurance Coverage

Angela Cooner Named "Top Lawyer" by Phoenix Magazine in Inaugural Publication

Can a Lease Force a Tenant's Insurer to Defend the Landlord?

Subcontractor Strength Will Drive Industry’s Ability to Meet Demand, Overcome Challenges

Want to Make Your Jobsite Safer? Look to the Skies.

Connecticut Civil Engineers Give the State's Infrastructure a "C" Grade

NYC Rail Tunnel Cost Jumps and Construction Start Pushed Back

Toll Brothers Co-Founder Robert I. Toll Passes Away, Leaving Unmatched Legacy of Excellence in the Home Building Industry

Engaging For Results Part I – Working with and Through Others

Hurricane Ian likely to bring incurred losses in US fire and natural hazards market to near record level, says GlobalData

ASCE 2022 Convention

The Credibility of Your Expert (Including Your Delay Expert) Matters in Construction Disputes

Part of the Whole: Idaho District Court Holds Economic Loss Rule Bars Tort Claims Related to Water Supply Line that was Part of Home Purchase

The Choice Is Yours – Or Is It? Anti-Choice-of-Laws Statutes Applicable to Construction Contracts

Failure to Allege Property Damage Within Policy Period Defeats Insured's Claim

ISO’s Flood Exclusion Amendments and Hurricane Ian Claims

Independent Contractor v. Employee. The “ABC Test” Does Not Include a Threshold Hiring Entity Test

Five Construction Payment Issues—and Solutions

Texas Central Wins Authority to Take Land for High-Speed Rail System

Several Lewis Brisbois Partners Recognized by Sacramento Magazine in List of Top Lawyers

The Ups and Downs of Elevator Maintenance Contractor's Policy Limits

Several Wilke Fleury Attorneys Featured in Sacramento Magazine 2022 Top Lawyers!

Sacramento Water Works Recognized as a Historic Civil Engineering Landmark

There’s an Unusual Thing Happening in the Housing Market

Diversity in Construction to be Celebrated by 100,000 People on Turner Jobsites and Offices

Tall-Timber Building Expected in Chicago, 151 Years After the Great Fire

Lost Income Caused by Business Interruption Due to COVID-19 Not Covered by Insurance Policy

Insurance in the Construction Industry Seminar

Contractors Should be Aware of Homeowner Duties When Invited to Perform Residential Work

Ex-San Francisco DPW Director Sentenced to Seven Years in Corruption Case

Is the Event You Are Claiming as Unforeseeable Delay Really Unforeseeable?

You Are on Notice: Failure to Comply With Contractual Notice Provisions Can Be Fatal to Your Claim

Mediation in the Zero Sum World of Construction

Texas Jury Finds Presence of SARS-CoV-2 Virus Causes “Physical Loss or Damage” to Property, Awards Over $48 Million to Baylor College of Medicine

Gordie Howe Bridge Project Team Looks for a Third Period Comeback

Best Lawyers® Recognizes 37 White And Williams Lawyers

Can I Record a Lis Pendens in Arizona if the Lawsuit is filed Another Jurisdiction?

Real Estate & Construction News Round-Up (08/24/22) – Local Law 97, Clean Energy, and IRA Tax Credits

Despite Increased Presence in Construction, Women Lack Size-Appropriate PPE

New York Team Secures Appellate Win on Behalf of National Home Improvement Chain

Henderson Engineers Tests AI for Building Systems Design with Torch.AI

US Housing Starts Rise Unexpectedly Though Building Permits Drop

Proactive Fiscal Project Management: Construction’s Defense Against Price Instability

COVID-19 Claim with Multiple Occurrences Prevails on Summary Judgment

Construction Defect Litigation Seminar

Can I Be Required to Mediate, Arbitrate or Litigate a California Construction Dispute in Some Other State?

Is the Removal and Replacement of Nonconforming Work Economically Wasteful?

Indemnity: What You Don’t Know Can Hurt You!

Massachusetts High Court: Attorney's Fee Award Under Consumer Protection Act Not Covered by General Liability Insurance Policy

Design-Build Contracting for County Road Projects

Best Lawyers Recognizes Hundreds of Lewis Brisbois Attorneys, Honors Four Partners as ‘Lawyers of the Year’

Kiewit Hired as EPC for Fire-Damaged Freeport Gas Terminal Fix

Four White and Williams Lawyers Recognized as "Lawyer of the Year" by Best Lawyers®

Construction News Roundup

Traub Lieberman Attorneys Recognized in the 2023 Edition of The Best Lawyers in America®

The Administrative Procedure Act and the Evolution of Environmental Law

Modern Tools Are Key to Future-Proofing the Construction Industry

Panthers Withdraw City, County Deal Over Abandoned Facility

Affordable Housing Developers Look to the White House for Help

Increase Sustainability Without Hurting the Bottom Line or Project Quality

Allegations that COVID-19 Virus Lives on Surfaces Adequately Alleges Direct Physical Loss or Damage

Construction Law in Florida Seminar

Mind Over Matter: Court Finds Expert Opinion Based on NFPA 921 Reliable Despite Absence of Physical Testing

Colorado Defective Construction is Not Considered "Property Damage"

TxDOT: Flatiron/Dragados Faces Default Over Bridge Design Issues

Presenting a “Total Time” Delay Claim Is Not Sufficient

What You Need to Know About “Ipso Facto” Clauses and Their Impact on Termination of a Contractor or Subcontractor in a Bankruptcy

Insurer's Motion for Summary Judgment on Business Interruption Claim Denied

Construction Picks Up Post-COVID and So Do Claims (and A Construction Lawyer Can Help)

Traub Lieberman Partner Greg Pennington Wins Summary Judgment in Favor of Property Owner

Real Estate & Construction News Round-Up (08/17/22) – Glass Ceilings, Floating Homes and the Inflation Reduction Act

Milhouse Engineering and Construction, Inc. Named 2022 A/E/C Building a Better World Award Winner

Why Ethiopia’s $5 Billion Dam Has Riled Its Neighbors

Create a Culture of Safety to Improve Labor Recruitment Efforts

Critical Materials for the Energy Transition: Of “Rare Earths” and Even Rarer Minerals

Tri Pointe Homes Earns 2022 Best Workplace in Construction Recognition From Great Place to Work and Fortune

Three Reasons Veterans Make Great Construction Employees

What is Contractor Professional Liability Coverage?

40th Annual CMAA Conference

Differing Site Conditions: What to Expect from the Court When You Encounter the Unexpected

Unravel the Facts Before Asserting FDUTPA and Tortious Interference Claims

Beware of Design Pitfalls In Unfamiliar Territory

Just Decided – New Jersey Supreme Court: Insurers Can Look To Extrinsic Evidence To Deny a Defense

9 Basic Strategies for Pursuing Coverage for Construction Accident Claims

Recent Developments Involving Cedell v. Farmers Insurance Company of Washington

Wilke Fleury Attorneys Featured in 2022 Northern California Super Lawyers and Rising Stars Lists

AIA Releases State-Specific Waiver and Release Forms

Claim for Punitive Damages Based on Insurers' Alleged Bad Faith Business Practices Fails

Wisconsin Federal Court Addresses Scope Of Appraisal Provision In Rental Dwelling Policy

Affordable Housing, Military Contracts and Mars: 3D Printing Construction Potential Builds

Work to Solve the Mental Health Crisis in Construction

Los Angeles Warehousing Mecca Halts Expansion Just as Needs Soar

Future Builders Sharpen Skills on Rose Parade Float

TestFit, the Maker of an AI-Powered Building Configurator, Gets $20 Million Funding

COVID-19 Business Interruption Claim under Environmental Policy Survives

ABA Forum on Construction Law 2022 Fall Meeting

When a Request for Equitable Adjustment Should Be Treated as a Claim Under the Contract Disputes Act

San Francisco OKs Revamped Settling Millennium Tower Fix

Anti-Concurrent Causation Endorsements in CGL Insurance Policies: A Word of Caution

Be Mindful Accepting Payment When Amounts Owed Are In Dispute

Eleven Newmeyer Dillion Attorneys Named to 2023 U.S. News Best Lawyers in Multiple Practice Areas

Awarding Insurer Summary Judgment Before Discovery Completed Reversed

Super Lawyers Recognized Five Lawyers from Hunton’s Insurance Recovery Group

Real Estate & Construction News Round-Up (08/10/22)

Fifth Circuit Requires Causal Distinction for Ensuing Loss Exception to Faulty Work Exclusion

White and Williams LLP Acquires 6 Attorney Firm

With Vice President's Tie-Breaker, US Senate Approves Far-Reaching Climate Bill

MBS’s $500 Billion Desert Dream Just Keeps Getting Weirder

Explore Legal Immigration Options for Construction Companies

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Massive Storms Damage Laurel Canyon Homes, Leaving Residents on Edge

Recent Southern California storms have left major damage to Laurel Canyon homes, leaving a path of destruction behind for residents, KTLA's Sandra Mitchell reports.

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Some Members of ‘Hype House’ Sued After Owner Claims Rental Home Damages

TikTok's Hype House, which has 21 million followers, is known for its out-of-control videos of its stunts, but now, those wild stunts are triggering a lawsuit against some of the tenants, Inside Edition reports.

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Deadly California Storm Costs Hundreds of Millions in Damage

After a rare storm swamped California, the cost of destruction to the statewide infrastructure is already in the hundreds of millions. NBC News’ Miguel Almaguer has the latest on the damage.

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Pent-Up Demand to Spur Housing Recovery in '24: NAHB CEO

National Association of Homebuilders CEO Gerald Howard discusses the outlook for the US housing market with Tom Keene and Lisa Abramowicz on "Bloomberg Surveillance."

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Bay Area Storm: More Rain, Flooding, Landslides, Road Closures

The latest in a parade of storms arrived in the Bay Area overnight Monday, packing a punch, with moderate to heavy rain, strong wind gusts and the danger of flooding in several parts of the region. Bob Redell, Emma Goss, Kari Hall and Mike Inouye of NBC Bay Area report.

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Rushing Waves Flood Coastal Areas of San Diego County After a Powerful Storm Drenched California

CBS 8 San Diego reports towering waves flooded much of the San Diego coast Friday morning, leaving ocean-front residents with a huge mess to clean up.

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