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CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - FRIDAY, MAY 14, 2021
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
ABA Insurance Coverage Litigation Committee's Virtual Seminar Kicks Off in March
McLaughlin v. Travelers
How Preventative Maintenance Improves Construction Worker Safety
U.S. Housing Starts Rose to Fastest Pace Since 2006 in December
Save the Date: IRMI Construction Risk Conference
Oklahoma Court Issues Reasoned Opinion, Adopts Policyholder View on “Physical Loss or Damage” as Only Reasonable One, in Cherokee Nation COVID-19 Coverage Win
'Ribbon of Light' Begins to Unfurl in Los Angeles
The Housing Market Boom Gets Another Boost From Biden
Construction Managers, Are You Exposing Yourselves to Labor Law Liability?
New Jersey Supreme Court Upholds $400 Million Award for Superstorm Sandy Damages
The ABCs of PFAS: What You Need to Know About Liabilities for the “Forever Chemical”
"Ongoing Storm" Rules for the Northeast (Connecticut, Massachusetts, New Jersey, New York & Rhode Island)
Wonder How 2021 May Differ From 2020? Federal Data Privacy May Be Enacted - Be Prepared
Cold Weather Causes Power Blackouts, Disruptions on Jobsites
OSHA Issues Guidance on Mitigating, Preventing Spread of COVID-19 in the Workplace
Application of Set-Off When Determining Prevailing Party for Purposes of Attorney’s Fees
Persimmon Offers to Fix Risky Homes as Cladding Crisis Grows
Biden’s Buy American Policy & What it Means for Contractors
Do Not Forfeit Coverage Under Your Property Insurance Policy
Powering Goal Congruence in Construction Through Smart Contracts
How Artificial Intelligence Can Transform Construction
Seth Friedman, Christopher Meeks to Participate at ABA Virtual Insurance Coverage Litigation Seminar
Ninth Circuit Finds Excess Carrier Can Challenge Primary Insurer's Settlement Payment and Erosion of Limits
E-Commerce Trends for Commercial Construction
This Chart Should Assuage Fears of a Housing Bubble
New York Court Finds No Coverage Owed for Asbestos Losses Because Insured Failed to Prove Material Terms
The Basics of Subcontractor Defaults – Key Considerations
Arbitration Denied: Third Appellate District Holds Arbitration Clause Procedurally and Substantively Unconscionable
California Superior Court Overrules Insurer's Demurrer on COVID-19 Claim
Hybrid Contracts for The Sale of Goods and Services and the Predominant Factor Test
Europe’s Satellites Could Help Catch the Next Climate Disaster
Todd Seelman Recognized as Fellow of Wisconsin Law Foundation
A Court-Side Seat: Coal-Fired Limitations, the Search for a Venue Climate Change and New Agency Rules that May or May Not Stick Around
Energy Company Covered for Business Interruption Losses Caused by Fire and Resulting in Town-Ordered Shutdown
Autovol’s Affordable Housing Project with Robotic Automation
Arizona Is the No. 1 Merit Shop Construction State, According to ABC’s 2020 Scorecard
Renovation Makes Old Arena Feel Brand New
Wall Street’s Favorite Suburban Housing Bet Is Getting Crowded
Suzanne Mulvihill on Panel for ALFA International’s Virtual Seminar on Commercial Lease Disputes on February 17, 2021
Addressing These Key Issues Can Help Improve Safety on the Jobsite
How to Increase Hispanic Representation in the Construction Industry
Congress Establishes the 4% Floor to Support Affordable Housing
California Court of Appeal Vacates $30M Non-Economic Damages Award Due to Failure to Properly Apportion Liability and Attorney Misconduct During Closing Argument
Another Reminder that Contracts are Powerful in Virginia
Is A Miller Act Payment Bond Surety Bound by A Default or Default Judgment Against Its Principal?
Lane Construction Sues JV Partner Skanska Over Orlando I-4 Project
No Duty to Indemnify Where No Duty to Defend
The Privacy Shield Is Gone: How Do I Now Move Data from the EU to the US
Traub Lieberman Attorneys Recognized as 2021 Top Lawyers by Hudson Valley Magazine
Uniform Rules Governing New York’s Supreme and County Courts Get An Overhaul
Touchdown! – The Construction Industry’s Winning Audible to the COVID Blitz
2021 Real Estate Trends: New Year, New Reality—A Day of Reckoning for Borrowers and Tenants
Construction Companies Must Prepare for a Surge of Third-Party Contractors
Penn Station’s Revival Gets a $1.6 Billion Down Payment
New Mexico Architect Is Tuned Into His State
For the Betterment of the Structural Engineering Profession: A Joint CASE, NCSEA & SEI Town Hall Event
Will Insurance Cover Risks Revealed By The Pandemic?
Plans Proceed for Permanent Airport in Antarctica
Biggest U.K. Home Builder Says Housing Market Is Resilient
Owner’s Slander of Title Claim Against Contractor Recording Four Separate Mechanics Liens Fails Under the Anti-SLAPP Statute
Restaurant Wants SCOTUS to Dust Off Eleventh Circuit’s “Physical Loss” Ruling
New York Labor Laws and Action Over Exclusions
Generally, What Constitutes A Trade Secret Is A Question of Fact
More Thoughts on “Green” (the Practice, not the Color) Building
Newmeyer Dillion Announces Jason Moberly Caruso As Its Newest Partner
Injury to Employees Endorsement Eliminates Coverage for Insured Employer
Cherokee Nation Wins Summary Judgment in COVID-19 Business Interruption Claim
Illinois Legislature Enables Pre-Judgment Interest in Personal Injury Cases
Report to Congress Calls for Framework to Cut Post-Quake Recovery Time
Short on Labor, Israeli Builders Seek to Vaccinate Palestinians
DOE Abruptly Cancels $13B Cleanup Award to BWXT-Fluor Team
AB 685 and COVID-19 Workplace Exposure: New California Notice and Reporting Requirements of COVID Exposure Starting January 1, 2021
Insurance in the Construction Industry Seminar
Sharing Company Culture to Strengthen Surety Relationships
Accelerate Innovation As the Pandemic Lingers, But Keep Your Firm's Adoption Rigor
Why Finding Workers Is Getting Harder for U.S. Homebuilders
New Jersey Supreme Court Hears Insurers’ Bid to Overturn a $400M Decision
Florida Adopts Less Stringent Summary Judgment Standard
A Court-Side Seat: “Inholdings” Upheld, a Pecos Bill Come Due and Agency Actions Abound
Yet Another Reminder that Tort and Contract Don’t Mix
Newmeyer Dillion Partner Louis "Dutch" Schotemeyer Named One of Orange County's 500 Most Influential by Orange County Business Journal
2020s Most Read Construction Law Articles
Claim Against Broker Survives Motion to Dismiss
Congratulations to Haight Attorneys Selected to the 2021 Southern California Super Lawyers List
Quick Note: Discretion in Determining Prevailing Party for Purposes of Attorney’s Fees
Milwaukee's 25-Story Ascent Stacks Up as Tall Timber Role Model
Rental Assistance Program: Good News for Tenants and Possibly Landlords
EPA Can't Evade Enviro Firm's $2.7M Cleanup Site Pay Claim, US Court Says
World’s Biggest Crane Lifts Huge Steel Ring at U.K. Nuclear Site
CLFT 34th Annual Construction Law Conference
How Are Insurers And Policyholders Faring in COVID-19 Business Interruption Coverage Litigation?
Massive Omnibus Bill Has Cuts and Hikes for Construction Programs
Lennar Targets 2 Billion for Major Single-Family Rental Push
Specific Performance: Equitable Remedy to Enforce Affirmative Obligation
St. Mary & St. John Coptic Orthodox Church v. SBS Insurance Services, Inc.
Render Unto Caesar: Considerations for Returning Withheld Sums
Federal District Court Declines Invitation to Set Scope of Appraisal
The G2G Year in Review: 2020
Famed NYC Bridge’s Armor Is Focus of Suit Against French Company
Another Exception to Fraud and Contract Don’t Mix
One Shot to Get It Right: Navigating the COVID-19 Vaccine in the Workplace
First Circuit Rules Excess Insurer Must Provide Coverage for Fuel Spill
Wilke Fleury Welcomes New Civil Litigation Attorney
AECOM Out as General Contractor on $1.6B MSG Sphere in Las Vegas
Transportation Officials Make the Best of a Bumpy 2020
Three Steps to a Safer Jobsite
Suzanne Mulvihill on Panel for ALFA International’s Virtual Seminar on Commercial Lease Disputes on February 17, 2021
Federal Court Provides Soothing Comfort for Spa’s COVID-19 Business Income Claim
California Poised For Growth Despite Pandemic Impacts, Regulations
U.S. Homebuilder Confidence Eases From Record, Remains Robust
Auburn Woods Homeowners Association v. State Farm General Insurance Company
What Makes Building Ventilation Good Enough to Withstand a Pandemic?
Top 10 Insurance Cases of 2020
Commentary: How to Limit COVID-19 Related Legal Claims
The Uncertain Future of the IECC
Burden Supporting Termination for Default
Time is of the Essence, Even When the Contract Doesn’t Say So
Industry Groups Decry Jan. 6 Riot; DOT Chief Chao Steps Down in Protest
No Trial Credit in NJ Appellate Decision for Non-Settling Successive Tortfeasors – Must Demonstrate Proof of Initial Tortfeasor Negligence and Proximate Cause
Insurer's In-House Counsel's Involvement in Coverage Decision Opens Door to Discovery
The Dangers of an Unlicensed Contractor from Every Angle
Boston Construction Bands With Health Care to Fight COVID-19
Elon Musk’s Proposed Vegas Strip Transit System Advanced by City Council Vote
AI in AEC Conference 2021
Federal Court Remands COVID-19 Case Presenting Novel and Important Issues of State Insurance Law
Four Ways to Instantly Improve Communication and Safety On Construction Sites
U.S. Housing Starts Rose For a Third-Straight Month in November
No Coverage for Collapse of Building
Washington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss Context
Withholding Payment or Having Your Payment Withheld Due to Disputes on Other Projects: Know Your Rights to Offset
Latin America’s Biggest Corporate Crime Gets a Worthy Epic
Read the Property Insurance Policy to be Sure You are Complying with Post Loss Obligations
Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Not for GC’s
Viewpoint: Firms Should Begin to Analyze Lessons Learned in 2020
Roadway Contractor Owed Duty of Care to Driver Injured Outside of Construction Zone
Winter COVID-19 Relief Bill: Overview of Key Provisions
Mechanics Lien Release Bond – What Happens Now? What exactly is a Mechanics Lien and Why Might it Need to be Released?
Relief Bill's Highway Funds Could Help Construction Projects
Congress Passes, President Signs Sweeping Energy Measure In Spend Bill
The Biggest Trials Coming to Courts Around the World in 2021
ABC Convention 2021
Engineering Coverage for Social Engineering Schemes in Light of New Jersey Federal Court Opinion Finding No Errors and Omissions Coverage for Email Scam
Traps on Mandatory Vaccination Rules in the Workplace
Million-Dollar Homebuying Soars With U.S. Rich on Shopping Binge
Federal District Court Finds Coverage Barred Because of Lack of Allegations of Damage During the Policy Period and Because of Late Notice
Court of Appeals Expands Application of Construction Statute of Repose
2021 California Construction Law Update
A Court-Side Seat: Appeals and Agency Developments at the Close of 2020
Additional Dismissals of COVID Business Interruption, Civil Authority Claims
Miller Act Payment Bond Surety Bound to Arbitration Award
If I Released My California Mechanics Lien, Can I File a New Mechanics Lien on the Same Project? Will the New Mechanics Lien be Enforceable?
Thank You for 14 Consecutive Years of Legal Elite Elections
Car Crashes Through Restaurant Window. Result: Lesson in the History of Additional Insured Coverage
Insured's Claim for Cyber Coverage Rejected
Address 'Your Work' Exposure Within CPrL Policies With Faulty Workmanship Coverage
Former Trump Atlantic City Casino Set for February Implosion
Getting U.S to Zero Carbon Will Take a $2.5 Trillion Investment by 2030
AGC WebEd: The Construction Regulatory Road Ahead
How COVID-19 Has Affected Risk in the Construction Industry
How Onsite Clinics Increase Health and Safety for Construction Employees
Toll Brothers’ Home Orders Soar in Rally for Luxury Sales
Rebuilding the West: Construction Considerations After the Smoke Clears
Massachusetts Pulls Phased Trigger On Its Statute of Repose
Do Not Lose Your Mechanics Lien Right Through a Subordination Agreement
Business Risk Exclusions Bar Faulty Workmanship Claim
COVID-izing Your Construction Contract
California Precludes Surety from Asserting Pay-When-Paid Provision as Defense to Payment Bond Claim
Subcontract Should Flow Down Delay Caused by Subcontractors
The “Climate 21 Project” Prepared for the New Administration
Hunton Insurance Coverage Group Ranked in National Tier 1 by US News & World Report
Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant
Considerations in Obtaining a Mechanic’s Lien in Maryland (Don’t try this at home)
Virtual Mediation – How Do I Make It Work for Me?
Lewis Brisbois’ Houston Office Selected as a 2020 Top Workplace by the Houston Chronicle
Government Contracting & Construction Law
Wildfires Are Close to Torching the Insurance Industry in California
COVID-19’s Long-Term Changes to the Construction Industry
World’s Top Lumber Firm Sees Homebuilding Surge Going Strong
Natural Disasters’ Impact on Construction in the United States
Alaska Supreme Court Finds Insurer Owes No Independent Duty to Injured Party
Don’t Sign a Contract that Doesn’t Address Covid-19 (Or Pandemics and Epidemics)
Colorado Requires Builders to Accommodate High-Efficiency Devices in New Homes
The Coverage Fun House Mirror: When Things Are Not What They Seem
Public Works Bid Protests – Who Is Responsible? Who Is Responsive?
Contractor Haunted by “Demonized” Flooring
You Have Choices (Litigation Versus Mediation)
The Looming Housing Crisis and Limited Government Relief—An Examination of the CDC Eviction Moratorium Two Months In

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