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    The Fairfield, Connecticut Building Consultant Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to Fairfield's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

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    No Bad Faith in Insurer's Denial of Collapse Claim

    July 15, 2024 —
    The Tenth Circuit affirmed the district court's grant of summary judgment to the insurer on the insured's claims for collapse and bad faith. Christopher M. Wolpert Saddletree Holding, LLC v. Evanston Ins. Co., 2024 U.S. App. LEXIS 10377 (10th Cir. April 30, 2024). On May 7, 2019, Saddletree filed a claim with Evanston for damages sustained to its building which was used as a community events center. After a winter of heavy snowfall, Saddletree discovered that the building's steel support columns had buckled two or more inches and the roof had deflected downward approximately six inches. Evanston retained an engineer to inspect the building. The engineer determined that the damage was the result of the building's inadequate "design and/or construction." Evanston disclaimed coverage under the policy's exclusion for damage caused by "hidden or latent defects" or "any quality in property that causes it to damage or destroy itself." Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    'You're Talking About Lives': The New Nissan Stadium

    August 26, 2024 —
    The new Tennessee Titans sports complex rising up on the banks of the Cumberland River in Nashville is a big project no matter how you look at it. Nissan Stadium will have 60,000 seats, cover 1.85 million square feet and cost an estimated $2.1 billion. Four contractors are involved, operating under a joint venture called the Tennessee Builders Alliance: Turner Construction Co., AECOM Hunt, Polk & Associates Construction and I.C.F. Builders & Consultants. And nearly 20,000 workers will play a role over the project’s three-year timeline. The sheer size and scope of the job led Tyler White, TBA’s environmental health and safety director, to think that the project needed to approach safety on a similar scale. The result is a first-of-its-kind public-private partnership between the Tennessee Occupational Safety and Health Administration and TBA. “I thought it would be a good idea,” White says. “I know they’re stretched thin, but [we’re] very appreciate of advocating and allocating their resources.” Reprinted courtesy of Grace Austin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Corrective Action Protest Grounds for GSA Schedule Federal Construction Contractors

    September 09, 2024 —
    A contract awarded, protested, terminated, appealed, then reinstated. It’s no secret that federal construction procurements are plagued with uncertainty. From delays, constructive suspensions, compromised supply chains, the litigation-laden critical path method, and the mandate for all construction materials used in federally funded projects for infrastructure to be produced in the United States under the Build America, Buy America Act (BABAA) (to name just a few traditional and emerging favorites), just one of these issues could fill the rest of anyone’s month with substantive research. To add one more, which is entirely unique to bid protests, federal contractors–including construction contractors–listed in a General Service Administration (GSA) Schedule may have new grounds to have a contract award reinstated that was terminated by a federal agency pending a GAO decision. GAO Protest An initial GAO protest filed by Deloitte & Touche LLP (Deloitte) argued that the National Geo-Spatial Intelligence Agency (Agency) wrongfully made an award to Kearney & Company, P.C. (Kearney) when the Agency: (1) improperly evaluated quotes; and (2) failed to conduct a proper best-value tradeoff analysis. At issue was a competed task order with Kearney under a GSA FSS multiple-award contract. Before the GAO issued an opinion, however, it held an unrecorded predictive-outcome conference with Deloitte and Kearney where the only mutual consensus was the likely ineligibility of all offerors for the relevant award. The Agency subsequently elected to take corrective action, terminating Kearney’s contract award for convenience, amending the solicitation to avoid issues (including undisputed issues) addressed in the GAO protest. After the Agency adopted their corrective action, the GAO protest was dismissed as academic and moot. Read the full story...
    Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP
    Ms. Downs may be contacted at mdowns@lauriebrennan.com

    ASCE Statement on Hurricane Milton and Environmental Threats

    October 15, 2024 —
    WASHINGTON, DC. – On the heels of the tragic damage caused by Hurricane Helene throughout the Southeast, Floridians were struck by another major hurricane, Milton, less than two weeks later. Our hearts go out to those impacted again by this storm through property damage, lack of water access, power outages, or worse, loss of life, all before getting a chance to recover from Helene. Civil engineers are dedicated to protecting the public with projects that can lessen the impacts of these storms, and we are eager to help communities rebuild as quickly as possible following events like Milton and Helene. Although we do not yet know the full scope of destruction caused by Hurricane Milton, severe weather, including compound flooding events, are increasing regularly and pose a great risk to our safety and economic vitality. While so many eyes are fixated on hurricanes impacting the Southeast, wildfires are burning across several western states, including the Elk Fire in Wyoming, the largest wildfire the Bighorn National Forest has experienced in more than a century, now spanning over 75,000 acres as the region is experiencing unusually hot and dry weather and strong winds that are helping this fire to spread rapidly. The climate impacts we are accustomed to – wildfires in the West and hurricanes in the Southeast – are getting stronger, and now environmental challenges are occurring in areas we wouldn't suspect, such as Hurricane Helene striking mountain communities in Western North Carolina that have been labeled as "climate safe-havens," and Texas dealing with annual winter storms. ASCE is a leader in codes and standards development and has created an easy-to-understand toolkit for legislators and the public to learn the benefits of these up-to-date standards and determine when and how to adopt them, making our built environment more resilient to natural catastrophes. ASCE's flagship standard, ASCE/SEI 7-22, recently underwent the most significant update to its flooding chapter to ensure structures following this standard are prepared for 500-year flood events.

    FEMA Fire Management Assistance Granted for the French Fire

    July 08, 2024 —
    OAKLAND, Calif. – The Federal Emergency Management Agency's (FEMA) Region 9 Administrator authorized the use of federal funds on July 4 at 11:37 p.m. PDT / 2:37 a.m. EDT to assist the state of California to combat the French Fire burning in Mariposa County. On July 4, the state of California submitted a request for a Fire Management Assistance Grant (FMAG). At the time of the request, the fire threatened approximately 1,019 homes in and around Mariposa, CA, population 1,300. 95% of the threatened homes are primary residences and 5% are secondary residences. The fire started on July 4, 2024 and had burned more than 790 acres of State and private land. The fire was 0% contained. There are five large fires burning uncontrolled within the State. FMAGs provide federal funding for up to 75 percent of eligible firefighting costs. The Disaster Relief Fund provides allowances for FMAGs through FEMA to assist in fighting fires that threaten to become a greater incident. Eligible costs covered by FMAGs can include expenses for field camps, equipment use, materials, supplies and mobilization, and demobilization activities attributed to fighting the fire. For more information on FMAGs, visit https://www.fema.gov/assistance/public/fire-management-assistance.

    Snooze You Lose? Enforcement of Notice and Timing Provisions

    November 11, 2024 —
    Deadlines are an inescapable part of the construction industry. Bid deadlines. Submittal deadlines. Material delivery deadlines. Substantial completion. Final completion. And so, inevitably, fighting about deadlines becomes a necessary byproduct. Was the deadline really a deadline? Was the schedule slippage on the critical path? Should there be an equitable extension to the date of substantial completion? Given the amount of attention and concern conferred on deadlines, those drafting construction contracts naturally seek to clarify which deadlines really matter with the inclusion of notice and timing provisions. A contract’s change order and claims procedures are often a key friction point for those drafting and administering the contract. Should there be a requirement for prior written notice of a claim for cost/time relief? How much advance notice? Who should the request be sent to? Is a specific form of notice required? What are the consequences of failing to provide timely notice? A practitioner should pay careful attention to negotiating these terms on the front end, because rest assured, these contract provisions will garner scrutiny when a change order dispute boils over. Read the full story...
    Reprinted courtesy of Cornelius F. "Lee" Banta, Jr., Peckar & Abramson, P.C.
    Mr. Banta may be contacted at lbanta@pecklaw.com

    Navigating Construction Contracts in the Energy Sector – Insights from Sheppard Mullin’s Webinar Series

    October 01, 2024 —
    Construction contracts in the energy sector involve unique challenges and risks, particularly with respect to bonds and mechanic’s liens. Understanding how to navigate these challenges is key to protecting your projects from disputes with general contractors, subcontractors and suppliers. In our recent webinar, “Construction Contracts: Bond and Mechanic’s Lien Primer for Energy Projects,” I was joined by my Sheppard Mullin colleagues Chris Kolosov and Emily Anderson to discuss navigating common contract pitfalls and negotiation strategies to protect your interests. Here are our key takeaways.
    1. Know Local Mechanic’s Lien Laws: Mechanic’s liens are statutory and vary significantly from state to state. It is critical to understand the local laws and regulations at play in your project’s jurisdiction.
    Read the full story...
    Reprinted courtesy of Cesar Pereira, Sheppard Mullin
    Mr. Pereira may be contacted at cpereira@sheppardmullin.com

    Five Issues to Consider in Government Contracting (Or Any Contracting!)

    September 02, 2024 —
    The appeal of Appeals of – Konecranes Nuclear Equipment & Services, LLC, ASBCA 62797, 2024 WL 2
    Parties Can Agree to Anything In A Settlement Agreement………Or Can They?

    The OFCCP’s November 2019 Updated Technical Assistance Guide: What Every Federal Construction Contractor Should Know

    Navigating the New Landscape: How AB 12 and SB 567 Impact Landlords and Tenants in California

    Fla. Researchers Probe 'Mother of All Sinkholes'

    Harmon Towers Demolition Still Uncertain

    Even Where Fraud and Contract Mix, Be Careful With Timing

    Weyerhaeuser Leaving Home Building Business

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

    Napa Quake, Flooding Cost $4 Billion in U.S. in August

    What are the Potential Damages when a House is a Lemon?

    Jobsite Safety Should Be Every Contractors' Priority

    Fifth Circuit Requires Causal Distinction for Ensuing Loss Exceptio
    New Jersey Supreme Court Issue Important Decision for Homeowners and Contractors

    Traub Lieberman Partner Jonathan Harwood Obtains Summary Judgment Determining Insurer Has No Duty to Defend or Indemnify

    Project-Specific Commercial General Liability Insurance

    2021 2Q Cost Report: Industry Execs Believe Recovery Is in Full Swing

    Court Dismisses Coverage Action In Lieu of Pending State Case

    Randy Okland Honored as 2019 Intermountain Legacy Award Winner

    Three Kahana Feld Attorneys Recognized in The Best Lawyers in America® 2025

    Warranty Reform Legislation for Condominiums – Unfair Practices used by Developers and Builders to avoid Warranty Responsibility for Construction Defects in Newly Constructed Condominiums

    Anatomy of an Indemnity Provision

    $17B Agreement Streamlines Disney World Development Plans

    How Robotics Can Improve Construction and Demolition Waste Sorting

    Court Orders City to Pay for Sewer Backups

    Sometimes You Just Need to Call it a Day: Court Finds That Contractor Not Entitled to Recover Costs After Public Works Contract is Invalidated

    Los Angeles Is Building a Future Where Water Won’t Run Out

    Skyline Cockpit’s Game-Changing Tower Crane Teleoperation

    The Future of Pandemic Coverage for Real Estate Owners and Developers

    How Berlin’s Futuristic Airport Became a $6 Billion Embarrassment

    School System Settles Design Defect Suit for $5.2Million

    Drone Operation in a Construction Zone

    Construction Contract Basics: Indemnity

    New Nafta Could Settle Canada-U.S. Lumber War, Resolute CEO Says

    Coverage Rejected Under Owned Property and Alienated Property Exclusions

    Excess Carrier's Declaratory Judgment Action Stayed While Underlying Case Still Pending

    Loss Caused by Theft, Continuous Water Discharge Not Covered

    SAFETY Act Part II: Levels of Protection

    A Survey of New Texas Environmental and Regulatory Laws Enacted in the 88th Session (Updated)

    Building a Case: Document Management for Construction Litigation

    Blindly Relying on Public Adjuster or Loss Consultant’s False Estimate Can Play Out Badly

    New York’s Highest Court Reverses Lower Court Ruling That Imposed Erroneous Timeliness Requirement For Disclaimers of Coverage

    Real Estate & Construction News Roundup (8/21/24) – REITs Show Their Strength, Energy Prices Increase Construction Costs and CRE Struggles to Keep Pace

    Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

    Tarriffs, a Pandemic and War: Construction Contracts Must Withstand the Unforeseeable

    California Ranks As Leading State for Green Building in 2022

    Apprentices on Public Works Projects: Sometimes it’s Not What You Do But Who You Do the Work For That Counts

    Hydrogen Powers Its Way from Proof of Concept to Reality in Real Estate

    U.S. Department of Justice Settles against Days Inn

    Department Of Labor Recovers $724K In Back Wages, Damages For 255 Workers After Phoenix Contractor Denied Overtime Pay, Falsified Records

    Commonwealth Court Holds That Award of Attorney's Fees and Penalties is Mandatory Under the Procurement Code Upon a Finding of Bad Faith

    Ensuring Arbitration in Construction Defect Claims

    Motion to Dismiss Denied Regarding Insureds' Claim For Collapse

    Is Equipment Installed as Part of Building Renovations a “Product” or “Construction”?

    You May Be Able to Dodge a Bullet, But Not a Gatling Gun

    “It Just Didn’t Add Up!”

    Providing “Labor” Under the Miller Act

    An Additional Insured’s Reasonable Expectations may be Different from the Named Insured’s and Must be Considered to Determine whether the Additional Insured is Entitled to Defense from the Insurer of a Commercial Excess & Umbrella Liability Policy

    Three Key Takeaways from Recent Hotel Website ADA Litigation

    Terms of Your Teaming Agreement Matter

    ALERT: COVID-19 / Coronavirus-Related Ransomware and Phishing Attacks

    Vegas Hi-Rise Not Earthquake Safe

    Courthouse Reporter Series - How to Avoid Having Your COVID-19 Expert Stricken