Immigrants' Legal Status Eyed Over Roles in New York Fake Injury Lawsuits
January 07, 2025 —
Richard Korman - Engineering News-RecordEdison Fernando Pesantez Ramon says that early on the morning of Sept. 29, 2021, while working on a building renovation project on 96th Street in Manhattan, he tripped and fell badly on a staircase.
Read the full story...Reprinted courtesy of
Richard Korman, ENRMr. Korman may be contacted at
kormanr@enr.com
Hard to Believe It, Construction Law Musings is 16
January 07, 2025 —
Christopher G. Hill - Construction Law MusingsOn this date back in 2008 (wow, that seems so long ago), I began Construction Law Musings on the Blogger platform with a brief announcement. Little did I know that this corner of the internet (or is it Blawgosphere?) would still be around in 2024!
In the time since I made that short entry 16 years ago (I know, I can’t believe it either), I’ve met several construction lawyers here in Virginia who refer to me as the “blog guy.” To be recognized for the work I do here at Construction Law Musings, something that benefits me (and I hope the readers), and which I do for the fun of it, is an honor.
The blog has since taken on a life of its own in many respects, allowing me to meet some of the great construction pros who have provided a guest post or two for Musings and added their different perspectives. Musings also kept me up on at least most of the trends in Virginia construction law by making me post consistently (though sometimes less consistently than others). Now, around 975 posts and 16 years later, I find it hard to believe that so much time has passed and effort has been put into what started on a whim and the plan that I’d post thoughts on the legal landscape and construction from the perspective of a Virginia construction lawyer.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
The Legal 500 U.S. 2024 Guide Names Peckar & Abramson a Top Tier Firm in Construction Law and Recognizes Nine Attorneys
July 15, 2024 —
Peckar & Abramson, P.C.Peckar & Abramson, P.C. (P&A) is pleased to announce
The Legal 500 United States has once again ranked P&A as a Tier One firm in construction law. The publication also recognized nine P&A construction lawyers in its directory for their contributions in the United States:
P&A is proud to be recognized each year by several legal ratings services, including our Tier 1 ratings by Chambers both nationally and in a number of jurisdictions around the country. Steven M. Charney commented, “Receiving this prestigious recognition by Legal 500 signifies the exceptional caliber of our team, their unwavering commitment to delivering unparalleled legal solutions, and their ability to navigate complex challenges. We are dedicated to providing our clients with the highest level of service and are proud to be recognized as leaders in the field of construction law.”
Read the full story...Reprinted courtesy of
Peckar & Abramson, P.C.
Changes to the Federal Rules – 2024
November 18, 2024 —
William L. Doerler - The Subrogation StrategistUnless Congress moves quickly, several amendments to the Federal Rules of Civil Procedure and Evidence will take effect December 1, 2024. Below is a brief description of the amendments.
Rules of Evidence
Rule 107 is a new rule. This rule addresses illustrative aids, stating that, if such aid helps the trier of fact to understand the evidence or an argument, a party may use the aid if its utility is not substantially outweighed by the danger of, among other things, unfair prejudice. As noted under the discussion of Rule 1006, below, an illustrative aid - offered only to help the trier of fact understand the evidence - is generally not admissible into evidence.
Rule 613 currently states that extrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and the adverse party is given an opportunity to examine the witness about it, or if justice so requires. As amended, the court has the discretion to forego this requirement.
Read the full story...Reprinted courtesy of
William L. Doerler, White and Williams LLPMr. Doerler may be contacted at
doerlerw@whiteandwilliams.com
Crisis Averted! Pennsylvania Supreme Court Joins Other Courts in Finding that Covid-19 Presents No Physical Loss or Damage for Businesses
October 21, 2024 —
Edward M. Koch & Marc L. Penchansky - White and Williams LLPSeeking to find some relief from business losses experienced during the COVID-19 pandemic, many businesses turned to their property insurers for coverage for their lost income. A clear national trend emerged among courts deciding the issue, as most businesses could not establish coverage because they had not experienced a “direct physical loss of or damage to their covered property” as required by most policies.
While this legal question may have become an afterthought for many attorneys, the question remained an open one in Pennsylvania while the Pennsylvania Supreme Court considered two contradictory holdings issued in the Superior Court on this topic. Compare Macmiles, LLC v. Erie Ins. Exch., 286 A.3d 331 (Pa. Super. 2022) (holding there was no coverage for loss of use of a commercial property unaccompanied by any physical alteration or other physical condition that rendered the property unusable or uninhabitable) with Ungarean v. CNA, 286 A.3d 353 (Pa. Super. 2022) (holding that the policy at issue was ambiguous and therefore the policy covered the insured for COVID-related business losses). Last week, the Supreme Court considered the Superior Court’s holdings in Macmiles and Ungarean and held, at long last, that COVID-19 did not cause a direct physical loss of or damage to covered property.
Reprinted courtesy of
Edward M. Koch, White and Williams LLP and
Marc L. Penchansky, White and Williams LLP
Mr. Koch may be contacted at koche@whiteandwilliams.com
Mr. Penchansky may be contacted at penchanskym@whiteandwilliams.com
Read the full story...
Word of the Day: “Contractor”
September 16, 2024 —
Garret Murai - California Construction Law BlogWhat’s in a word? When it comes to insurance policies, a word, can potentially mean millions of dollars.
In
California Specialty Insulation, Inc. v. Allied World Surplus Lines Insurance Company, 102 Cal.App.5th 1 (2024), an insured and its insurer battled it out over the word “contractor,” and whether an exclusion from coverage of bodily injury to any employee or temporary worker “of any contractor or subcontractor,” excluded a personal injury claim brought by an employee of a general contractor against a subcontractor.
The California Specialty Contractor Case
In 2017, Air Control Systems, Inc. (“Air Control”) was contracted to perform improvements at a building in Los Angeles, California. Air Control in turn subcontracted with California Specialty Insulation, Inc. (“CSI”) to install duct insulation on the project.
During construction, an employee of Air Control was injured when he fell 16 to 20 feet from a ladder that was struck by a scissor lift driven by an employee of CSI. Approximately two years later the Air Control employee filed a personal injury lawsuit against CSI.
Read the full story...Reprinted courtesy of
Garret Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
Another Reminder that Your Construction Contract is Only as Good as Those Signing It
December 17, 2024 —
Christopher G. Hill - Construction Law MusingsHere at Construction Law Musings, we beat the constant drum that “
the contract is king” and “draft a
good and well-worded construction contract” consistently. As a
Virginia construction attorney, I stand by these statements and fully endorse a well-written construction contract. Such a contract will set expectations and
provide the rules for your deal (particularly in the commercial context). Without this solid foundation (yes, I see the potential construction pun), when
there are issues on the job site, there will be no baseline for how to resolve those issues.
That said, I am also reminded on an almost daily basis that humans interact with these contracts. People negotiate the contracts and are the main forces that drive the success (or failure) of the construction project. Money is involved (often a lot of it) and there can at times be temptations to try and squeeze one last dollar out of the job despite what the contract says. Even the strongest contract cannot act as real-time protection against one party that refuses to comply with the contract and its performance or payment terms.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
There Are Consequences to Executed Documents Such as the Accord and Satisfaction Defense
October 01, 2024 —
David Adelstein - Florida Construction Legal UpdatesA federal government contractor in Jackson Construction Co., Inc. v. U.S., 62 Fed.Cl. 84 (Fed.Cl. 2024) sought delay damages against the government. It lost. The reason for the loss is a crucial reminder that documents parties sign ALWAYS matter. ALWAYS!!
In Jackson Construction Co., the contractor’s delay claim was premised on relocating a waterline. The contractor, however, received additional money for relocating the waterline, but no additional time, and this was memorialized in a modification to the contract (i.e., a change order). In executing the modification for the additional work, the contractor did NOT reserve rights for time or money. Indeed, the modification reflected that the monetary adjustment constitutes full compensation for the additional work including delay, namely:
The contract period of performance remains the same. It is further understood and agreed that this adjustment constitutes compensation in full on behalf of the contractor and his subcontractors and suppliers for all costs and markup directly or indirectly, including extended overhead, attributable to the change order, for all delays related thereto, and for performance of the change within the time frame stated.
Jackson Construction Co., supra, at 90.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorri
Staying the Course, Texas Supreme Court Rejects Insurer’s Argument for Exception to Eight-Corners Rule in Determining Duty to DefendHouse Committee Kills Colorado's 2015 Attainable Housing BillOhio Condo Owners Sue Builder, Alleging Construction DefectsWhite and Williams Announces Partner and Counsel PromotionsPayment Bond Claim Notice Requires More than MailingHome Prices on the RiseU.S. Supreme Court Halts Enforcement of the OSHA Vaccine or Test MandateCaltrans to Speak before California Senate regarding Bay Bridge ExpansionHome Buyers will Pay More for SolarEnsuing Loss Provision Salvages Coverage for Water Damage ClaimCarroll Brock of Larchmont Homes Dies at Age 88NAHB Examines Single-Family Detached Concentration StatisticsFailure to Comply with Contract Leaves No Additional Insured CoverageRecent Bribery and Anti-Corruption Enforcement Trends in Global Construction IndustryNerves of Steel Needed as Firms Face Volatile Prices, Broken Contracts and Price-GougingNew York Supreme Court Building Opening Delayed AgainZero-Energy Commercial Buildings Increase as Contractors Focus on SustainabilityTropical Storms Pile Up Back-to-Back-to-Back Out WestCertificates of Merit: Is Your Texas Certificate Sufficient?First Circuit Rejects Insurer’s “Insupportable” Duty-to-Cooperate Defense in Arson Coverage SuitInfrared Photography Illuminates Construction Defects and Patent TrollingSales of Existing U.S. Homes Decrease on Fewer InvestorsClean Energy and Conservation Collide in California Coastal WatersRun Spot...Run!Colorado Passes Construction Defect Reform BillNew York’s Lawsky Proposes Changes to Reduce Home ForeclosuresNew Spending Measure Has Big Potential Infrastructure BoostLakewood First City in Colorado to Pass Ordinance Limiting State Construction Defect LawCongratulations to Haight Attorneys Selected to the 2020 Southern California Super Lawyers ListLawmakers Strike Deal on New $38B WRDAInsurers' Motion to Knock Out Bad Faith, Negligent Misrepresentation Claims in Construction Defect Case DeniedSureties and Bond Producers May Be Liable For a Contractor’s False Claims Action ViolationDo Hurricane-Prone Coastal States Need to Update their Building Codes?Boston’s Tunnel Project Plagued by Water“Unwinnable”: Newark Trial Team Obtains Unanimous “No Cause” Verdict in Challenging Matter on Behalf of NYC Mutual Housing AssociationContractor Removed from Site for Lack of InsuranceSettlement Conference May Not Be the End in Construction Defect CaseConstruction Litigation Roundup: “That’s Not How I Read It”Three Reasons Lean Construction Principles Are Still ValidColorado House Bill 1279 Stalls over 120-day Unit Owner Election PeriodQuarter Four a Good One for Luxury HomebuilderClaim Against Broker for Failure to Procure Adequate Coverage Survives Summary JudgmentHow Mushrooms Can Be Used To Make Particle Board Less ToxicSewage Flowing in London’s River Thames Draws Green Bond DemandGeneral Contractor’s Intentionally False Certifications Bar It From Any Recovery From OwnerAvoiding Wage Claims in California ConstructionFrom Singapore to Rio Green Buildings Keep Tropical Tenants CoolConstruction Termination Part 3: When the Contractor Is Firing the OwnerKeep It Simple: Summarize (Voluminous Evidence, That Is...) Sinking S.F. Tower Prompts More Lawsuitsname">Year and a Half Old Las Vegas VA Emergency Room Gets Rebuilt
Federal Court Ruling Bolsters the “Your Work” Exclusion in Standard CGL PoliciesEconomic Damages and the Right to Repair Act: You Can’t Have it Both Ways 
