New York’s Highest Court Weighs in on N.Y. Labor Law
September 23, 2024 —
Bill Wilson - Construction Law ZoneN.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction site and establishes a violation of a specific and applicable Industrial Code regulation, both the owner and contractor will be held vicariously liable for the worker’s injury, without regard to their fault and even in the absence of control or supervision of the worksite. The Court of Appeals of New York recently addressed the broad scope of the Labor Law in the context of slipping hazards.
In Bazdaric v. Almah Partners, LLC, 41 N.Y.3d 310 (2024), the plaintiff, an injured painter, slipped and fell on a plastic covering placed over an escalator in an area he was assigned to paint. The plaintiff claimed that the plastic covering was a foreign substance for purposes of Industrial Code 12 NYCRR 23-1.7(d) because it was not part of the escalator. Industrial Code 12 NYCRR 23-1.7(d) states:
Slipping hazards. Employers shall not suffer or permit any employee to use a floor, passageway, walkway, scaffold, platform or other elevated working surface which is in a slippery condition. Ice, snow, water, grease and any other foreign substance which may cause slippery footing shall be removed, sanded or covered to provide safe footing.
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Bill Wilson, Robinson & Cole LLPMr. Wilson may be contacted at
wwilson@rc.com
Ensuing Loss Provision Salvages Coverage for Water Damage Claim
September 16, 2024 —
Tred R. Eyerly - Insurance Law HawaiiThe Court of Appeals for the D.C. Circuit reversed the district court's finding of no coverage and found that the ensuing loss provision provided coverage for water damage. 3524 East Cap Venture, LLC, et al. v. Weschester Fire Ins. Co., et al., 104 F. 4th 193 (D.C. Cir. 2024).
Plaintiff 3534 East Cap Venture, LLC, a real-estate developer, hired plaintiff McCullough Construction, LLC, to build a residential and retail complex. Defendants Westchester Fire Insurance Company and Endurance American Insurance Company issued identical builders' risk policies, which covered the building while it was under construction. Each insurer was responsible for half of any qualifying losses.
The policies covered loss caused by or resulting from water damage. The policies, however, excluded loss caused by "dampness of atmosphere" or by "[e]xtremes or changes in temperature." But the exclusions contained an exception if "loss by an insured peril ensues."
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Climate Disasters Are an Affordable Housing Problem
October 01, 2024 —
Juan Pablo Garnham & Arjuna Heim - BloombergWhen Maui was devastated by wildfires in August 2023, some residents were initially fortunate. The neighborhood of Makawao, for example, was spared the worst effects of the fire that engulfed Lahaina, 35 miles to the west.
Recently, though, we met a woman in that neighborhood who faces a different kind of threat: Her landlord has now demanded that she pay double her rent or face eviction. As housing advocates in the region, we’ve heard stories like this repeatedly, as residents report an acute fear of displacement and homelessness.
A year after the fires killed more than 100 people, displaced 12,000 and disrupted the economy of the island, the disaster lingers for many in Maui and Hawai'i. Rents across the island have increased sharply, offering a cautionary tale for the rest of the US about how climate change, a housing crisis and the lack of adequate public policies can multiply the suffering of a community already in pain.
Read the full story...Reprinted courtesy of
Bloomberg
AI AEC Show: Augmenta Gives Designers Superpowers
December 31, 2024 —
Aarni Heiskanen - AEC BusinessIn
this episode of the AI AEC Show, host
Aarni Heiskanen interviews
Aaron Szymanski and
Francesco Iorio, the visionary founders of
Augmenta, to explore how generative AI is revolutionizing design. Augmenta’s platform gives designers superpowers by automating complex workflows, doubling productivity, and enabling better, faster decision-making.
Discover the fascinating origin story of Augmenta, born from the intersection of industrial design frustration and cutting-edge AI research.
Aaron and Francesco share how their backgrounds in manufacturing, design, and technology led them to tackle inefficiencies in the construction industry—starting with electrical raceway design. They reveal how their AI-powered tools save time and optimize designs for cost, sustainability, and constructability.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Meet the Forum's Neutrals: TOM DUNN
October 21, 2024 —
Marissa L. Downs - The Dispute ResolverCompany: Pierce Atwood LLP
Office Location: Boston, MA
Licensed in: Massachusetts, Rhode Island, California (inactive)
Email: rtdunn@pierceatwood.com
Website: https://www.pierceatwood.com/people/r-thomas-dunn
Law School: McGeorge School of Law (2004 JD)
Types of ADR services offered: Arbitration
Affiliated ADR organizations: American Arbitration Association
Geographic area served: Massachusetts, Rhode Island, and New England
Q: Describe the path you took to becoming an ADR neutral.
A: Arbitration and alternative forms to avoid and resolve disputes has interested me since law school. Serving as an arbitrator is rewarding both as a neutral helping people close out disputes, but also as an advocate as it reminds me about how best to communicate with the fact finder.
Read the full story...Reprinted courtesy of
Marissa L. Downs, Laurie & Brennan, LLPMs. Downs may be contacted at
mdowns@lauriebrennan.com
Navigating Construction Contracts in the Energy Sector – Insights from Sheppard Mullin’s Webinar Series
October 01, 2024 —
Cesar Pereira - Sheppard MullinConstruction 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.
- 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.
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Cesar Pereira, Sheppard MullinMr. Pereira may be contacted at
cpereira@sheppardmullin.com
Real Estate & Construction News Roundup (7/31/24) – International Homebuying Shrinks Commercial Real Estate Focus on Sustainability, and U.S. Banks Boost Provisions for Credit Losses
September 09, 2024 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, mortgage rates drop to lowest levels since March, hotel construction activity highest since February 2023, Biden administration calls for legislation regarding property owners, and more!
- International buyers bought 54,300 existing homes from April 2023 to March 2024 – a 36% drop from the year before. (Diana Olick, CNBC)
- The Biden administration called on Congress to pass legislation penalizing property owners for rent increases above a certain level as part of its plan to lower housing costs through a series of administrative actions. (Mary Salmonsen, Multifamily Dive)
- U.S. banks have boosted their provisions for credit losses as deteriorating commercial real estate (CRE) loans and high interest rates fuel fears of defaults. (Manya Saini, Niket Nishant and Matt Tracy, Reuters)
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
“It Just Didn’t Add Up!”
November 05, 2024 —
Daniel Lund III - LexologyOverturning arbitration awards in court is difficult. One of the few bases for a challenge to an award (under the Federal Arbitration Act, 9 U.S.C. 10(a)(4), as well as most state arbitration laws) is where the arbitrator is alleged to have “exceeded [his/her] powers” afforded the arbitrator by whatever rules and agreements are in place for the arbitration. Obviously, this places a burden on the arbitrator to “color within the lines” when serving as arbitrator and issuing rulings in the case.
“After extensive discovery and a 10-day hearing, the Tribunal rendered a 142-page” award, whereupon the parties both sought to have the arbitrators correct what the parties agreed was an error in the award – increasing the award by $47,710. One of the parties, however, went further, urging that the arbitrators “erroneously included damages for claims related to production revenue” that occurred before a certain date. According to the court, that party was urging that “the Tribunal erred by factoring into its award damages related to Claims 2 and 3, which the Tribunal never substantially addressed.”
Read the full story...Reprinted courtesy
Architect Norman Foster T
Undercover Sting Nabs Eleven Illegal Contractors in California
“It Just Didn’t Add Up!”
Georgia State and Local Governments Receive Expanded Authority for Conservation Projects
So You Want to Arbitrate? Better Make Sure Your Contract Covers All Bases
West Virginia Couple Claim Defects in Manufactured Home
South Carolina Clarifies the Accrual Date for Its Statute of Repose
UPDATE: ACS Obtains Additional $13.6 Million for General Contractor Client After $19.2 Million Jury Trial Victory
Eleventh Circuit Finds No Coverage for Faulty Workmanship Claims
August Home Prices in 20 U.S. Cities Appreciate at Faster Pace
Holding the Bag for Pre-Tender Defense Costs
No Coverage Under Property Policy With Other Insurance and Loss Payment Provisions
City in Ohio Sues Over Alleged Roof Defects
Granting of Lodestar Multiplier in Coverage Case Affirmed
New Jersey Law Firm Sued for Malpractice in Construction Defect Litigation
When a Request for Equitable Adjustment Should Be Treated as a Claim Under the Contract Disputes Act
The U.S. Tenth Circuit Court of Appeals Rules on Greystone
You’ve Been Suspended – Were You Ready?
High School Gym Closed by Construction Defects
Eighth Circuit Affirms Judgment for Bad Faith after Insured's Home Destroyed by Fire
Need to Cover Yourself for “Crisis” Changes on a Job Site? Try These Tips (guest post)
Building Inspector Jailed for Taking Bribes
The Show Must Go On: Navigating Arbitration in the Wake of the COVID-19 Outbreak
Connecticut Gets Medieval All Over Construction Defects
Panel Declares Colorado Construction Defect Laws Reason for Lack of Multifamily Developments
Construction Defect Journal Seeks Article Submissions Regarding SB800 and Other Builders Right to Repair Laws
Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act
A Trivial Case
The Importance of the Subcontractor Exception to the “Your Work” Exclusion
Blackstone Suffers Court Setback in Irish Real Estate Drama
KF-103 v. American Family Mutual Insurance: An Exception to the Four Corners Rule
New OSHA Vaccination Requirements For Employers With 100 Or More Employees (And Additional Advice for California Employers)
Schools Remain Top Priority in Carolinas as Cleanup From Storms Continues
Third Circuit Holds No Coverage for Faulty Workmanship Despite Insured’s Expectations
Apprentices on Public Works Projects: Sometimes it’s Not What You Do But Who You Do the Work For That Counts
Pennsylvania Mechanics’ Lien “Waivers” and “Releases”: What’s the Difference?
HHMR Celebrates 20 Years of Service!
Michigan Claims Engineers’ Errors Prolonged Corrosion
Time to Reform Construction Defect Law in Nevada
Don’t Kick the Claim Until the End of the Project: Timely Give Notice and Preserve Your Claims on Construction Projects
Fracking Fears Grow as Oklahoma Hit by More Earthquakes Than California
Fewer NYC Construction Deaths as Safety Law Awaits Governor's Signature
Sixth Circuit Holds that Some Official Actions Taken in the “Flint Water Crisis” Could Be Constitutional Due Process Violations
BHA Expands Construction Experts Group
Safety, Compliance and Productivity on the Jobsite
ASCE Joins White House Summit on Building Climate-Resilient Communities
Electronic Signatures On Contracts: Are They Truly Compliant?
Key Legal Issues to Consider Before and After Natural Disasters
Arctic Roads and Runways Face the Prospect of Rapid Decline
Second Circuit Court Differentiates the Standard for Determining Evident Partiality for a Neutral Arbitrator and a Party-Appointed Arbitrator
Court of Appeal Puts the “Equity” in Equitable Subrogation
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