Specified Or Designated Operations Endorsement – Limitation of Insurance Coverage
July 15, 2024 —
David Adelstein - Florida Construction Legal UpdatesYour commercial general liability (CGL) policy may contain a specified or designated operations endorsement. This does not operate as an exclusion but as a LIMITATION of coverage. The endorsement may provide that bodily injury or property damage ONLY applies to the operations or business described therein. Similarly, there may be a limitation of coverage for designated classifications or codes which has the same effect—limiting coverage to the classifications/codes listed therein. This is an important consideration, and you need to understand and watch out for such limitations of coverage. (These aren’t the only ones, but it’s important to appreciate that limitations of coverage operate to limit the coverage to which the CGL policy applies.)
The Eleventh Circuit Court of Appeal dealt with this exact issue under Alabama law (although the same analysis would apply in numerous jurisdictions). In this case, a landscaper (the insured) had a CGL policy with a specified operations endorsement that limited coverage to landscaping operations. The landscaper was hired to install an in-ground trampoline in addition to site and landscaping operations at a house. A person got hurt using the trampoline and the landscaper was sued. The CGL insurer denied coverage outright (and, thus, any duty to defend) because the complaint asserted that the injury occurred from the landscaper’s assembly and installation of the trampoline, which was not a landscaping operation. Furthermore, the Eleventh Circuit noted that the landscaper’s insurance application specified that the landscaper did not perform any recreational or playground equipment erection or construction, and the installation and assembly of a trampoline would constitute recreational or playground equipment.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
NCCER Celebrates Construction Education Programs and Products in 2024
January 07, 2025 —
The National Center for Construction Education and ResearchALACHUA, Fla., Dec. 30, 2024 (GLOBE NEWSWIRE) --
The National Center for Construction Education and Research (NCCER) released several new or updated educational products in 2024, serving its ongoing mission to provide workforce development solutions for the construction industry and impacting 330,000 people.
NCCER's newest craft training products include a new certification program, multiple curricula updates, new Spanish curriculum translations, and NCCERconnect digital courses and resources.
One of the highlights of the year was the launch of the brand-new
Construction Foreman Certification Program. Helping to fill a significant gap in formal training for frontline supervisors, the program covers critical areas of field leadership such as people management, communication, quality, safety and productivity. The Construction Foreman Certification Program is the latest offering in NCCER's Construction Leadership Series (CLS), which provides turnkey, self-paced online certification solutions for leadership development. The first title in the CLS, the
Construction Superintendent Certification Program, debuted in 2023.
About NCCER – The National Center for Construction Education and Research (NCCER) is an independent 501(c)(3) nonprofit education foundation and the leading provider of construction education for industry and career and technical education programs. With flexible workforce development and learning solutions, NCCER's programs provide consistency and quality to ensure craft professionals and learners receive industry-recognized credentials and certifications. To learn more, visit www.nccer.org.
Surprising Dismissal of False Claims Act Case Based on Appointments Clause - What Does It Mean?
October 15, 2024 —
Steven H. Lee - Lewis Brisbois NewsroomAtlanta, Ga. (October 1, 2024) - In a surprising turn of events, the U.S. District Court for the Middle District of Florida recently dismissed a False Claims Act (FCA) lawsuit brought by relator Clarissa Zafirov against Florida Medical Associates, LLC, and other defendants. U.S. District Judge Kathryn Kimball Mizelle
ruled that the FCA’s qui tam provisions, which allow private individuals to bring lawsuits on behalf of the government, violate the Constitution’s Appointments Clause.
This decision follows another unexpected ruling by U.S. District Judge Aileen Cannon in the Southern District of Florida, where the court similarly dismissed an indictment against former President Donald Trump based on the same constitutional clause.
At the heart of these rulings is the argument that FCA relators - who decide whom to sue, which legal theories to pursue, and how to proceed - exercise significant executive authority. Because they are not appointed by the President, a department head, or a court, the judges concluded that these relators hold their positions unconstitutionally. As a result, Judge Mizelle dismissed the case entirely.
Read the full story...Reprinted courtesy of
Steven H. Lee, Lewis BrisboisMr. Lee may be contacted at
Steven.Lee@lewisbrisbois.com
Meet Your Future Team Members: AI Agents
December 10, 2024 —
Aarni Heiskanen - AEC BusinessIf you’ve been following the discussion around AI, you’re familiar with the concept of AI agents.
AI agents can be understood as intelligent automation that operates independently, monitoring its environment and taking action without constant human input. Unlike traditional software requiring specific inputs to produce predictable outputs, AI agents can adapt to varying conditions and user needs.
AI agents can be based on various technologies, including Large Language Models. They can also be constructed using other AI technologies, such as rule-based systems, machine learning algorithms, and specialized models tailored to specific tasks.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Flushing Away Liability: What the Aqua Engineering Case Means for Contractors and Subcontractors
October 21, 2024 —
Heather Zipperer - Colorado Construction Litigation BlogThe recent Town of Mancos v. Aqua Engineering case is an insightful example of how well written contracts and timely legal action can make all the difference in resolving disputes between municipalities, general contractors, and subcontractors. The ruling favored Aqua Engineering; a subcontractor that played a role in a wastewater treatment facility project gone wrong. The court’s decision highlighted key legal principles, including the economic loss rule and the importance of well-structured contracts in construction disputes. Whether you are a subcontractor looking to avoid undue liability or a general contractor seeking to ensure subcontractors shoulder their fair portion of responsibility, this case offers valuable lessons for all parties involved in construction projects.
The Background: A Wastewater Project with Issues
In 2008, the Town of Mancos, Colorado, hired Souder, Miller & Associates (“SMA”) to design a new wastewater treatment facility. SMA subcontracted Aqua Engineering to help implement a specific wastewater treatment system known as the Multi-Stage Activated Biological Process (“MSABP”). However, after construction, the facility never worked as expected. For years, the Town faced ongoing issues, and despite Aqua’s involvement in attempts to fix the problems, the facility remained dysfunctional.
Read the full story...Reprinted courtesy of
Higgins, Hopkins, McLain & Roswell, LLC
Courthouse Reporter Series: Nebraska Court of Appeals Vacates Arbitration Award for Misconduct
November 18, 2024 —
Brendan J. Witry - The Dispute ResolverVacating an arbitration award is often seen as an uphill battle. Indeed, the U.S. Supreme Court has stated that “courts may only vacate an arbitrator’s decision ‘only in very unusual circumstances.’” Oxford Health Plans, LLC v. Sutter, 569 U.S. 564, 568 (2013). The Federal Arbitration Act provides limited grounds to seek the vacatur of an arbitration award. In Lund-Ross Constructors v. Duke of Omaga, LLC, ___ N.W.3d ___, 33 Neb.App.73, the Nebraska Court of Appeals found that an arbitrator’s conduct warranted the partial vacatur of the award, which granted relief to a subcontractor who filed a counterclaim after the arbitration hearing had closed.
Lund-Ross contracted with Duke of Omaha to build an apartment complex in Omaha. Lund-Ross, in turn, sub-contracted with A Raymond Plumbing. Following completion of the building, Owner withheld payment from Lund-Ross, who in turn, withheld payment from Raymond. Both Lund-Ross and Raymond filed mechanics liens and initiated suits; Raymond’s suit ultimately was dismissed for want of prosecution. Lund-Ross proceeded to arbitration with Owner, naming Raymond as a respondent. Raymond did not participate in the arbitration as a claimant at the time of the hearing.
Read the full story...Reprinted courtesy of
Brendan J. Witry, Laurie & Brennan LLPMr. Witry may be contacted at
bwitry@lauriebrennan.com
Litigation Roundup: “You Can’t Make Me Pay!”
August 19, 2024 —
Daniel Lund III - LexologyThe foregoing is an accurate statement, generally speaking, for Louisiana public entities. Statutory and constitutional provisions in Louisiana protect public entities from being forced to pay monies – including satisfying court judgments – when the monies have not been specifically allocated for the purpose. Correspondingly, there is ordinarily no means to seize public assets to satisfy judgments.
On the other hand, writs of mandamus in Louisiana – actions designed to compel a public official to undertake a ministerial duty over which the public official has no discretion – can be aimed at forcing a public official (on behalf of the public entity) to pay money.
In an inverse condemnation case, plaintiffs prevailed on the theory that a Louisiana public entity had “damaged and interfered with their use and enjoyment of their private homes and church” during a New Orleans drainage project. The plaintiffs pursued a writ of mandamus to compel payment their approximately $1.5 million judgment for damages and fees as a “ministerial duty” of the public entity. To be sure, in connection with the judgment, the public entity had not at any time specifically allocated funds for the payment.
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