Chicago Cubs Agree to Make Wrigley Field ADA Improvements to Settle Feds' Lawsuit
December 03, 2024 —
James Leggate - Engineering News-RecordMajor League Baseball’s Chicago Cubs have entered into a settlement with the U.S. Dept. of Justice over renovations to Wrigley Field, federal and Cubs officials announced Oct. 31. As part of the settlement, the team agreed to update Wrigley Field with more accessibility options for people with disabilities.
Read the full story...Reprinted courtesy of
James Leggate, ENRMr. Leggate may be contacted at
leggatej@enr.com
More Musings on Why I Mediate
November 18, 2024 —
Christopher G. Hill - Construction Law MusingsWhew! I’m back. And yes, I know it’s been a while (it has been a busy year, both personally and professionally). Hopefully, this will be the first of at least a few more consistent posts here at Construction Law Musings. Now, on with the post:
Over the last few weeks, I’ve had a surge in mediation, both in my capacity as a mediator and as counsel for construction industry clients. These recent events have reaffirmed what I have always believed to be true, namely that no construction case is impossible to settle and avoid the cost and expense of litigation. I was also reminded of why I became a certified mediator and of the satisfaction that I get from helping individuals and construction companies find a business solution and closure.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Owners and Contractors are Liable for Injuries Caused by their Independent Contractors under the “Peculiar Risk Doctrine”
October 15, 2024 —
William L. Porter - Porter Law GroupMany contractors and owners believe that if they hire an independent contractor to perform work and that independent contractor causes injury to others during the performance of that work, then it is the independent contractor alone who will be liable for those injuries. In most circumstances, this is correct. The owner or the contractor will not be held liable for injuries caused by his or her independent contractor. However, this is not always the case.
Under the “Peculiar Risk Doctrine” and California cases interpreting the doctrine, a contractor or owner who hires an independent contractor to do work which is considered to be “inherently dangerous work” can be still be held directly liable for damages when that independent contractor causes injury to others by negligently performing the work.
Such liability can generally be imposed on the one hiring the independent contractor under either of two branches of the peculiar risk doctrine. First, where a person hires an independent contractor to do inherently dangerous work, but fails to provide in the contract or in some other manner that special precautions must be taken to avert the peculiar risk of injury related to that work, then the one hiring the independent contractor can be held liable for injuries to others caused by the independent contractor’s negligence. (Restatement Second of Torts Section 413). For example, in Mackey v. Campbell Construction Co. 101 Cal. App. 3d 774, 162 Cal. Rptr. 64 (1980), Western Electric Company, the owner of the project, was found liable for the personal injuries of a subcontractor’s employee because Western’s representatives were on the job at all times, had doubts about the safety of scaffolding being used on the project, yet failed to require use of precautions that could have been taken to avoid injury.
Read the full story...Reprinted courtesy of
William L. Porter, Porter Law GroupMr. Porter may be contacted at
bporter@porterlaw.com
Fee Simple!
November 11, 2024 —
Daniel Lund III - LexologyFollowing the grant of summary judgment by a Nebraska federal court on a construction claim, the prevailing subcontractor sought recovery of attorney’s fees, but received pushback from its opponent based upon the Federal Rules of Civil Procedure.
The general contractor urged “that attorney’s fees are ‘special damages’ that must be specifically pleaded within a complaint under Federal Rule of Civil Procedure 9(g).” The GC said that a prayer for “a judgment for… costs, interest, and attorney’s fees be entered” – without further asserting a statutory or factual basis for the recovery – is insufficient. The subcontractor shot back that “it complied with the requirements of Rule 9(g) because its prayer for relief expressly referenced attorney’s fees, and the request for such fees was based on the facts asserted in the pleadings themselves.”
Read the full story...Reprinted courtesy of
Daniel Lund III, PhelpsMr. Lund may be contacted at
daniel.lund@phelps.com
"On Second Thought"
October 28, 2024 —
Daniel Lund III - LexologyRehearing requests are seldom granted by courts, and when they are, there’s usually something uniquely compelling in the request and the granting.
So is the case in a matter involving monies deposited in the registry of the federal court in New Orleans related to work performed on cleanup after Hurricanes Maria and Irma in the U.S. Virgin Islands. The party depositing monies – which represented subcontract sums paid to it by the general contractor – held back several hundred thousand dollars based on withholding provisions in the various contracts in play. The Court was tasked with evaluating not only a pay-when-paid provision in the subcontract of the claiming party, but also incorporation of the terms of a higher tiered contract which allowed for the withholding.
The Court initially granted summary judgment allowing the monies to be withheld. However, on request for rehearing, it was pointed up that while monies could be retained for purposes of covering attorney’s fees and costs related to litigation initiated by the plaintiff subcontractor’s vendors, there was a particular process for that withholding – and an assertion that the process was not followed.
Read the full story...Reprinted courtesy of
Daniel Lund III, PhelpsMr. Lund may be contacted at
daniel.lund@phelps.com
Amazon Can be Liable in Louisiana
August 05, 2024 —
Michael J. Ciamaichelo - The Subrogation StrategistIn June 2024, the Supreme Court of Louisiana held that: (1) Amazon can be considered a “seller” of defective products sold by third parties on its website; and (2) Amazon can be liable under a theory of negligent undertaking for third-party products. In Pickard v. Amazon.com, Inc., No. 2023-CQ-01596, 2024 La. LEXIS 1112, a Louisiana man, Archie Pickard, died from burns sustained in a house fire allegedly caused by a defective battery charger purchased on Amazon from a third-party seller located in China. Mr. Pickard’s family filed a lawsuit against Amazon in the United States District Court for the Western District of Louisiana alleging claims under the Louisiana Products Liability Act (LPLA) and for negligent undertaking. Amazon filed a motion for summary judgment, which prompted the federal court to certify questions to the Supreme Court of Louisiana regarding these two claims.
Amazon Can be a “Seller” Under the Louisiana Products Liability Act
Amazon does not neatly fit within the definition of “seller” under the LPLA because the LPLA was drafted in 1988, before the internet existed. The LPLA defines a “seller” as a person or entity (who is not the manufacturer) who conveys title or possession of the product to another for something of value. La R.S. 9.2800.53(s) (emphasis added). The Supreme Court of Louisiana determined that Amazon was a “seller” because it conveyed “possession” of the charger to Mr. Pickard through the “Fulfillment by Amazon” (FBA) program, which provides storage, delivery, customer service, and returns of third-party products sold on Amazon. Most products on Amazon are sold by third parties, rather than Amazon. Many third-party sellers are small or medium-size companies, and some are individuals seeking to make supplemental income. Amazon offers the FBA program to handle storage and logistics to third-party sellers. When a product is sold through the FBA program, the seller sends the product to Amazon’s warehouses, where it is stored until it is purchased. When an FBA-product is purchased, Amazon collects payment, delivers the product (often in an Amazon van), and handles the potential return of the product. The Supreme Court of Louisiana determined that Amazon was a “seller” of the battery charger even though Amazon did not pass title to Mr. Pickard because: (1) Amazon had physical custody of the charger while stored in the warehouse; and (2) Amazon controlled the transaction and logistics through its FBA program.
Read the full story...Reprinted courtesy of
Michael J. Ciamaichelo, White and WilliamsMr. Ciamaichelo may be contacted at
ciamaichelom@whiteandwilliams.com
Best Lawyers® Recognizes 49 White and Williams Attorneys
September 16, 2024 —
White and Williams LLPThirty-eight White and Williams lawyers were recognized in Best Lawyers in America® 2025. Inclusion in Best Lawyers® is based entirely on peer-review. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers® employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of quality legal services.
In addition, eleven lawyers were recognized as Best Lawyers: Ones to Watch® in America. This recognition is given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States.
The firm is also pleased to announce Best Lawyers® has recognized three attorneys as "Lawyer of the Year” including: Chuck Eppolito, Litigation - Health Care, Philadelphia, who focuses his practice on medical malpractice defense as well as other insurance-related defense; William D. Kennedy, Litigation – Insurance, Philadelphia, who focuses his practice on complex claims of injury and damage arising in both the professional and general liability contexts; and, Michael O. Kassak, Litigation – Insurance, Cherry Hill, who focuses his practice on large complex commercial matters including insurance coverage and healthcare disputes.
Read the full story...Reprinted courtesy of
White and Williams LLP
Five Issues to Consider in Government Contracting (Or Any Contracting!)
September 02, 2024 —
David Adelstein - Florida Construction Legal UpdatesThe appeal of Appeals of – Konecranes Nuclear Equipment & Services, LLC, ASBCA 62797, 2024 WL 2698011 (May 7, 2024) raises interesting, but important, issues that should be considered. In this case, the government (in a supply contract) procured four portal cranes from the claimant. After an initial test of one of the cranes failed, the government refused to accept delivery even after the issue was addressed by the claimant. The government did not accept the manner in which the claimant addressed the issue and would only accept cranes if the claimant employed “an unnecessary alternative solution [that] caused further delay and increased [claimant’s] costs.” On appeal, it was determined the government’s decision to delay delivery based on its demand for the alternative solution was not justified, i.e., constituted a breach of contract. Below are five issues of consideration in government contracting, or, for that matter, any contracting.
Issue #1- Patently Ambiguous Specifications
The government argued that the specifications were patently ambiguous and because the claimant failed to inquire regarding the ambiguous specifications prior to performance, its interpretation of the ambiguous specifications should govern. The contractor countered that the specifications were unambiguous and it met the specifications.
Do You Really Want Mandatory Arbitration in Your Construction Contract?Draft Federal Legislation Reinforces Advice to Promptly Notify Insurers of COVID-19 LossesStatutory Bad Faith and an Insured’s 60 Day N
Maximizing Contractual Indemnity Rights: Problems with Common Law
Court Says KBR Construction Costs in Iraq were Unreasonable
Appraisal Process Analyzed
Differences in Types of Damages Matter
White House’s New Draft Guidance Limiting NEPA Review of Greenhouse Gas Impacts Is Not So New or Limiting
7 Ways Technology is Changing Construction (guest post)
Should I Pull the Pin? Contractor and Subcontractor Termination for Cause
Construction Defects in Roof May Close School
Civil RICO Case Against Johnny Doc Is Challenging
Texas Shortens Its Statute of Repose To 6 Years, With Limitations
Contractor Sentenced to Seven Years for Embezzling $3 Million
Chinese Hunt for Trophy Properties Boosts NYC, London Prices
Walmart Seeks Silicon Valley Vibe for New Arkansas Headquarters
Claims Made Insurance Policies
Georgia Supreme Court Rules Construction Defects Can Constitute an Occurrence in CGL Policies
Navigating the New Landscape: How AB 12 and SB 567 Impact Landlords and Tenants in California
What are the Potential Damages when a House is a Lemon?
Minneapolis Condo Shortage Blamed on Construction Defect Law
Georgia Supreme Court Limits Damages Under Georgia Computer Systems Protection Act
Homeowner Has No Grounds to Avoid Mechanics Lien
Court Narrowly Interprets “Faulty Workmanship” Provision
Los Angeles Tower Halted Over Earthquake and other Concerns
Nebraska’s Prompt Pay Act for 2015
Construction defect firm Angius & Terry moves office to Roseville
Ongoing Operations Exclusion Bars Coverage
New York Court Grants Insured's Motion to Dismiss Construction Defect Case and Awards Fees to Insured
Congratulations 2024 DE, MA, MD, NJ, NY, and PA Super Lawyers and Rising Stars
Disputes Will Not Be Subject to Arbitration Provision If There Is No “Significant Relationship”
It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit
Let’s Give ‘Em Sutton to Talk About: Tennessee Court Enforces Sutton Doctrine
Construction Defect Claim Survives Insurer's Summary Judgment Motion Due to Lack of Evidence
Window Manufacturer Weathers Recession by Diversifying
Administration Seeks To Build New FBI HQ on Current D.C. Site
Architecture, Robotics, and the Importance of Human Interaction – An Interview with Prof. Kathrin Dörfler
Insurer Rejects Claim on Dolphin Towers
Developer Transition - Maryland Condominiums
Crypto and NFTs Could Help People Become Real Estate Tycoons
Supreme Court Finds Insurance Coverage for Intentional (and Despicable) Act of Contractor’s Employee
California Statutes Authorizing Public-Private Partnership Contracting
Avoiding Construction Defect “Nightmares” in Florida
There Is No Sympathy If You Fail to Read Closely the Final Negotiated Construction Contract
Trump Tower Is Now One of NYC’s Least-Desirable Luxury Buildings
Megaproject Savings Opportunities
Another Reminder that Contracts are Powerful in Virginia
Guessing as to your Construction Damages is Not the Best Approach
General Contractor’s Ability to Supplement Subcontractor Per Subcontract
Hurricane Milton Barrels Toward Florida With 180 MPH Winds
Mediation Confidentiality Bars Malpractice Claim but for How Long?
Claim for Consequential Damages Survives Motion to Dismiss
Follow Up on Continental Western v. Shay Construction
