Connecticut Reverses Course for Construction Managers on School Projects
August 05, 2024 —
Anand Gupta - Construction Law Zone BlogOn June 6, 2024, Connecticut Governor Ned Lamont signed into law Public Act 24-151 (H.B. 5524) (Bill 5524). Bill 5524 authorized and adjusted bonds of the state and provisions related to state and municipal tax administration, as well as addressed school building projects. Notably, Bill 5524 removed the ban on construction managers self-performing work on public school construction projects, effective July 1, 2024. Allowing construction managers to self-perform certain portions of the work, such as general trades, subject to the standard bidding requirements, is a common industry practice that, theoretically, reduces total project costs by reducing the amount of subcontracted work. However, proponents of banning self-performance argue that construction managers have too much information to bid fairly and competitively.
Reprinted courtesy of
Anand Gupta, Robinson+Cole
Mr. Gupta may be contacted at agupta@rc.com
Read the full story...
Florida Legislative Change Extends Completed Operations Tail for Condominium Projects
December 10, 2024 —
Holly A. Rice - Saxe Doernberger & Vita, P.C.The Florida Legislature recently passed House Bill 1021 which amended Florida Statute § 718.124. The July 1, 2024 amendment changes Florida’s statute of repose (“SOR”) trigger date for condominium projects. Now, the SOR trigger for existing condominium projects will be governed by Florida Statute §718.124, not Florida Statute § 95.11. Most critically, Florida Statute § 718.124 changes the trigger events for when the “clock” starts running and impacts how long the SOR runs. Notably, Florida Statute § 718.124 already governed the trigger event for the statute of limitations (“SOR”) for condominium projects.
One important overarching takeaway for contractors to carefully assess is that the change in the “trigger” event may result in the SOR concluding at a later date than originally planned – affecting time on the risk and, critically, the availability of insurance. The standard approach of using a static 10-year completed operations tail on a condominium construction insurance program may now be insufficient in certain circumstances.
Read the full story...Reprinted courtesy of
Holly A. Rice, Saxe Doernberger & Vita, P.C.Ms. Rice may be contacted at
HRice@sdvlaw.com
Balancing Cybersecurity Threats in Smart Cities: Is the Potential Convenience of “Smart” Intersections Worth the Risk?
September 02, 2024 —
James P. Bobotek & Brian E. Finch - Gravel2Gavel Construction & Real Estate Law BlogThe term “smart cities” has become popular parlance for municipalities’ attempts to enhance delivery of urban services and infrastructure through information and communications technology. While they may conjure images of neon-lit high rises or streetscapes populated by sleek, hovering vehicles, a bit like the 1960s-era The Jetsons cartoon envisioned our high-tech future, the reality of smart cities has begun to emerge in more subtle, less glamourous forms. Cities tend to focus on wastewater monitoring, traffic control and energy distribution technologies in their efforts to become incrementally “smarter.”
Smart cities lean heavily on automation, internet connectivity and the Internet of Things (IoT)—including smartphones, connected cars and a host of web-based appliances and utilities—to boost the delivery and quality of essential urban services and infrastructure like transit, sanitation, water, energy, emergency response and more. Successful smart cities need infrastructure that supports such connectivity, and they pull data from hundreds, or even thousands, of sensors that can be used to analyze and shepherd the direction of resources.
Reprinted courtesy of
James P. Bobotek, Pillsbury and
Brian E. Finch, Pillsbury
Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com
Mr. Finch may be contacted at brian.finch@pillsburylaw.com
Read the full story...
Federal Court Holds that Demolition Exclusion Does Not Apply and Carrier Has Duty to Defend Additional Insureds
September 02, 2024 —
Craig Rokuson - Traub LiebermanIn the recent case of
Travelers Indem. Co. v. Trisura Specialty Ins. Co., 2024 U.S. Dist. LEXIS 101953 (S.D.N.Y. June 7, 2024), the court had occasion to consider the classic additional insured fact pattern of a construction accident. Travelers insured the general contractor and provided a defense to the general contractor as well as its wholly owned subsidiary. Trisura insured the subcontractor, who employed the injured worker. Travelers brought suit, alleging that Trisura is obligated to defend and indemnify the general contractor, its subsidiary, the owner of the building (The City of New York), and the tenant.
Trisura denied any obligation to provide coverage due to the application of the “Demolition Exclusion” to the Trisura policy, which provides, in part, that there is no coverage for injury or damage arising out of the demolition of any building or structure which has original ground height in excess of three stories. The accident occurred during the interior demolition of the fifth floor of the building. The court held that the Demolition Exclusion applies only when there is a complete tearing down, razing, or destruction of an entire building. As the accident occurred during interior demolition, the exclusion did not apply.
Read the full story...Reprinted courtesy of
Craig Rokuson, Traub LiebermanMr. Rokuson may be contacted at
crokuson@tlsslaw.com
Finding Insurer's Declaratory Relief Action Raises Unsettled Questions of State Law, Case is Dismissed
November 05, 2024 —
Tred R. Eyerly - Insurance Law HawaiiThe federal district court for the District of Hawaii dismissed the insurer's action for declaratory relief because it raised issues that were unsettled by Hawaii courts. Association of Apartment Owners of Lahaina Residential Condominium, et al., No. 1-24-cv-00075-JAO-BMK, Order Granting AOAO's Motion to Dismiss (D. Haw. Aug. 29, 2024).
The case addressed whether a property damage exclusion barred coverage over an owner's claim that a condominium association and its property manager failed to obtain adequate insurance before the condominium's property was damaged by the Maui wildfire in August 2023. Great American filed suit seeking a declaration that it had no duty to defend or indemnify the Association and the property manage, Quam Properties Hawaiiana, Inc., in connection with a demand for mediation submitted to the Association and Quam on behalf of one of the owners.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Urban Retrofits, Tall Buildings, and Sustainability
January 14, 2025 —
Christopher G. Hill - Construction Law MusingsAs I took a small break between cases and contract reviews, an article in the November 2, 2009 issue of ENR Magazine caught my eye. The article discusses the efforts of a Chicago architect to create a holistic approach to the renovation and “de-carbonization” of the Chicago Loop area. The plan involves large scale energy retrofits and sustainable reuse of Chicago’s tall buildings.
Another interesting aspect of this article points out that tall buildings in general have hit the construction skids in the US and Latin America, this is not the case in Europe and the Middle East. However, those buildings that are going up (and up and up) are trying to go “green.” Several of the worlds tallest buildings, or soon to be so, are seeking LEED gold or platinum certification.
These two trends, in my view, are healthy. First of all, much like the goal of Build2Sustain, the Chicago effort is a move toward sustainable reuse and retrofit/renovation. I see this as a great trend and a way to perform the “Three R’s” (Reduce, Reuse, Recycle), by reusing existing building materials and footprints without the cost and use of newer materials from tear downs and rebuilds.
Read the full story...Reprinted courtesy of
The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Yes, Virginia, Contract Terms Do Matter: Financing Term Offers Owner an Escape Hatch
November 25, 2024 —
Christopher G. Hill - Construction Law MusingsFor this week’s Guest Post Friday, Musings welcomes Timothy R. Hughes, Esq., LEED AP. Tim (@vaconstruction on Twitter) is Of Counsel to the Arlington, Virginia firm of Bean, Kinney & Korman, P.C. In his practice as a business, corporate, and construction law attorney, Tim served as the previous Chair of the Construction Law and Public Contracts Section of the Virginia State Bar. He has served in numerous volunteer, board and leadership roles with such organizations as the Arlington Chamber of Commerce, the Northern Virginia Building Industry Association, Vanguard Services Unlimited, Leadership Arlington, Associated Builders & Contractors (Metro DC and Virginia), and numerous other volunteer and construction trade association activities. A regular speaker and writer, Tim is the lead editor of his firm blog, Virginia Real Estate, Land Use and Construction Law.
A recent Virginia case once again demonstrates that contract terms matter. An unusual financing term allowed the owner of a project a complete escape from any liability on a project despite significant work being performed. The opinion from the Circuit Court of Norfolk involved five separate cases consolidated together, four claims by subcontractors and one by the general contractor Turner. All five cases hinged on an unusual financing clause in Turner’s contract with
Alexus Williams Receives Missouri Lawyers Media 2021 Women’s Justice Pro Bono AwardWindow Manufacturer Weathers Recession by DiversifyingNew OSHA Vaccination Requirements For Employers With 100 Or More Employees (And Additional Advice for California Employers)Miller Act Statute of Limitations and Equitable TollingAarow Equipment v. Travelers- An UpdateOne Nation, Under RenovationThe Uncertain Future of the IECCLargest Dam Removal Program in US History Reaches MilestoneHunton Insurance Head Interviewed Concerning the Benefits and Hidden Dangers of Cyber InsuranceGoldman Veteran Said to Buy Mortgages After Big ShortColorado Statutes of Limitations and Repose, A First Step in Construction Defect LitigationWhen Construction Contracts Go Sideways in BankruptcyFloating Crane on Job in NYC's East River Has a Storied Past of Cold War IntrigueOSHA Begins Enforcement of its Respirable Crystalline Silica in Construction Standard. Try Saying That Five Times Real FastTakeaways From Schedule-Based Dispute Between General Contractor and SubcontractorUnlicensed Contractors Nabbed in Sting OperationNYC’s Developers Plow Ahead With Ambitious Plans to Reshape CityCISA Clarifies – Construction is Part of Critical Infrastructure ActivitiesPri
Ahlers Cressman & Sleight Rated as One of the Top 50 in a Survey of Construction Law Firms in the United States
How Long is Your Construction Warranty?
White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2021
New Jersey Court Adopts Continuous Trigger for Construction Defect Claims
NAHB Reports on U.S. Jobs Created from Home Building
To Arbitrate or Not to Arbitrate? That is the Question
Real Estate & Construction News Round-Up (05/18/22)
Fifth Circuit Reverses Summary Judgment Award to Insurer on Hurricane Damage Claim
Denial of Coverage for Bulge in Wall Upheld
Minimum Wage on Federal Construction Projects is $10.10
Legal Matters Escalate in Aspen Condo Case
4 Breakthrough Panama Canal Engineering Innovations
Mediation Fails In Federal Lawsuit Seeking Damages From Sureties for Alleged Contract Fraud
Construction and AI: What Contractors Need to Know from ABC’s New Report
California Supreme Court Allows Claim Under Unfair Competition Statute To Proceed
Shea Homes CEO Receives Hearthstone Builder Humanitarian Award
US Supreme Court Backs Panama Canal Owner in Dispute with Builders
Coverage For Advertising Injury Barred by Prior Publication Exclusion
Bay Area Counties Issue Less Restrictive “Shelter in Place” Orders, Including for Construction
Fewer NYC Construction Deaths as Safety Law Awaits Governor's Signature
Colorado General Assembly Sets Forth Prerequisites for an Insurance Company to Use Failure to Cooperate as a Defense to a Claim for First Party Insurance Benefits
Measures Landlords and Property Managers Can Take in Response to a Reported COVID-19 Infection
Peckar & Abramson Once Again Recognized Among Construction Executive’s “Top 50 Construction Law Firms™”
Oracle Sues Procore, Claims Theft of Trade Secrets for ERP Integration
Florida Enacts Property Insurance Overhaul for Benefit of Policyholders
Congratulations to Las Vegas Partner Jeffrey W. Saab and Associate Shanna B. Carter on Obtaining Another Defense Award at Arbitration!
California Supreme Court Declines Request to Expand Exceptions to Privette Doctrine for Known Hazards
Eliminating Waste in Construction – An Interview with Turner Burton
Reminder: A Little Pain Now Can Save a Lot of Pain Later
Understand and Define Key Substantive Contract Provisions
Whose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant Dispute
Florida Court of Appeals Rejects Insurer’s Attempt to Intervene in Underlying Lawsuit to Submit Special Interrogatories
Supreme Court of New York Denies Motion in all but One Cause of Action in Kikirov v. 355 Realty Assoc., et al.
Athletic Trainers Help Workers Get Back to the Jobsite and Stay Healthy After Injury
South Adams County Water and Sanitation District Takes Proactive Step to Treat PFAS, Safeguard Water Supplies
NYC-N.J. Gateway Rail-Tunnel Work May Start in 2023
Three Attorneys Elevated to Partner at Newmeyer & Dillion, LLP
Partner Jason Taylor and Senior Associate Danielle Kegley Successful in Appeal of Summary Disposition on Priority of Coverage Dispute in the Michigan Court of Appeals
Official Tried to Influence Judge against Shortchanged Subcontractor
Insurer Fails to Establish Prejudice Due to Late Notice
$17B Agreement Streamlines Disney World Development Plans
COVID-19 Impacts on Subcontractor Default Insurance and Ripple Effects
Coverage for Injury to Insured’s Employee Not Covered
Christopher Leise Recognized by US News – Best Lawyers 2022 "Lawyer of the Year"
Rhode Island Sues 13 Industry Firms Over Flawed Interstate Bridge
Contractors Should be Aware of Homeowner Duties When Invited to Perform Residential Work
School Board Settles Construction Defect Suit
Maximizing Contractual Indemnity Rights: Insuring the Indemnitor's Obligation
AI Systems and the Real Estate Industry
Defenses Raised Three-Years Too Late Estop Insurer’s Coverage Denial
