Dotted Line: How to conduct business in a world of discrimination and harassment claims

Construction Dive

Lawyers offer some practical advice for contractors to prevent and weather these claims, which they say for many companies are inevitable

5 Tips for Filing a Roof Replacement Insurance Claim

Construction Marketing Blog

Filing a roof replacement insurance claim may be your only chance of taking care of the necessary repairs and renovations, especially after a huge storm, water damage, or other calamities and catastrophes. This having been said, here are 5 tips for filing a roof replacement insurance claim.

Renewable Energy Claim is Deceptive

Green Building Law Update

This past week and there have been many other times this law firm was consulted about a marketing claim by a building owner with rooftop solar panels that advertises they “use” renewable energy, but the owner sells Renewable Energy Certificates (RECs) for the renewable energy it generates, so the Federal Trade Commission says it shouldn’t make the claim. If the marketer stated, “We purchase wind energy for half of our manufacturing facilities,” the claim would not be deceptive.

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Research: Workers Compensation Claim Denials Inch Upward

ENR Construction

Are challenges to claims helping, or do they end up adding to costs of coverage

How To Track Increased Construction Costs For Proving Claims

Best Practices Construction Law

I previously blogged about the importance of using daily reports to prove construction claims. Meeting minutes and internal memoranda concerning the claim should be maintained in order to document attempts to resolve matters with the DOT and its representatives.

FTC Cracks Down on Environmental Marketing Claims

Green Building Law Update

The Federal Trade Commission announced six enforcement actions last week, including against companies that marketed supposedly biodegradable plastic rebar cap covers, plastic golf tees, and plastic shopping bags, as part of the agency’s ramped up crackdown on environmental claims.

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What I Learned from My Kids About Delay Claims

Best Practices Construction Law

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. As for my child’s delay claim, this dad is not buying it!

FTC Settles Charges Over Deceptive Zero VOC Claims

Green Building Law Update

Some promotions also made explicit safety claims. The FTC alleged, the company had no evidence to support those claims. YOLO Colorhouse, LLC , and Imperial Paints, LLC , have agreed to consent orders that would bar them from making unqualified VOC free and emission free claims.

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Claim Managers

DebunkTheBIM

Still, there is one thing that keeps on hanging around, The role, of the ‘claim manager’. So scientific and exact with no room for the relaxed padding the ex-claim managers are so used to?

Second Circuit Rejects Architect's Copyright Claim

Collaborative Construction

The Second Circuit Court of Appeals rejected an architect''s claim that a builder and others who used modified versions of his designs / drawings infringed on his copyright. The court rejected the infringement claim reasoning that while the defendants copies certain elements of the architect''s design those elements were not protected under copyright law.

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Defamation Case over Global Warming Claim set for Trial

Green Building Law Update

The trial court ruled that Dr. Mann’s claims were “likely to succeed on the merits,” the standard established in the Anti-SLAPP Act to defeat a motion to dismiss, and denied the defendants’ motions to dismiss and their subsequent motions to reconsider. Michael E.

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What I Learned from My Kids About Delay Claims

Best Practices Construction Law

It almost goes without saying that if you have to pursue or defend a delay claim, you are going to need some evidence (whether by expert or otherwise) to establish or to challenge entitlement to the damages sought. As for my child’s delay claim, this dad is not buying it!

Tropical Storm Lee – Prepare for Insurance Claims

Construction Law Monitor

Contractors and property owners should be very knowledgable of the claims process after a natural disaster. Your insurer will assign a claims specialist to assess the damage and this person is who you will work with to obtain reimbursement. Be sure to read the policy to make sure you follow all the specific guidelines, otherwise your insurer may use this against you as an excuse not to timely pay up on the claim. The final step is to hire an attorney to escalate your claim.

Contractor claims government owes it $3M for contaminated soil cleanup

Construction Dive

PennaGroup claims 30 employees felt ill after exposure to benzene and other contaminants and that the Army Corps of Engineers did not pay it for the cleanup

Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims

Best Practices Construction Law

Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. Although this question may seem contrary to the common sense approach to never overstate the claim amount, it’s actually not.

U.S. Jobless Claims Drop

Construction Equipment

The number of state unemployment claims dropped to a seasonally adjusted 297,000 for the week ended Nov. 29, 2014, dropping by 17,000 from the previous week, according to Reuters. The unemployment rate remains at 5.8 percent

Lawsuit Claims Post-Tensioning Triggered Bridge Failure

ENR Construction

New theories may emerge that contest the causes of the tragedy

FDOT, P3 nix deadline for I-4 $100M overrun, delay claims

Construction Dive

Skanska, John Laing and SGL Constructors now have an indefinite amount of time to address costs and delays stemming from two drilled shaft failures during construction of a bridge foundation

Slow as a Turtle? “No Damages For Delay” Clause Inapplicable to Contractor’s Claim Against Architect

Best Practices Construction Law

The architect filed a motion for summary judgment, arguing that the general contractor’s delay claim was contractually barred by a “No Damages for Delay” clause in the contract between the general contractor and the City of Miami.

How to Win the Claim Game

Construction Business Owner

In today’s litigious environment, claims against construction companies are inevitable, and off-the-shelf solutions used to manage liability risks are too often inadequate.

Forensic BIM: Using modeling to resolve disputes and claims

Construction Dive

With disputes in the industry averaging $21 million, the ability to use BIM to retrospectively verify that the scope of work completed matches what the contract required could save millions in some lawsuits

Claims Mitigation During Construction Phase

Construction Dive

By Jim Zack Construction claims are becoming increasingly prevalent and expensive. It is key that owners and contractors work together to keep the project on schedule and communicate any deviations from plan. The key to successful projects is communicate, communicate, communicate! Whether you are dealing with a partnering situation or a normal construction project, it is imperative to openly communicate early and often.

Workers' Compensation Claims: A Common Employer's Nightmare

Construction Business Owner

Workers’ compensation claims and how to keep them under control have always been a concern for employers. Incidents ending in claims occur in virtually all industries and can be costly and time consuming. Today, every workers’ compensation claim raises the potential for a variety of workplace laws to come into play There is no federal workers’ compensation law that addresses workplace injuries. It is a state issue, and each state enacts and enforces its own legal framework.

Navigate a Bond Claim Successfully

Construction Business Owner

In order to grasp the appropriate ways to pursue or defend a bond claim in a meaningful way, contractors should have some background on what payment bonds are and how they work.

Brrrrrr, It’s Cold! How to Best Prepare a Delay Claim for Unusually Severe Weather

Best Practices Construction Law

2009) , the contractor involved in building a 53-mile road around the island of Babeldaob submitted to the Corps a claim for delays and additional costs incurred because of high humidity, rainy weather and moist soils encountered on the project.

Are Claim Sponsorship Agreements an Efficient Way to Resolve Claims?

Construction Dive

By Bruce Jervis Claim sponsorship and settlement agreements are a vital tool for administering and resolving claims. They facilitate the consolidation of multiple, interrelated claims of a prime contractor and its subcontractors against the project owner.

Construction Claims Mitigation During Dispute Phase

Construction Dive

Despite all the best efforts, claims and disputes are likely to arise on your projects. This article provides keys to help you avoid claims during the dispute phase which starts during and overlaps with the construction phase. You'll learn about how negotiation teams, decision ladders and dispute resolution boards can help keep you out of court. Read more

How to Control Potential Construction Surety Claims

ENR Construction

What a surety bond producer and big contractor do to keep a lid on claims trouble

Judge Weighs Science Behind Monsanto Roundup Cancer Claim

Green Industry Professionals

Federal judge reviews more than 300 cancer claims against Monsanto's widely used weed killer

Surety Disputes AECOM Hunt's Claim on Austin Hotel Subcontractor Default

ENR Construction

An unusual countersuit by a surety is dismissed by a Texas judge

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FTC is Pursuing Green Marketing Claims

Green Building Law Update

made misleading and unsubstantiated biodegradability claims for its plastic products. Under the FTC’s final order, APM is prohibited from making biodegradability claims unless they are true and supported by competent and reliable scientific evidence. In an earlier blog post I wrote that the FTC announced in October, 2013 it would begin to ramp up enforcement of environmental claims.

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Engineer Claims Facebook Stole Data-Center System Design

ENR Construction

The social media company used the modular construction methods and then made them public, the engineer claims. Business Management

Sedgwick Claims Management Services Expanding Tennessee HQ

Business Facilities

Read Sedgwick Claims Management Services Expanding Tennessee HQ on Business Facilities - Area Economic Development, Site Selection & Workforce Solutions. The technology-enabled risk and benefits solutions management company will create 150 new jobs in Memphis, TN.

Worker claims employer had him arrested based on his reporting of safety concerns

Construction Dive

A Department of Labor lawsuit alleges Boston-based Tara Construction facilitated an employee's immigration detention after an injury he reported sparked an OSHA investigation

Oklahoma Lawsuits Claim Link Between Fracking and Earthquakes

ENR Construction

Pawnee nation lawsuit marks the first time an insurance company has sued oil companies for earthquake-related damages

Data Service Claims To Predict Cost Changes Three Years Ahead

ENR Construction

Construction cost data provider Gordian has launched a big-data-driven service designed to predict construction project cost changes up to three years into the future

Toxic soil claims stall San Francisco Shipyard development

Construction Dive

The Navy will not release the property to the city and developers until the soil has been retested

Should Sanctions Be Applied to Unsuccessful Claims?

Construction Dive

Many state court rules call for a losing party to pay the winning party’s attorney fees and other costs if the loser asserted its claim in bad faith or without substantial justification. A recent decision of Maryland’s highest court avoided the improper imposition of this severe sanction on a construction contractor. Read more

Severin Doctrine: It's Another Name for "Pass-Through-Plus" Claims

Best Practices Construction Law

The claims were made by the contractor on its own behalf, as well as on the behalf of its subcontractor. The claim was presented by the contractor to the DOT. There is a reason why I call the Severin doctrine a pass-through-plus claim.

Using Daily Reports to Prove Construction Claims

Best Practices Construction Law

This type of report will usually prove insufficient to support a request for additional compensation or change order claim. Admittedly, contractors can claim success when they devise a system that provides detailed reporting on days problems occur.