Green Building Law Update

MARCH 31, 2019

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,

Liability 120

Liability Leases Defense Commercial 120

Construction Business Owner

OCTOBER 24, 2016

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. Construction defect claims are compounded by the fact that not all are covered by insurance, depending on the carrier and the applicable state statutes.

Claims 120

Claims Liability Insurance Risk 120

Levelset

SEPTEMBER 13, 2022

In most cases, that’s what insurance is for, and the contractor will typically initiate a claim against their policy to take care of it. But who can actually file a claim against the contractor’s insurance? Can the property owner file a claim, or does the contractor need to submit it? Contractor liability for property damage.

Insurance 52

Insurance Claims Liability Accidents 52

Levelset

AUGUST 24, 2022

Two of the most common insurance policies that contractors have are builder’s risk and general liability, which serve very different purposes. Builder’s Risk Insurance General Liability Insurance Coverage Covers a building under construction—and often tools, equipment, and materials related to the project.

Liability 52

Liability Risk Insurance Contractors 52

NH Construction Law

JUNE 26, 2023

The federal False Claims Act (FCA), 31 U.S.C. § imposes liability for knowingly making a false or fraudulent “claim,” or a false record or statement material to such a claim, in order to obtain funds from the federal government. § 3729 et seq., 31 U.S.C. § § 3729(b)(2). Supervalu Inc.

Claims 40

Claims United States Liability Materials 40

NH Construction Law

JANUARY 30, 2022

When a contractor or subcontractor is sued for defective workmanship, one of his first thoughts is likely to be whether the damages are covered by his liability insurance. ”) Parsing of claims and theories, and furnishing a defense to only the covered ones, is not allowed. Many professional liability policies have them.

Insurance 40

Insurance Liability Defense New Hampshire 40

ENR Construction

NOVEMBER 29, 2022

Firm was EPA contractor at defunct Gold King mine in Colorado when 3 M gal of toxic wastewater spilled into nearby rivers and states, but judge refuted New Mexico damage claim that firm had responsibility

Liability 78

Liability New Mexico Contractors Colorado 78

ENR Construction

FEBRUARY 11, 2021

Turner & Townsend analysis of industry responses say owners are picking up "majority" of liability, but one-third claim project contracts can't properly address pandemic effects; issues raised as U.K. construction growth fell 12.5% last year.

Liability 36

Liability Consulting Claims Contract 36

ENR Construction

FEBRUARY 11, 2021

Global respondents in Turner & Townsend study say owners are picking up "majority" of liability, but one-third claim project contracts are not set up to properly address pandemic effects.

Liability 36

Liability Consulting Claims Contract 36

Green Building Law Update

FEBRUARY 12, 2014

Insurance companies cannot recover environmental cleanup costs paid to their insured under the federal Comprehensive Environmental Response, Compensation and Liability Act, commonly known as Superfund, from another Potentially Responsible Party ( unless their insured had first pursued a separate claim to recover the cleanup costs from that PRP).

Insurance 120

Insurance Liability Legal Claims 120

NH Construction Law

AUGUST 21, 2022

Wrongful termination will not only be a breach of contract giving the principal a claim for damages against the obligee, but it will forfeit the protection of the bond. Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability. 4th 12 (1st Cir.

Liability 40

Liability Contract AIA Contractors 40

Levelset

SEPTEMBER 14, 2022

“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. General liability insurance. Business auto insurance.

Insurance 98

Insurance Liability Claims Injury 98

ENR Construction

MAY 20, 2022

Firm's status as former TVA contractor extends no immunity for claimed illnesses caused by site cleanup work, judge said; Jacobs also announces new cleanup support contract at Japan's damaged Fukushima nuclear power plant

Liability 69

Liability Claims Contract Site 69

ENR Construction

MAY 20, 2022

Firm's status as former TVA contractor does not extend immunity for claimed illnesses caused by site work, judge's ruling said; firm also announces new cleanup support contract at Japan's damaged Fukushima nuclear power plant

Liability 69

Liability Claims Contract Site 69

Levelset

SEPTEMBER 19, 2022

Third-party insurance , also known as liability or casualty insurance, protects insured individuals or businesses in situations where they may be liable for damages to another person or business — the third party. The roofer’s general liability insurance covers claims related to injuries related to the customer’s fall.

Insurance 52

Insurance Liability Compensation Claims 52

Construction Dive

DECEMBER 11, 2013

By Scott Turner A state supreme court has ruled that a general liability policy’s contractual liability coverage did not cover the bodily injury claim of a general partner of the contractor policyholder because he was not a “third party” as required in the policy for that coverage.

Claims 48

Claims Liability Injury Insurance 48

Construction Business Owner

OCTOBER 26, 2012

While crime exposures for some businesses can be measured and quantified by the amount of cash or other valuables on hand, employee fidelity claims in the construction industry and the losses arising out of such acts can be difficult to identify or quantify. No construction firm is immune to employee dishonesty or crime losses.

Liability 129

Liability Insurance Employment Claims 129

Construction Marketing

DECEMBER 27, 2021

General Liability Insurance. This type of coverage will protect your company from various liabilities , including injury claims, and cover medical expenses. General liability also protects businesses if they cause damage to a customer’s property or if any product installations go awry, like faulty plumbing that causes leaking.

Insurance 156

Insurance Contractors Accidents Liability 156

Construction Dive

AUGUST 6, 2014

By Bruce Jervis Design professionals have long sought to control their liability exposure. The argument has been that their potential liability is disproportionate to the compensation they receive and the role they play on a construction project. They have received a sympathetic hearing in some quarters.

Liability 62

Liability Compensation California Claims 62

NH Construction Law

NOVEMBER 30, 2020

Because venue provisions can be waived, courts allow Miller Act claims to be litigated in a different court selected by the parties’ contract. ” This language can certainly be read as evidence of congressional intent that Miller Act claims not be arbitrable. Industrial Lumber Co. , Enterprises, Inc. , 3d 35, 36 (1st Cir.

Claims 40

Claims Subcontracting United States Contract 40

Construction Dive

JANUARY 29, 2014

By Scott Turner A state supreme court has ruled that the standard commercial general liability (CGL) policy Contractual Liability Exclusion does not apply to bar ordinary breach-of-contract claims over a policyholder’s defective construction work. Read more.'

Liability 48

Liability Claims Contract Commercial 48

ENR Construction

MARCH 11, 2022

Lane Construction could face cross claims from a project contractor in a road resurfacing that the widow of cyclist killed in a 2016 crash claims was at fault in her husband's death.

Liability 36

Liability Contractors Claims Roads 36

Construction Dive

JUNE 22, 2017

By Jim Zack Construction claims are becoming increasingly prevalent and expensive. In reality, in construction, we often stifle communications for fear of liability. It is key that owners and contractors work together to keep the project on schedule and communicate any deviations from plan. Bad news delivered late is a disaster!

Claims 48

Claims Liability Construction Schedule 48

Best Practices Construction Law

MAY 18, 2018

Safe projects are more likely to be profitable projects due to lack of delays and prevention of claims for jobsite injuries. For employers, criminal liability for job site construction accidents is more and more a concern. Prosecutors claim the employer was pushing the men to work faster because the project was behind schedule.

Accidents 48

Accidents Liability Safety Florida 48

ENR Construction

MAY 20, 2022

Ruling says firm's status as former TVA contractor doesn't extend liability coverage from suits seeking millions for claimed illnesses caused by site work; meanwhile, Jacobs gains new contract to support cleanup and demolition of tsunami-damaged reactors at Japan's Fukushima nuke plant

Liability 68

Liability Claims Contract Site 68

Construction Dive

JANUARY 2, 2014

By Bruce Jervis A primary purpose of a limited liability company, much like a corporation, is to shield company owners from personal liability for business losses. When the company enters into a contract, the company’s assets are at risk. It is also crucial to avoid comingling of company and personal funds or other assets.

Liability 58

Liability Risk Claims Contract 58

NH Construction Law

JULY 26, 2020

“May unintentionally faulty subcontractor work that damages an insured’s work product constitute an ‘accident’ under a commercial general liability insurance policy?” When the subcontractor installed the expansion joints in the steam boiler and related piping backwards, the heating system got damaged.

Insurance 40

Insurance Liability Accidents Michigan 40

Green Building Law Update

JANUARY 19, 2020

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,

Liability 156

Liability Leases Defense Commercial 156

Construction Dive

NOVEMBER 11, 2012

By Bruce Jervis Limitation-of-liability clauses have become popular among engineering professionals. These clauses state that the engineer’s liability to the client or any other party relying on the engineer’s work product is limited to the amount of the engineer’s fee or a stipulated amount, whichever is greater.

Liability 51

Liability Claims Engineering Documentation 51

Best Practices Construction Law

SEPTEMBER 5, 2018

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. The trial court granted summary judgment in favor of the architect.

Claims 54

Claims Miami Contract Liability 54

ENR Construction

MAY 17, 2023

Contractor Infrastructure Energy and Alternatives faces $100M jury award liability in landowners' suit claiming sediment runoff from 100-MW project impacted 21-acre lake on their adjacent property.

Georgia 36

Georgia Liability Claims Infrastructure 36

Construction Enquirer

JUNE 27, 2023

An update on the administration filed at Companies House said the firm was sunk by a combination of rising materials costs, project delays and defect liability claims. Administrators from FRP Advisory took control of the business in May. It also detailed the level of debts with 208 unsecured creditors left holding unpaid invoices.

Debt 72

Debt Negotiation Liability Forecasting 72

Construction Law

MARCH 1, 2024

Can challenges based on claiming that the dispute is too large or complex succeed? A key difference is the time during which claims can be made. Patrick Heneghan of 3PB Barristers asks whether Parliament intended adjudication to used in large or complex disputes.

Insurance 40

Insurance Claims Safety Legal 40

Green Building Law Update

AUGUST 30, 2020

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. provides an important liability protection, including from cleanup costs, for parties who qualify as bona fide prospective purchasers (BFPPs). 9601 et seq., 9601 et seq.,

Site 156

Site Liability Leases Defense 156

Levelset

SEPTEMBER 30, 2022

There are many policies that apply to a carpenter, but a simple business owner’s policy can include property damage and liability coverage. If a third party gets injured on a job, liability coverage helps pay the cost of legal defense if you get sued for the accident. . Does a carpenter need insurance?

Insurance 52

Insurance Liability Accidents Injury 52

Construction Dive

NOVEMBER 6, 2013

By Bruce Jervis There are many legitimate reasons for contractors to submit claims for increased compensation. This is why aspersions such as “claim monger” are offensive to contractors. These lapses in judgment are harmful to the image of the industry and give the entire claim process a bad reputation.

Claims 56

Claims Wisconsin Compensation Liability 56

Levelset

SEPTEMBER 23, 2022

If a sub accidentally drops a steel beam on the project manager’s new sports car, that subcontractor’s liability insurance policy would likely cover the damage. However, the types of policies and their limits (the maximum amount claims can pay out) are limited. General liability insurance. Subcontractor default insurance.

Insurance 52

Insurance Liability Accidents Risk 52