COVID 19 Commercial Building Liability

Green Building Law Update

Over time coronavirus pandemic exposure claims may result in a new emergent subset of premises liability law, but in most instances it is presumed that body of existing law will control. All of this begs the question if a business owner’s premises liability insurance covers such claims?

NexTraq Boosts Safety & Liability Offer

Construction Equipment

NexTraq is improving its Safety and Liability Protection offer for its Dashcam by adding feature updates to the high-definition vehicle incident camera system solution.

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COVID-19 Liability for Building Owners

Green Building Law Update

Over time coronavirus pandemic exposure claims may result in a new emergent subset of premises liability case law and in a number of jurisdictions new statutes are already limiting liability, but in most instances it is presumed the longstanding body of premises liability law will control.

The Dotted Line: Avoid liability 'surprises'

Construction Dive

It's important for contractors to know what their insurance policies cover and, in the case of commercial general liability, what they don't cover

Tenant’s New Defense to Hazardous Substance Liability

Green Building Law Update

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).

Tenants Order Phase l to Avoid Hazardous Substance Liability

Green Building Law Update

It has been a year since the omnibus spending bill signed on March 23, 2018 amended the Superfund law, for first time making clear that tenants can qualify as bona fide prospective purchasers, protected from cleanup costs from the presence of hazardous substances on a property; but tenants are only now beginning to order Phase l Environmental Site Assessments taking advantage of the liability protections in the new law.

#109:  Liability Insurers' Duty to Defend

NH Construction Law

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. Many professional liability policies have them. Few commercial general liability policies do.)

#116:  Termination as a Condition of Performance Bond Liability

NH Construction Law

Conversely, not terminating also forgoes the protection of the bond – if termination is an enforceable condition of the surety’s liability. But the contractor didn’t terminate the subcontractor – a condition of the surety’s liability under its standard A312 performance bond – because (a) substantial completion had already been achieved such that the subcontractor “thus could not be terminated,” id.

4 Factors to Consider to Mitigate COVID-19 Risk & Liability

Construction Business Owner

4 Factors to Consider to Mitigate COVID-19 Risk & Liability. This indicates owners face new or different aspects of liability due to the COVID-19 environment Elizabeth Manning. Fri, 09/25/2020 - 09:32. With commercial construction back to work and projects across the country continuing to add jobs, one study indicates 56% of industry losses since the beginning of the pandemic have been recovered.

Reopened offices raise liability risk for businesses and owners

BD+C

After offices and other places of business reopen following COVID-19 shutdowns , tenants and owners face increased legal liability, and property insurance plans may not cover this risk

Illinois Contractors Face Liability for Subcontractors' Unpaid Wages

ENR Construction

A new state law will increase contractors' liability starting July 1, with exemptions for public projects and union labor

Union 36

Dupont, Spinoffs Set $4B PFAS Toxic-Cleanup Liability Fund

ENR Construction

Firms' escrow account will cover 20 years of legacy liabilities from 'forever chemicals' drinking water pollution occurring before July 1, 2015

Navigating A&E Professional Liability

Construction Business Owner

The American Institute of Architects' (AIA) semi-annual Consensus Construction Forecast recently projected that spending will increase by nearly 9 percent this year, with another 8 percent gain in 2016. Size is also an issue. In fact, findings by the United States Energy Information Administration found that there were 5.6 million commercial buildings in the U.S. in 2012, totaling 87 billion square feet of floor space

When Scope Creep Leads to Unexpected Professional Liability

ENR Construction

An insurance executive, in a commentary, writes about how to avoid risks designers never intended to take

Limit your liability with ASCA

Green Industry Professionals

Advocacy is an important role for the Accredited Snow Contractor’s Association.ASCA has been at the forefront of attempting to change legislation at both the state and federal levels to benefit snow and ice management contracts.The Snow Removal

OSHA extends record-keeping liability to five years

FDR Safety

The post OSHA extends record-keeping liability to five years appeared first on FDRsafety Employers are now liable for potential problems with their OSHA-required records of work-related injuries and illnesses for five years after the occurrence of any violation, under recently revised regulations, and may need to revise their record-keeping practices. The new regulation, which takes effect Jan. 18, is OSHA’s response to a 2012 U.S.

Say What? The Rise of Criminal Liability for Construction Accidents

Best Practices Construction Law

For employers, criminal liability for job site construction accidents is more and more a concern. There appears to be a trend toward construction incidents being investigated by various agencies for criminal liability. Best Practices Safety Cheri Gatlin Chris Meyers CISI Criminal liability in construction IFF OSHA Safety WeekToday’s guest post is by Chris Meyers and Cheri Gatlin , two of my fellow partners at Burr & Forman, LLP.

Airbnb presents legal liability for multifamily owners

BD+C

When renters sign up to be Airbnb hosts, they open liability issues for building owners. Airbnb’s popularity has skyrocketed, offering appealing, affordable experiences to travelers and an easy way for renters to make quick cash. The overwhelming majority of Airbnb travelers use properties responsibly. There have been horror stories, however, with condos being held hostage by guests citing squatter’s rights, thefts, allegations of sexual assault and damaged property.

Florida Engineers Gain Liability Protection in Storm Damage Inspection

ENR Construction

New law, which takes effect July 1, also extends to other practitioners and first responders in the state

Understanding Design Defect Legal Liability

Construction Business Owner

Owners, contractors and designers must understand their potential liability for design issues on a project before the project starts. Design and construction services on projects are more integrated now than ever before. As construction and design firms are using BIM software and other resources to improve construction efficiency, that integration is only going to increase.

#99:  General Contractors' OSHA Liability for Subcontractors' Violations

NH Construction Law

And if a GC eschews them completely in an ostrich-like efforts to avoid becoming a “controlling employer,” but is unsuccessful, its liability for subcontractor safety violations is virtually guaranteed. The safer course from a liability perspective is also the safer course from an accident perspective: no matter what your subcontracts say, make some effort to monitor hazardous job conditions created by others

Utilities Voice PFAS Liability Fear as Chemicals Head to Superfund List

ENR Construction

Major US water, waste utility groups lobby Congress for exemption from developing federal enforcement of stiffer rules to clean up ubiquitous toxic substances in the environment

Does Your Construction Business Need Employment Practices Liability Insurance?

Construction Business Owner

In addition to lawsuits filed by private citizens, claims filed by federal, state and city regulators are causing more businesses to purchase Employment Practices Liability Insurance (EPLI The United States Equal Employment Opportunity Commission received 84,254 discriminatory employment practices complaints last year.

Liability: Is Your Landscaping Business at Risk?

Green Industry Professionals

Landscaping companies need multiple types of insurance for complete coverage

YOUR PERSONAL LIABILITY FOR WORKPLACE SAFETY

Safety Services Company

Remember that OSHA fines and penalties are a direct connection to employer liability; these consequences fall in addition to the myriad blows to a business’ bottom line. Keep in mind that many liability lawsuits have arisen from negligence occurring after training; formal initial training is not enough. As an employer, your greatest responsibility is that of your workers’ well-being.

#91:  Liability Insurance for a Subcontractor's Defective Work

NH Construction Law

“May unintentionally faulty subcontractor work that damages an insured’s work product constitute an ‘accident’ under a commercial general liability insurance policy?” Skanska, the construction manager of a hospital renovation project, hired a heating and cooling subcontractor whose liability insurance policy named Skanska and the owner as insureds.

What Home Builders Should Know About Liability Insurance

Pro Builder

What Home Builders Should Know About Liability Insurance. cbroderick. Thu, 02/04/2021 - 12:41.

Liability and BIM Participation

Construction Business Owner

Building Information Modeling (BIM) is gaining ground as construction participants recognize the benefits of computer modeling. However, participants should enter this new modeling world recognizing that these opportunities come with costs and risks. Understanding the risks associated with BIM can help contractors manage and make the most of this new technology

Skanska Seeks Maritime Law Protection for Pensacola Bridge Liability

ENR Construction

More than 70 lawsuits have been filed against the contractor

COVID-19 Project Impact Liability Remains Confused, Says Consultant Survey

ENR Construction

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.

COVID-19 Project Impact Liability Remains Confused, According to Consultant Survey

ENR Construction

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

Jacobs Faces $3B Damage Liability in Coal-Ash Worker Suits, Court Says

ENR Construction

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

Jacobs Faces $3B Damage Liability in Coal-Ash Cleanup Worker Suits, Court Says

ENR Construction

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

6 Major Liabilities that Estimators Can Overcome

Construction Business Owner

When pencils, paper and calculators were the go-to tools for estimating, spreadsheets represented a major breakthrough to contractors looking for a smarter solution. Now, contractors who rely on spreadsheets find themselves at a disadvantage when they compete against companies equipped with estimating software. Even processes built around advanced, customized spreadsheets are no match for the collaboration capabilities provided by specialized software

Pollution Legal Liability Insurance More Valuable as a Result of High Court Ruling

Green Building Law Update

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). Among the most common of the insurance coverages is a pollution legal liability policy.

An Alarming Expansion of Architect Liability?

Construction Dive

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. In particular, the engineering disciplines have gained increasing acceptance of contractual limitations of liability.

Managing Professional Liability Loss Exposures

Construction Business Owner

Managing professional liability risks in construction can be difficult. These points rely on the ability to understand and manage contractual risk, which is arguably the most critical element to managing professional liability loss exposures Although not all-inclusive, the following practices should enhance your risk-management strategy and reduce your long-term exposure to unforeseen professional losses.

Airbnb presents legal liability for multi-family owners

BD+C

When renters sign up to be Airbnb hosts, they open liability issues for building owners. Airbnb’s popularity has skyrocketed, offering appealing, affordable experiences to travelers and an easy way for renters to make quick cash. The overwhelming majority of Airbnb travelers use properties responsibly. There have been horror stories, however, with condos being held hostage by guests citing squatter’s rights, thefts, allegations of sexual assault and damaged property.

Contractor Liability Disputed in Army Base Wrongful Death Case

ENR Construction

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

New Article about Limitation of Liability Clauses

Construction Lawyer

A new article entitled "Limitation-of-Liability Clauses Effective When Enforceable" authored by Shawn Goodman is available here. This article is an overview of the current state of the law involving contractual provisions that can limit the liability of a design professional in certain circumstances. contracts general litigation