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.

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

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.

Nor'easters Force Designers to Consider Climate Liability

ENR Construction

As multiple nor’easters bore down on the East Coast in the last 10 weeks, architects and engineers worried about more than the physical impact to their projects

YOUR PERSONAL LIABILITY FOR WORKPLACE SAFETY

The Safety Blog

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.

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.

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

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

Green Building Law Update

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

Insurers Fine-Tune Professional Liability Premiums

ENR Construction

A survey by Ames & Gough provides clues to costs for 2017

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.

7 Prime liabilities of a Civil Site Engineer in a Building Construction Project

Construction Cost Estimating

Given below, the complete liabilities of a civil site engineer :- 1. Accomplishment of the project in due course: The key liability of the project management team is to deliver the project in scheduled time. In this regard, the project manager should take the sole liability.

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.

Are Limited Liability Companies Effective Shields?

Construction Dive

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.

New Specifier Article: Three Ways to Limit your Liability

Construction Lawyer Blog

A new article, Three Ways to Limit your Liability, has been published on the Construction Specifier website. This article discusses three contract provisions that can help an architect limit her liability exposure to clients. contracts Weblogs

New Specifier Article: Three Ways to Limit your Liability

Construction Lawyer Blog

A new article, Three Ways to Limit your Liability, has been published on the Construction Specifier website. This article discusses three contract provisions that can help an architect limit her liability exposure to clients. contracts Weblogs

Liability Issues Related to IPD Addressed

Collaborative Construction

Liability Concerns… and some answers Introduction to IPD in 3D™ Sophisticated consumers of construction and design services are demanding increased efficiency and productivity from the array of professionals that deliver such services. This article briefly describes the foundation upon which an effective IPD program must be built and then tackles liability concerns raised by many stakeholders.

New Article about Limitation of Liability Clauses

Construction Lawyer Blog

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

constructionattorneyblog: Liability for green design

Construction Lawyer Blog

Sabo & Zahn LLC is an Illinois Limited Liability Company. Liability for green design. Gary Cole has written an interesting blog entry about designers' liability for green projects here:  [link]. Listed below are links to weblogs that reference Liability for green design : Recent Posts. Unlimited liability for designers and contractors. constructionattorneyblog. Attorneys at Sabo & Zahn. Sabo & Zahn. Werner Sabo.

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.

Pollution Liability Insurance Market Tilts Heavily to Buyer's Side

ENR Construction

Soft pricing and a surplus of competition that has squeezed the bottom line of carriers

China Construction America faces billions of dollars in liability in lawsuit

BD+C

billion in liability stemming from the lawsuit filed by the project’s original owner, BML Properties Ltd. China Construction America, Inc.

Professional liability insurance rates for architects and engineers expected to be stable in 2017

BD+C

Insurance premiums for architects and engineers professional liability stabilized in 2015 after three straight years of moderate increases. The survey of 14 insurance companies that write more than 75% of the architects and engineers liability (A&E) policies in the U.S.

Designer Liability to Third Parties: Beacon Distinguished

Construction Lawyer Blog

The appellate court found that Beacon was distinguishable and did not support the imposition of negligence liability on the engineer in favor of the contractor. The imposition of designer liability to third parties was "based in large part on the substantial control and influence the defendant architects exercised over the actual construction of the project."

Are Limitation-of-Liability Clauses Used Fairly?

Construction Dive

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.

The Expanding Scope of Liability for Condominium Projects

Construction Lawyer Blog

Shawn Goodman has authored an article for Licensed Architect , beginning at page 10, about condominium projects and how the liability of the architect continues to expand. A must-read for any design professionals doing work on condo projects. . contracts general litigation

California Imposes Additional Liability on Architects

Construction Lawyer Blog

In a recent case, Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP , the California Supreme Court held that architects owe a duty of care to purchasers of condominium units and can be sued by those purchasers for design negligence. In many states, including California up to this point, a designer cannot be directly sued by a third party with whom it had no contract (such as a condominium purchaser). .

Prices Bottom, Terms Stretch on Contractors Pollution Liability Insurance

ENR Construction

Pollution insurance for contractors has never been cheaper, with prices down 50% in the past five years, say brokers and contractors

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

Best Practices Construction Law

The appellate court reversed, finding that the owner-contractor agreement did not insulate the architect from liability. Best Practices Case Law Claims and Disputes architect liability city of miami don mcleod no damages for delay perez-gurri

Construction Week: Contractor Admits Liability in UK Blacklist; Mass. Nuke Plant to Close

ENR Construction

Contractor Admits Liability in UK Blacklist. Business Management

Unlimited liability for designers and contractors

Construction Lawyer Blog

Sabo & Zahn LLC is an Illinois Limited Liability Company. Unlimited liability for designers and contractors. The statute of repose (similar to a statute of limitations) expired by 1982, extinguishing any liability by Sverdrup. This effectively wiped out the existing statute of repose and revived Sverdrups liability. Listed below are links to weblogs that reference Unlimited liability for designers and contractors : Recent Posts. constructionattorneyblog.

Liability Arises for California Contractors Hiring Temporary Help

Construction Informer

Come January 1, 2015, construction contractors operating in California who hire temporary workers can be held liable if the labor contractor doesn’t supply workers compensation, or doesn’t pay wages owed to a temporary worker. It doesn’t matter if the contractor didn’t have knowledge of violations, or even if the contractor and labor supplier are joint […]. Managing People

Crime & Employment Practices Liability Insurance

Construction Business Owner

No construction firm is immune to employee dishonesty or crime losses. 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

Pennsylvania Supreme Court strikes down broad liability law

Constructor Magazine

recently, as it struck down the state’s broad liability law. The state of Pennsylvania’s Supreme Court ruled in favor of Omega Flex, Inc. read more. Contractor Marketplace Piping

Construction Death May Set New Standard for Liability on Construction Sites

Construction Equipment

. . April 6, 2015 Carlos Moncayo, 22, was working for subcontractor Sky Materials on a project at 9-19th Ninth Avenue in New York City, generalled by Harco Construction, owned by Kenneth Hart.

MRGO Ruling Opens Big Liability for Corps

ENR Construction

federal Appeals Court Judge rules that flooding from Katrina and other storms was a result of Corps construction, operation and maintenance. Infrastructure

OSHA Testing Can Reduce Employer Liability, Saves Companies Money

Construction Law Monitor

In fact, the study shows that OSHA testing can actually result in significant savings for companies along with reducing company liability. Reduced Employer Liability. This guest post was contributed by Joseph A. Ginarte. He is a specialist New York accident lawyer and the proprietor of the Ginarte Law firm. He enjoys writing and sharing his insights on various legal blogs.