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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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

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.

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.

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.

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

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

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

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

#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

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.

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.

#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.

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.

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

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.

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

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.

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.

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.

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

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.

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.

New Specifier Article: Three Ways to Limit your Liability

Construction Lawyer

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

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

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. When the company enters into a contract, the company’s assets are at risk. But the company owners -- called “members” -- are not putting their personal assets at risk.

constructionattorneyblog: Liability for green design

Construction Lawyer

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.

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

ENR Construction

Owners pick up most of it, Turner & Townsend analysis reports, but one-third of respohdents say contracts can't properly address pandemic effects; issues surface as UK construction growth fell 12.5% last year

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.

Designer Liability to Third Parties: Beacon Distinguished

Construction Lawyer

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."

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

Pennsylvania Supreme Court strikes down broad liability law

Contractor 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

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.

California Imposes Additional Liability on Architects

Construction Lawyer

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). .