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.

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

An Alarming Expansion of Architect Liability?

Green Building Insider

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.

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.

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.

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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

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

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.

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.

Are Limited Liability Companies Effective Shields?

Green Building Insider

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.

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Insurers Fine-Tune Professional Liability Premiums

ENR Construction

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

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

ENR Construction

Contractor Admits Liability in UK Blacklist. Business Management

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

Viewpoint: So Who Is the Designer In Construction Projects, Anyway?

ENR Construction

Ten years ago, few contractors carried professional liability insurance

Massachusetts Supreme Court clarifies building code liability issue on mixed-use projects

BD+C

The Massachusetts Supreme Judicial Court recently ruled that distinct portions of a mixed-used building may be treated as distinct and different structures under the state building code. The ruling clarifies more than 40 years of sometimes contradictory decisions. read more.

Insurance expert: Managing green liability risk not so different from 'normal' risk mitigation

BD+C

Worries about legal liability have long dogged the sustainable building movement, but insurance expert Karen Erger (Locton Companies) and attorney Eric Singer (Ice Miller LLP) say sustainability lawsuits are caused by the same types of issues that have always prompted clients to sue AEC firms.

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

Implementing a workplace disciplinary program

The Safety Blog

COMPANY LIABILITY. Safety Tips Company Liability Disciplinary Actions Unsafe behaviors Workplace disciplineOne important element of an effective workplace safety and health policy is an Employee Disciplinary Program.

How Do You Find the Right Project Coverage?

Construction Business Owner

No matter whether it is designed to protect owners, architects, engineers or general contractors, the securing of project professional liability coverage can be complicated.

CannonDesign Agrees to $12-Million Ethics Pact with U.S.

ENR Construction

Architect-engineer ends liability for work bribe scheme of prosecuted former manager

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

American Standard wins Money Savings award for NextGen Selectronic faucets

Constructor Magazine

The awards were created to recognize commercial products that enhance building management in areas such as energy efficiency, water conservation, space optimization, labor costs, occupant health, liability or durability

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.

Don’t let an estate planner’s software enrich the IRS

Constructor Magazine

Computer programs suggest various tax strategies to reduce (but not eliminate) a large estate tax liability

New Insurance Case: State High Court Rules that Commercial General Liability Policy Covers Construction Defects

Green Building Insider

courts in a snowballing trend by holding that defective completed construction work can be covered under commercial general liability (CGL) policies as an “occurrence” causing “property damage” and also avoiding the Your Work, Impaired Property, and Product Recall exclusions, where the damage is to the work of the policyholder’s subcontractor. By Scott TurnerA state Supreme Court recently joined the majority of U.S.

New Insurance Case: State High Court Rules that Commercial General Liability Policy Covers Construction Defects

Green Building Insider

By Scott Turner Earlier this summer, a state high court joined a growing national trend by holding that defective completed construction work can be covered under commercial general liability (CGL) policies as an “occurrence” that causes “property damage” and can avoid the Your Work Exclusion, where the damage is to the work of the policyholder’s subcontractor.

DESIGN PROFESSIONAL’S LIABILITY IN CALIFORNIA

Construction Advisory Report

Skidmore, Owings & Merrill, LLP, notwithstanding the economic loss doctrine (ELD), the California Supreme Court Read more » Construction Claims California Christian Roux Claims Doctrine Economic Liability Loss Historically in California and several other states, absent property damage or personal injury, a party not in privity of contract with an architect is not entitled to sue that architect for defective design. However, in Beacon Residential Community Association v.

Time To Dust Off And Inspect Your Indemnity Shield : Better Building.

Responsible Developer

An indemnification agreement is a shield that protects you from liability and the cost of litigation. Yes, because if your old contract contains provisions that are now unenforceable they are not worth the paper they are written on and will not shield you from liability.

The Clients and Clauses That Companies Avoid

ENR Construction

A new ENR survey finds that designers and contractors often try to steer clear of developers, condominium projects and clauses that open them to unlimited liability.

New York Court of Appeals Narrowly Construes Additional Insured Endorsement

Green Building Insider

A New York appeals court has narrowed the conditions under which a party named as an additional insured can access the policyholder's policy for liability coverage. By: Robert D. Chesler and Allen R. Wolff, Anderson Kill P.C. Businesses that make use of additional insured coverage -- as parties to construction projects generally do -- should take note. Read more

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.

The Startup Construction Business Checklist: 3 Important Documents You Need to Have

Construction Marketing Blog

A construction business needs need public liability insurance , and employers’ liability insurance if you employ staff. Although public liability insurance is not a legal requirement, it should be regarded as essential.

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 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.

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.

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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

State Supreme Court: No Commercial General Liability Coverage for Property Damage to Insured Contractor’s Own Work, But the Door Is Open for a Possible Future Reversal on the Issue

Green Building Insider

By Scott Turner A state supreme court has again ruled that property damage to a general contractor’s own work does not satisfy the “occurrence” requirement in a non-standard commercial general liability (CGL) policy, but it opened the door to the possibility that the opposite might be true when the most recent standard CGL form was used.