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The Future of Exclusive Remedy: Does the Doctrine Still Protect Employers?

At the 21st Annual National Workers’ Compensation and Disability Conference ®, Nov. 7-9, 2012, Thomas A. Robinson, author and primary upkeep writer for Larson’s Workers’ Compensation Law , will speak and moderate on The Future of Exclusive Remedy . Exclusivity: The Heart of...

Carbon Monoxide Poisoning From Defectively Installed In-Floor Radiant Heating System Was a Pollutant

In Midwest Family Mut. Ins. Co. v. Wolters , 2013 Minn. LEXIS 304 (Minn. May 31, 2013) [ enhanced version available to lexis.com subscribers ], the Supreme Court of Minnesota held that an absolute pollution exclusion applied to bodily injury that had resulted from an indoor release of carbon monoxide...

Texas Court Considers Application of Action Over Exclusion In Construction Injury Claim

n its recent decision in Preferred Contrs. Ins. Co. Risk Retention Group v. Oyoque Masonry, Inc., 2013 U.S. Dist. LEXIS 105386 (S.D. Tex. July 26, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Southern District of Texas had occasion to consider...

Federal: Since Contractor Was Required to Insure, Federal Government Was Immune From Tort Action

Affirming a decision of a federal district court, the Fifth Circuit Court of Appeals recently held that the United States could assert the exclusive-remedy provision of the Texas Workers’ Compensation Act [Tex. Lab. Code § 408.001(a)] against an injured contractor's worker since under...

Communication is Key to a Smooth Construction Project

I know, the title of this post sounds trite. Who doesn’t communicate? Don’t the subs and general on the project always communicate? Wouldn’t a remodeler be sure to stay up on job progress with a homeowner? In other words, why bother with this post? Everyone knows that without communication...

Defective Construction Claims: Where Breach of Warranty and Covered Occurrences Merge or Divide

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP On March 21, 2014, Jill B. Berkeley presented at the American College of Coverage and Extracontractual Counsel's (ACCEC) 2014 Insurance Law Symposium, held on the campus of the University of Mississippi. The ACCEC brought together...

Additional Insured Certificates: What Do They Mean?

By James R. Harvey , Partner, Vandeventer Black LLP Shifting the significant risk of loss is a basic part of construction contracting. Contractors are familiar with requirements to provide proof of insurance and to name the owner, architect and general contractor as an additional insured on the commercial...

Think Twice About Heading to Court with a Construction Claim

Here at Construction Law Musings , I have discussed many areas of the law relating to construction claims. Most of this discussion has focuses on the claim itself, whether made by breach of contract lawsuit, payment bond claim or mechanic’s lien . The latter two of these types of claims can and...

Reminder: Know Your Contractor Licensing Rules

In the course of my construction law practice , I have the pleasure of speaking with and talking to contractors and subcontractors that are based in Virginia and also based in other states. With the more nationalized construction landscape due to the constricted construction economy, I have more and...

No Written Change Orders

By Kevin Rust Most construction contracts have provisions that bar any payment for work outside the scope of the contract unless there is a written change order. All contractual provisions, at least in North Carolina, may be waived. Thus, even if your contract provides that no additional work will be...

2014 California Roundup of Mechanics Lien Decisions: Most Were Pro-Claimant, But Construction Lenders Did Well Too

By Mr. William Michael Hensley Get the latest expert analysis on California mechanics liens cases. This article covers recent cases and their practical implications. Excerpt: Effective on January 1, 2011 and then July 1, 2012, California overhauled the mechanics lien statutes in its most extensive...

Mechanic's Liens: Part 1.Technical Risks

By John Lockard , Partner, Vandeventer Black LLP Virginia law provides for a mechanic lien intended to insure payment to persons who supply labor or materials for construction projects. On first blush, the requirement is simple – to file the mechanic’s lien. But over the years judicial...

Stakes Raised In Real Estate Agent Independent Contractor Case

SJC To Hear Important Employment Classification Case The critical question of whether real estate agents are governed by the state’s strict independent contractor law is now headed to the Supreme Judicial Court, the highest appellate court in Massachusetts. The SJC heard arguments in December...

Mechanic's Liens: Part 2. Practical Risks

By John Lockard , Partner, Vandeventer Black LLP A mechanic’s lien is a powerful tool to secure payment for construction work. As discussed in the last article, however, there are technical requirements to prepare a mechanic’s lien. Heads Up Sprinkler lost its mechanic’s lien after...

Warranty Provisions Deserve Careful Consideration from Contractors

By Casaundra Maimone , Attorney, Vandeventer Black LLP It goes without saying that a contractor should carefully review all of the proposed terms and negotiate all of the final terms of a construction contract such that the provisions are best tailored to their role on the project. Nonetheless...

Materials Posted: Builder's Risk Insurance: What Owners and Contractors Need To Know

By Benjamin Schrier The February 24, 2014 post, Builder's Risk Insurance: What Owners and Contractors Need to Know , has been updated to include slides of the presentation given by Seth Lamden. Click here to view the slides (March 27, 2014). Read additional articles on legal developments...

The Anatomy of a Construction Dispute Stage 2- Increase the Heat

Last week we discussed the groundwork and circumstances of a construction claim . This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your claim has been properly preserved. If your contract...

The Pennsylvania Contractor and Subcontractor Payment Act, as well as the Pennsylvania Prompt Payment Act, are Subject to the Six-year Statute of Limitations Set Forth in Section 5527(b) of the Judicial Code

By Dylan B. Spadaccino, Esq. In East Coast Paving & Sealcoating, Inc. v. North Allegheny School Dist ., No. 751 C.D. 2014 (Pa.Cmwlth. March 6, 2015) , East Coast filed a complaint against the School District seeking, among other things, damages under the Contractor and Subcontractor Payment...

Legislative Update: Bill Introduced in the Pennsylvania House of Representatives to Amend the Contractor and Subcontractor Payment Act

By Jim Miller House Bill 726 (the “Bill” or “HB 726”), [ enhanced version available to lexis.com subscribers ], seeks to make several amendments to the Pennsylvania Contractor and Subcontractor Payment Act, 73 P.S. § 501 et seq. (the “Act”), [ enhanced version...

Proposed Amendment to Mechanics’ Lien Law Seeks to Give Architects Lien Rights in Pennsylvania

By Marc J. Felezzola Representative Dan Truitt , a Republican serving part of Chester County, Pennsylvania, recently proposed as House Bill 430 legislation, [ enhanced version available to lexis.com subscribers ], that seeks to amend the Pennsylvania’s Mechanics’ Lien Law of 1963 (i...

Construction Bonds - A Relatively Small Exception to Fraud and Contract Don’t Mix

Remember all of my posts about how fraud and contract claims don’t usually play well in litigation? Well, as always with the law, there are exceptions. For instance, a well plead Virginia Consumer Protection Act claim will survive a dismissal challenge . A recent opinion, [ enhanced version...

DC Circuit Court Upholds Federal Ban On Campaign Contributions – What’s Next for Politically Active Government Contractors?

By William H. Minor A unanimous federal appeals court in Washington, DC has upheld a long-standing ban on federal campaign contributions by government contractors. The case, Wagner et al. v. Federal Election Commission , [subscribers can access an enhanced version of this opinion: lexis.com...

Insurance Coverage for Subcontractor Non-Compliance with Prevailing Wage Laws?

One Court Says There Is At Least a Duty to Defend. Subcontractor non-compliance with prevailing wage laws is unfortunately not uncommon. But might that be covered by the General Contractor's insurance? For one design-build project that included coverage for professional liability a federal...

A Word of Caution to Design-Builders

By Ashley Moss The Virginia Department of Professional and Occupational Regulation (“DPOR”) licenses professional contractors, engineers, and architects in Virginia and punishes those who violate licensure laws. Although sometimes overlooked, businesses that provide professional services...

A Construction Stitch in Time

It’s a cliche for a reason that “A Stitch in Time Saves Nine.” Why? Because it is almost always cheaper and more efficient in the long run to get something right the first time than to fix it later. This old adage is true in life, and particularly true in the world of construction....