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Construction Case Law Update - October 2014

Applying the Ameris factors, the Middle District of Florida abstained from and dismissed indemnitor’s declaratory judgment action to determine indemnity provision’s (1) scope, (2) duty to defend against third-party...more

The Construction Advantage – Issue 7

Reed Construction Data – Economy Improving Slowly but Surely - Reed Construction Data reports that the economy continues to improve but challenges remain. Based upon recent construction data from Reed Construction, the...more

The Construction Advantage – Issue 6

In our sixth issue of The Construction Advantage, we provide you with an all New England edition, focusing on the increased employment in the construction sector in Maine, a large court award related to the Big Dig, and the...more

No Lawsuit for You! When Subcontractors Cannot Sue the General Contractor

Can a subcontractor sue a general contractor over a work site accident? A recent decision by the Pennsylvania Supreme Court loudly and clearly said, "NO." Why not? The court ruled in Patton v. Worthington Associations, Inc....more

U.S. Supreme Court Case Could Alter Retiree Health Benefit Landscape

The U.S. Supreme Court has agreed to review a 2013 Sixth Circuit decision that could alter the way collective bargaining agreement provisions covering retiree health benefits are interpreted. In Taketts v. M&G Polymers, the...more

Legislative Update

Construction legislation in the 2013 session was much different from 2011. In 2011 many new construction related laws were passed including governance of indemnities and mechanic’s liens. In 2013 many significant...more

Construction Contractor Settles Sex Harassment Allegations With OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) announced this week that a federal construction contractor providing environmental remediation and restoration services has settled allegations of sexual harassment,...more

Insurance Recovery Law -- Jul 11, 2013

A little knowledge can go a long way - The cases analyzed in this week's newsletter illustrate an important principle for policyholders: a basic understanding of how their policies work and the controlling insurance...more

Burr Alert: Ground Control, LLC v. Capsco Industries, Inc., et. al.: Opening The Door To Claims By Unlicensed Contractors In...

The Mississippi Supreme Court, in a case of first impression, recently addressed claims for nonpayment by contractors performing work in the state in violation of Miss. Code Ann. Section 31-3-15, which requires contractors...more

OSHA Reinstates ERA Whistleblower And Issues Daunting Preliminary Order

On May 15, 2013, OSHA determined that Enercon Services Inc. (Company), an engineering firm that provides nuclear power facilities with engineering support services, violated the whistleblower provisions of the Energy...more

Federal Construction Contractors Beware: OFCCP Wants You!

Even though the Office of Contract Compliance Programs (OFCCP) has not yet promulgated its promised revised construction contractor regulations, the agency sent the construction contracting community a clear enforcement...more

Alabama Construction Worker Awarded $1.7 million For Injuries

While workers' compensation benefits will work to cover the medical expenses and lost wages that an Alabama worker encounters following a workplace accident or injury, this is not the only source of compensation available in...more

Patton Boggs Insights - December 2012: Litigation/Courts: Construction Worker Awarded $2 Million After Accident

An employee of a roofing firm was awarded just over $2 million as a result of a scaffolding collapse at a construction site in New York that reportedly left him with traumatic brain injuries. ...more

2012: Arizona Construction Law Summary

This year has been a busy one so far for legal developments affecting the Arizona construction industry. Here is a brief summary of court cases and legislation of interest....more

11TH Circuit Upholds $1.7 Million Jury Verdict Against Carpenters Union for Illegal Secondary Boycott Campaign Against Non-Union...

The Southeastern Carpenters Regional Council mounted a campaign against Fidelity Interior in Atlanta, GA. The union sent letters to owners and general contractors warning them of adverse consequences if they used Fidelity, a...more

Top 3 Take-Away Lessons for Engineers from the Sewage case (law note)

As we discussed yesterday, CH2M was held liable in negligence for the accidental death and other injuries sustained by workers at the Spokane wastewater treatment facility. Today, a few take-away lessons for design...more

Engineer: Immune or not in Sewer collapse? (Part 2) (law note)

When last we left off, the causes of the Spokane wastewater treatment disaster were revealed to be a combination of three things: 1) a blocked overflow pipe; 2) a malfunctioning monitoring system inside the digester; and 3) a...more

Is an Engineer ever immune from lawsuit? (Law note)

Can an Engineering firm be held liable in negligence despite provisions in a state law which allegedly gives design professionals immunity? That was the issue confronted recently by the Supreme Court in the state of...more

Beware Interim Lien Waivers!

The North Carolina Court of Appeals recently restored order to the use of interim lien waivers in North Carolina. The Court of Appeals issued its opinion in Wachovia Bank N.A. v. Superior Constr. Corp., COA10-1158, on July...more

Under Construction - June 2011

In This Issue: - A Letter From the Editor - The Federal Prompt Payment Act Provides Interest Penalties for Agencies and Contractors - Arizona’s Prompt Payment Law - California Prompt Payment Requirements -...more

Pennsylvania Court Digs New Ground for Excavator's Lien Claim: Firmer Foundation or Deeper Hole?

Particularly with the recent amendments to the Pennsylvania Mechanics' Lien Law of 1963 (49 P.S. § 1101–1902, the "Lien Law"), any appellate decision construing the meaning of the Lien Law and its original and amended...more

Weekly Law Resume - April 14, 2011: Torts - Independent Contractor Cannot Use Cal-OSHA Regulations To Establish Negligence Per Se

Kurt Iversen v. California Village Homeowners Association Court of Appeal, Second District (March 23, 2011) Under the negligence per se rule, a presumption of negligence arises from a defendant's violation of a statute...more

Weekly Law Resume - April 7, 2011: Hirer May Be Held Directly Liable For Independent Contractor's Injury Where Hirer Retained...

Jeffrey Tverberg v. Fillner Construction, Inc. Court of Appeal, First Appellate District, Division Four (March 25, 2011) In this case, the trial court granted summary judgment to Fillner Construction, Inc. ("Fillner")...more

22-Year-Old Lumber Worker Killed in Vance Construction Accident

A tragedy occurred December 31 in the town of Vance, just outside Tuscaloosa. A 22-year-old lumber yard worker will not see the new year because he was struck by a log that fell from a machine used in the processing of logs...more

Torts - Peculiar Risk Doctrine Does Not Apply To Injured Independent Contractor

In Privette v. Superior Court (1993) 5 Cal 4th 689, the California Supreme Court held that the hirer of a contractor cannot be vicariously liable for on the job injuries sustained by a contractor's employee resulting from a...more

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