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Asbestos Construction Project

Goldberg Segalla

General Contractor's Motion for Summary Judgment Denied in NYCAL

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Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Arconic, Inc. f/k/a Alcoa, Inc., (Alcoa) moved for summary judgment on the basis that asbestos-containing fireproofing material was...more

Rivkin Radler LLP

Insurance Update - January 2022

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Cases discussed in our January Insurance Update answer these questions: •A commercial crime policy covers property that the insured “holds for others.” In the context of a phishing scheme, does “hold” mean the insured...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty to Maintain: Court of Appeals of Washington Addresses Housing Authority Violation

The Court of Appeals of Washington, Division 1 (“Court of Appeals”) in a June 8th opinion affirmed a King County Superior Court’s (“Superior Court”) decision addressing issues involving application of the state’s asbestos...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

Troutman Pepper

Recent Decisions Recognize Limits on Lien Amounts Properly Includable Under Michigan and Connecticut Lien Statutes

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Lost profits, not part of unpaid contract balance, may be recoverable as consequential damages in contract claim, but cannot be included in lien. TSP Services Inc. v. National-Standard, LLC, 2019 BL 340267 (Mich. Ct. App....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/OSHA Enforcement: Missouri Contractors Cited for Alleged Violations Related to Restoration of Kansas State University...

The Occupational Safety and Health Administration (“OSHA”) issued a May 15th news release stating that it cited two Missouri contractors for allegedly failing to comply with asbestos removal standards while performing...more

Miles & Stockbridge P.C.

Should the Jury Be Allowed to Infer Product Identification in Maryland Asbestos Cases?

On March 4, 2019, the Court of Appeals of Maryland heard oral argument on an appeal from a $7.28 million jury verdict in favor of Plaintiffs William Busch and his wife Kathleen against the asbestos settlement trust...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos Enforcement: Arkansas Department of Environmental Quality and Saline County, Arkansas, Structure Owner Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Team Dynamo, LLC d/b/a Domino’s Pizza Little Rock (“Domino’s”) entered into a March 7th Consent Administrative Order (“CAO”). See LIS No. 19-018. The CAO...more

White and Williams LLP

Massachusetts Court Holds Statute of Repose Bars Certain Asbestos-Related Construction Claims

Claims Arising Out of a Deficiency or Negligence in the Design, Planning, Construction and General Administration of Improvements to Real Property Among Those Affected. In Stearns v. Metropolitan Life Insurance Company, the...more

Pierce Atwood LLP

Breaking: Mass. SJC Says Real Estate Statute of Repose Bars Tort Claims Arising From Asbestos Exposure After Six Years

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In a decision of great importance to property owners, developers, architects, engineers, and contractors, the Massachusetts Supreme Judicial Court (SJC) this morning ruled that the state’s six-year statute of repose, M.G.L....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/NESHAP Enforcement: Alabama Department of Environmental Management Proposed Administrative Order Regarding Demolition...

The Alabama Department of Environmental Management (“ADEM”) issued a proposed Administrative Order (“AO”) to Britt Demolition and Recycling, Inc. (“BDRI”) regarding an alleged violation of the Clean Air Act National Emission...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos Enforcement: Tennessee Air Pollution Control Board/Civil Penalty Related to Pulaski, Tennessee Facility

The Tennessee Air Pollution Control Board (“Board”) issued a document titled Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) addressing alleged violations of Tennessee rules related to asbestos. The...more

Shutts & Bowen LLP

Top Three Ways for Contractors to Score a Federal Indictment

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First in a Three Part Series. As if the threat of local or state licensure investigations is not enough to induce an instant case of irritable bowel syndrome for a contractor that just realized they unwittingly ran afoul...more

Robinson+Cole Construction Law Zone

Subcontractor Not Entitled to Payment After Refusal to Perform Disputed Extra Work

In the hustle and bustle of completing a construction project it can be easy to overlook the importance of the contract.  However, when a dispute arises the contract generally dictates the outcome of that dispute.  A recent...more

Burr & Forman

Can Active Interference by Owner Invalidate A No Damages for Delay Clause? Sometimes.

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In C and H Electric, Inc. v. Town of Bethel, 312 Conn. 843 (2014), the Connecticut Supreme Court held that a Contractor’s claims against a Town for delay damages could not overcome the “no damages for delay” clause because...more

Foley & Lardner LLP

No Diagnosis, No "Damages": Wisconsin's Construction Statute of Repose in Asbestos Cases

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How to apply Wisconsin’s construction statute of repose, Wis. Stat. § 893.89, in asbestos cases has recently been a hot topic dividing trial courts. The statute bars a broad category of claims if they are brought more than 10...more

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