Michael McNally | Fox Rothschild A recent decision from the Southern District of New York reveals that courts may be inclined in some withdrawal liability cases to narrowly apply the building and construction industry exemption based on the nature and location of the work performed. It is commonly understood by union contractors that contribute to… Continue reading Building and Construction Industry Exemption to Withdrawal Liability May Apply Narrowly
Tag: Liability
Virginia Puts More Liability on General Contractors
Aaron S. Brotman | Cole Schotz Over the last few years, Virginia has enacted legislation designed to shift risk and cost from subcontractors to prime contractors on public and private contracts. 2023 will see the end of contingent payment clauses, adding to prime contractors’ responsibility to ensure payment to subcontractors’ employees. Pay-if-Paid Not Long for… Continue reading Virginia Puts More Liability on General Contractors
Of Pavement and Pandemic: Liability and Regulatory Hurdles for Taking It Outside
Jeff Clare | Gravel 2 Gavel As the COVID-19 pandemic continues to ravage the U.S. economy, restaurateurs and bar owners are feeling the brunt of business closures and adaptations necessary to combat the disease. Where cozy and intimate dining was once de rigueur for the restaurant industry, these businesses must now shift to outdoor dining… Continue reading Of Pavement and Pandemic: Liability and Regulatory Hurdles for Taking It Outside
Contractor Liable Thirteen Years After the Fact??
Earl K. Messer | Taft Stettinius & Hollister | June 28, 2019 Imagine you built a school back in 2005. Years go by. Many employees who worked on the project are gone. Their emails are no longer available to review. Most other records are buried somewhere, maybe. The owner has handled maintenance year after year… Continue reading Contractor Liable Thirteen Years After the Fact??
California Court Broadly Interprets Insurance Policy’s “Liability Arising Out of” Language
Gary Barrera | California Construction Law Blog | December 18, 2017 In McMillin Mgmt. Servs. v. Financial Pacific Ins. Co., Cal.Ct.App. (4th Dist.), Docket No. D069814 (filed 11/14/17), the California Court of Appeal held that the term “liability arising out of,” as used in an ongoing operations endorsement, does not require that the named insured’s liability arise… Continue reading California Court Broadly Interprets Insurance Policy’s “Liability Arising Out of” Language