Michael V. Abcarian – May 8, 2013 Employers can expect the Occupational Safety and Health Administration to implement various regulatory initiatives this year that will significantly impact how employers, including construction companies, do business. With President Obama in leadership for another term, many new and stricter workplace safety initiatives and regulations which have been on… Continue reading OSHA Plans to Comb the Construction Industry
Category: Construction
Third Circuit Follows Pennsylvania Law – Damage Caused by Faulty Workmanship Does Not Arise From An Occurrence
Tred R. Eyerly – May 1, 2013 The Third Circuit followed Pennsylvania law in determining that damage caused by faulty workmanship did not arise from an occurrence. Zurich Am. Ins. Co. v. R. M. Shoemaker Co., 2013 U.S. App. LEXIS 6093 (3d Cir. March 27, 2013). The County sued R. M. Shoemaker, alleging faulty construction… Continue reading Third Circuit Follows Pennsylvania Law – Damage Caused by Faulty Workmanship Does Not Arise From An Occurrence
North Dakota Court Determines Inadvertent Faulty Workmanship is an “Occurrence”
Tred R. Eyerly – April 24, 2013 Joining what it called the majority of jurisdictions, the North Dakota Supreme Court found that damage caused by faulty workmanship can be an “occurrence.” K&L Homes, Inc. v. Am. Family Mutual Ins. Co., 2013 N.D. LEXIS 61 (N.D. April 5, 2013). The insured, K&L, was a general contractor… Continue reading North Dakota Court Determines Inadvertent Faulty Workmanship is an “Occurrence”
Chipping Away at the Armor of Pay-if-Paid Provisions
Eugene J. Heady – May 3, 2013 In tough economic times it is not surprising to see an increase in subcontractor claims related to unpaid invoices or applications for payment. It is also not surprising that prime contractors increasingly armor plate their subcontracts to shield against subcontractor payment claims when the payment claim arises as… Continue reading Chipping Away at the Armor of Pay-if-Paid Provisions
How to “Win Big” in the Construction Industry
Brian Hill – May 3, 2013 First off, let’s get some very important caveats out of the way. I am not an attorney and this article should not be taken as legal advice whatsoever. In fact, chances are that your construction attorney would advise against anything you are about to read. I’m also fairly certain that your… Continue reading How to “Win Big” in the Construction Industry