David Erickson and Mark Anstoetter – July 13, 2012 The Ninth Circuit Court of Appeals has upheld energy-efficiency provisions in Washington state’s building code under a preemption-exemption provision in the Energy Policy and Conservation Act (EPCA). Bldg. Indus. Ass’n of Wash. v. Wash. State Bldg. Code Council, No. 11-35207 (9th Cir. 6/25/12). The panel’s unanimous… Continue reading Ninth Circuit Upholds State Building Code Provision under EPCA Preemption Exemption
Category: Construction
No More Opting Out of Rule for Renovation of Buildings Containing Lead Paint
Jennifer Sulla – July 17, 2012 On June 22, 2012, the US Court of Appeals for the DC Circuit upheld the US Environmental Protection Agency’s (EPA) removal of the opt-out provision for work that disturbs lead-based paint in pre-1978 housing. The opt-out provision would have allowed those homeowners who certified that there were no children… Continue reading No More Opting Out of Rule for Renovation of Buildings Containing Lead Paint
Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims
Edward Lozowicki and Scott A. Vignos – June 19, 2012 Can a supplier of construction materials be considered a “subcontractor” for purposes of enforcing its claim on a public works payment bond? The answer is “yes” according to a recent decision of the California Court of Appeal. In Eggers Industries v. Flintco, Inc., et al.,… Continue reading Court Broadly Defines Subcontractors Who Qualify For Payment Bond Claims
XL Group Introduces New Subcontractor Performance Risk Mitigation Programs
Insurance News – July 17, 2012 To help contractors minimize subcontractor performance risks, the North America Construction insurance unit of XL Group plc (NYSE: XL) today announced two new subcontractor prequalification programs, through strategic partnerships with Houston-based SureTec Information Systems, Inc. and ConstructSecure, a Marlborough, Massachusetts-based construction technology firm. The programs provide independent evaluations of… Continue reading XL Group Introduces New Subcontractor Performance Risk Mitigation Programs
The Drywall Dilemma: Lessons Learned from the School of Finish Failures
Burt Olhiser – June 21, 2012 The following is the first installment of a two-part discussion of a number of failure-analysis projects that involve an industry standard that itself has failed to some degree, though perhaps through no fault of the intent of the standard or the undoubted good intentions of its authors. In reality,… Continue reading The Drywall Dilemma: Lessons Learned from the School of Finish Failures