Benton T. Wheatley & Jessica Neufeld – April 18, 2012 In construction cases, owners must often deal with claims made against it by contractors, despite the fact that the claim may really be a design professional’s fault. Common contracts may also prevent all three parties — contractor, owner, and design professional — from resolving the… Continue reading A Case for Expanding the Use of Pass-Through Claims
Category: Construction
OSHA Extends Enforcement Measures in Residential Construction
Clair E. Wischusen – April 18, 2012 Occupational Safety Health and Administration (OSHA) will extend its temporary enforcement measures in residential construction for an additional six months. Originally set to expire on March 15, 2012, the temporary enforcement measures have been extended through September 15, 2012. The following general policy guidance is to be followed… Continue reading OSHA Extends Enforcement Measures in Residential Construction
Late Bids/Proposals
Jay R. Houghton – April 6, 2012 Proposing or bidding on federal government contracts requires that a contractor strictly comply with multiple regulations, as well as the requirements stated in the agency’s solicitation (“RFP” or “IFB”). If a contractor fails to do so, the likely result is that the expensive and time consuming proposal effort… Continue reading Late Bids/Proposals
Contractual Indemnity
Hubert J. “Hugh” Bell, Jr. – April 6, 2012 Two recent decisions by Georgia appellate courts have addressed the issue of contractual indemnity. The Supreme Court of Georgia in the Kennedy Dev. Co., Inc. v. Camp, 290 Ga. 257 (2011) found that an indemnity provision in an assignment and assumption agreement was unenforceable. Kennedy, the… Continue reading Contractual Indemnity
FINALLY, a CD Coverage Case in New York!!
Aquatectonics, Inc. d/b/a Loebs & Gordon PoolCraft v. The Hartford Casualty Insurance Company Well, the attack on insureds via the restrictive definition of “occurrence” (a true double edged sword for carriers), continues to march forward this time right into the Empire State, a jurisdiction not known for a plethora of CD cases nor coverage opinions… Continue reading FINALLY, a CD Coverage Case in New York!!