Jason L. Cagle – June 6, 2014 In a case involving foundation repairs to a residence, the Texas Supreme Court addressed the question of whether the implied warranty for good and workmanlike repair of tangible goods or property can be disclaimed or superseded. The Court held that the implied warranty cannot be disclaimed, but it… Continue reading Superseding the Implied Warranty of Good and Workmanlike Repair in Texas
Lifting the Veil on Asbestos Trust Claims
Offensive Odors and the Pollution Exclusion
Kenneth Kan – June 4, 2014 This blog may appeal to fans (I being one of them) of the almost ubiquitous Sriracha hot sauce. Sriracha has been in the news as of late and is in the center of a controversy over spicy odors emanating from its factory in Irwindale, California where the condiment is produced.… Continue reading Offensive Odors and the Pollution Exclusion
Florida Construction Liens: Payment Bonds
W. Mason – June 9, 2014 Owners of real property in Florida can exempt their property from all future liens at the outset of construction by requiring their general contractor to post a payment bond pursuant to Fla. Stat. § 713.23 or 713.245 before construction begins. In general a payment bond is contract among the… Continue reading Florida Construction Liens: Payment Bonds
OSHA Cites Company in Workers’ Deaths
June 7, 2014 The U.S. Labor Department’s Occupational Safety and Health Administration has cited Halmar International for two serious violations of workplace safety standards in connection with the deaths of two workers and injuries to a third. Construction worker Timothy Lang, 53, of Saugerties, was killed Dec. 2 when a concrete wall fell on him… Continue reading OSHA Cites Company in Workers’ Deaths