Stanley Martin – September 10, 2013 The AIA A201 General Conditions posit the architect’s decision on a claim as a condition precedent to arbitration of that claim. A recent New York appellate decision demonstrates why this clause, employed as a roadblock many years after the dispute arose, should be modified by the AIA. In 2013,… Continue reading Conditions Precedent To Dispute Resolution: A Help Or A Hindrance?
A Cautionary Insurance Tale for Project Owners
Stan Martin – September 4, 2013 The contractor’s excavator digging the foundation for a new building undermines the abutting building, which collapses, and a worker is injured. In the subsequent lawsuits, one by the abutter and one by the injured worker, the project owner tenders the defense to its GL carrier. The carrier eventually gets… Continue reading A Cautionary Insurance Tale for Project Owners
New Jersey Mediation Settlements Must Be Reduced to Writing
Robert Trautman – September 8, 2013 Most people battling their insurance carrier over Hurricane Sandy claims have received a notice that they are entitled to participate in a nonbinding mediation process set up by the Department of Banking and Insurance. A recent New Jersey Supreme Court ruling mandates that any settlement reached in this or… Continue reading New Jersey Mediation Settlements Must Be Reduced to Writing
How Mold Enters a Property & Steps to Prevent it from Becoming a Problem on Environmental Expert
Cochrane & Associates, LLC – September 3, 2013 Today, most people recognize that working, going to school or living in an indoor environment with high levels of mold can lead to health issues. Although mold growth often follows a water damaging event, most people are unaware of how mold enters a building in the first… Continue reading How Mold Enters a Property & Steps to Prevent it from Becoming a Problem on Environmental Expert
Oregon OSHA Restarts Rulemaking On Confined Space Entry
Albany Tribune – September 5, 2013 The Oregon Occupational Safety and Health Division (Oregon OSHA) is withdrawing the state-initiated confined space rule the agency adopted in September 2012. Employers need to comply with the pre-existing federal rules in general industry, as well as the limited construction requirements previously in place. To develop a new proposal,… Continue reading Oregon OSHA Restarts Rulemaking On Confined Space Entry