Julie Patel – July 18, 2012 State Farm policyholders with pending claims in Broward and Palm Beach counties could have a harder time getting reimbursed for repairs to their property. In a ruling today, an appellate court sided with State Farm and a lower court’s decision that a claim filed by policyholders Sheila and William… Continue reading Bad News for Some State Farm Customers with Pending Claims
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
Ninth Circuit Upholds State Building Code Provision under EPCA Preemption Exemption
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
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