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|Updates to OSHA's Recordkeeping Rule|
Jose A. Aquino; Duane Morris LLP;
March 13, 2015, previously published on January 9, 2015Under the Occupational Safety and Health Administration's (OSHA) Recordkeeping regulation (29 CFR 1904) covered employers are required to prepare and maintain records of serious occupational injuries and illnesses. Revisions to the OSHA reporting requirements went into effect on January 1, 2015....
|Defense to Government Position is Not a Claim Subject to Contract Disputes Act|
Stanley A. Martin; Duane Morris LLP;
March 13, 2015, previously published on January 29, 2015The government claims a contractor's work is defective. The contractor says in defense that problems are due to design deficiencies and not construction errors. Is the contractor's position a "claim" subject to the Contract Disputes Act (CDA)? The U.S. Federal Court of Claims says no.
|California Supreme Court Alert|
Gwenn Scott, Chad S. Tapp; Porter Scott A Professional Corporation;
March 10, 2015On July 21, 2008, the California Supreme Court decided an important case regarding a subcontractor’s duty to defend a general contractor in a construction defect lawsuit. Although this case was decided in the context of the construction industry, the implications of the decision are much...
|Design, Build, Insure: What a B.C. Court Case Means For Your Construction Clients|
Lauren Kristjanson, Grant H. Mayovsky, David Miachika; Borden Ladner Gervais LLP;
March 9, 2015, previously published on January 09, 2015A recent court case in British Columbia interprets, for the first time, a standard exclusion clause in a standard construction policy, potentially setting a precedent that brokers and insurers throughout Canada should note. In Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance...
|Bill 26: An Act To Ensure Mainly The Recovery Of Amounts Obtained As A Result Of Fraud Or Fraudulent Tactics In Connection With Public Contracts|
Yvan Houle; Borden Ladner Gervais LLP;
March 9, 2015, previously published on January 07, 2015The Quebec government recently introduced Bill 26 titled the Act to ensure mainly the recovery of amounts obtained as a result of fraud or fraudulent tactics in connection with public contracts which is an extension of its attempts to clean up the construction industry in the wake of the troubling...
|The Right to Stop Work - looking behind the headlines of the Kiewit-Turner decision|
Timothy W. Gordon; Holland & Hart LLP;
March 6, 2015, previously published on December 10, 2014On December 9, 2014, a three-member panel of the Civilian Board of Contract Appeals ("CBCA") ruled that Kiewit-Turner, a Joint Venture ("KT"), could rightfully stop work on the Aurora VA hospital project. Kiewit-Turner, a Joint Venture v. Dept. of Veterans Affairs, CBCA 3450....
|Fourth District Reverses Lower Court Ruling in Construction Defect Litigation|
John R. Clifford, Edward P. Garson, Gregory D. Hagen, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 5, 2015, previously published on February 18, 2015On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586.
|Public Entities Beware: Construction Retentions Are Not Insurance Policies|
Mandy L. Jeffcoach; McCormick, Barstow, Sheppard, Wayte & Carruth LLP;
March 5, 2015Retentions withheld on public contracts have historically been used as a mechanism to protect the public entity from disputes that may arise from its contract with a contractor, whether such disputes related to extra work or defective work. A public entity’s ability to withhold retentions was...
|Construction (Design and Management) Regulations 2015|
Paul Brecknell; Withers Bergman LLP;
March 4, 2015, previously published on February 25, 2015The current health and safety regime for construction projects, the CDM Regulations 2007, are changing and, subject to Government approval, will be revoked and replaced with the new Construction (Design and Management) Regulations 2015 (CDM 2015) on 6 April 2015. CDM 2015 will apply to all...
|If you are omitting works or amending your contract, watch out!|
Paul Brecknell; Withers Bergman LLP;
March 4, 2015, previously published on February 25, 2015You want to undertake works and you appoint a contractor. You then change your mind, and decide to omit some of the works or amend the contract. You will need to consider whether this has an impact on other contractual provisions. In a recent case, the court has ruled that a commercially agreed...