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|Ohio’s Vacant (Dinosaur) Buildings are not Extinct-Incentives Available to Create Jurassic Building Parks|
Kohrman Jackson Krantz PLL;
June 18, 2014, previously published on June 9, 2014When I think of old, vacant industrial buildings, I see opportunities vs. eyesores. Brick and block is a far better insulator than thin-skinned metal siding, and certainly adds character to the exterior appearance as well. Often, floors are 6’’ level concrete, spans (between columns)...
|Additional Insured Certificates: What Do They Mean?|
James R. Harvey; Vandeventer Black LLP;
June 17, 2014, previously published on June 2014Shifting the significant risk of loss is a basic part of construction contracting. Contractors are familiar with requirements to provide proof of insurance and to name the owner, architect and general contractor as an additional insured on the commercial general liability policy. Most parties...
|Will Your Independent Contractors Come Back to Haunt You? Illinois Supreme Court Upholds the Illinois Employee Classification Act|
Joseph F. Spitzzeri; Johnson & Bell, Ltd.;
June 17, 2014, previously published on June 2014On May 27, 2014 the Illinois Supreme Court issued a modified opinion in Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). The case involved constitutional challenges to the Illinois Employee Classification Act, 820 ILCS 185/1 et seq. The opinion should give pause to any company employing independent...
|Kentucky Federal Court Grants Summary Judgment to Asphalt Kettle Manufacturer Following Worker’s Death|
Sutherland Asbill Brennan LLP;
June 17, 2014, previously published on June 14, 2014Following an explosion of an asphalt kettle that severely injured an employee of a roofing contractor working on a public school project, the worker subsequently died from a pain medication overdose and his estate brought suit against the asphalt kettle manufacturer alleging design defect, failure...
|The Most Dangerous Item On A Construction Site?|
George M. Nicholos; Vandeventer Black LLP;
June 17, 2014, previously published on June 2014What is the most dangerous item on a construction worksite? You might guess heavy machinery, cranes, or careless construction workers? But you would be wrong, because ironically the most dangerous item on the construction worksite is made entirely of paper. And that paper comes in the form of...
|Risk Busters Additional Insured Coverage And The Peril of Relying On Certificates of Insurance|
Matthew M. Hennesy; Barley Snyder;
June 13, 2014, previously published on June 2014One way owners and contractors can help manage the risks inherent in a construction project is by requiring that downstream contractors and subcontractors add them as an additional insured under their liability policies. Being added as an additional insured will provide owners and contractors with...
|Property Tax Assessments: Should You Appeal?|
Jeremy D. Frey; Barley Snyder;
June 13, 2014, previously published on June 2014Do you want to lower your property taxes? Would it surprise you to learn that you could do so at little to no net cost? There may be an opportunity to do exactly this if your property is currently assessed too high. Your property’s tax assessment forms the basis for all of your real estate...
|Contract Immunity Under “Statutory Employer Doctrine” Reaffirmed|
Ronald H. Pollock; Barley Snyder;
June 13, 2014, previously published on June 2014As parties involved in construction projects which have involved injuries to an employee of a subcontractor are aware, Pennsylvania law grants immunity to general contractors from personal injury lawsuits by injured employees of their subcontractors.
|Indiana Appellate Court Affirms Summary Judgment to General Contractor Where No Duty Existed Over Subcontractor’s Worker|
Sutherland Asbill Brennan LLP;
June 13, 2014, previously published on June 9, 2014The Indiana Court of Appeals affirmed a trial court’s grant of summary judgment to a general construction manager of a project after concluding the construction manager owed no duty of care to a subcontractor’s pipefitter. The worker was injured when he fell through a sheet of composite...
|Pennsylvania House and Senate Pass Bills to Ease Construction Lending|
Derek P. Dissinger; Barley Snyder;
June 13, 2014, previously published on June 2014Over the past two years following the Pennsylvania Superior Court’s decision in Commerce Bank/Harrisburg, N.A. v. Kessler, title insurance agencies and banks have wrestled with how to handle the issue of mechanic’s liens and construction financing. Mortgages that finance construction...