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|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...
|ALJ Bullock Issues Claim Construction Order In Certain Antivenom Compositions (337-TA-903)|
Alexander B. Englehart, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
June 13, 2014, previously published on June 5, 2014On June 3, 2014, Chief ALJ Charles E. Bullock issued the public version of Order No. 23 (dated May 21, 2014) in Certain Antivenom Compositions and Products Containing the Same (Inv. No. 337-TA-903). In the Order, ALJ Bullock construed various claim terms in the asserted U.S. Patent No. 8,048,414...
|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...
|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...
|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.
|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...
|No Construction Lien Act (Ontario) Deemed Trust in Bankruptcy|
Sam Babe; Aird & Berlis LLP;
June 11, 2014, previously published on May 28, 2014In his recent decision in Royal Bank of Canada v. Atlas Block Co. Limited, 2014 ONSC 3062 (“Atlas Block”), Justice Penny of the Ontario Superior Court of Justice (Commercial List) held that trust claims pursuant to section 8 of the Construction Lien Act (Ontario) (the “CLA”)...
|“Waters of the U.S.” - A New Definition|
Karin M. Jacoby; Husch Blackwell LLP;
June 11, 2014, previously published on June 10, 2014The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have issued a proposed rule intended to clarify the scope of “waters of the U.S.” protected under the Clean Water Act (CWA) and for which Section 404 permitting by the Corps will apply.
|Public Works Contractors Beware: Starting July 1, 2014, Your Bid Must Include the License Number of Each Listed Subcontractor|
David B. Kuhlman; Procopio, Cory, Hargreaves & Savitch LLP;
June 11, 2014, previously published on May 2014With some exceptions, contracts for public works construction projects in California must be competitively bid and awarded to the lowest responsive and responsible bidder. Generally speaking, a bid is “responsive” only if it promises to do what the public entity’s bid instructions...