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HTMLPublic Policy Limitations on Indemnity for Sole or Partial Negligence
Stephen J. Kelleher; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 18, 2014, previously published on July 7, 2014
Contractors often develop standard contracts for use on a variety of projects, tailored most often to the demands and particular needs of the owner and the project involved. Often these standard contracts include indemnification provisions that require the subcontractor to indemnify the general...

 

HTMLAnti-Indemnification Statutes and Their Impact upon Insuring Indemnification Obligations Versus Those of an Additional Insured
Jay R. Houghton; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 18, 2014, previously published on July 7, 2014
Construction projects are inherently risky endeavors. A myriad of things that can go wrong range from damaging a tree on neighboring property, to the structural failure of a completed building, and the loss of limb or life. One of the most important reasons one enters into a contract while...

 

HTMLAn Overview of the Difference Between Indemnity Obligations and Obligations to Provide Additional Insured Coverage
Smith Currie Hancock LLP;
Legal Alert/Article
July 18, 2014, previously published on July 7, 2014
One of the most important risk-shifting devices in a construction contract is the indemnification provision because it protects one party from financial loss and damages arising from future problems occurring during the project. Indemnification is a promise that one party will make good on any...

 

HTMLISO 2013 Additional Insured Endorsements Revisions - What the Construction Industry Needs to Do
Nicholas H. Ceavers; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 18, 2014, previously published on July 7, 2014
New risks associated with recent revisions to the standard ISO Additional Insured endorsements language have not been addressed by many in the construction industry. Although these revisions occurred in April of 2013, many participants in the construction industry have failed to take adequate...

 

HTMLHomeowners Attempt to "Return to AAS"; Builder Seeks Writ Relief
Andrew M. Morgan; Borton Petrini, LLP;
Legal Alert/Article
July 16, 2014, previously published on Summer 2014
Civil Code section 895 et seq. ("the Act" or "SB800") sets forth construction standards for residential homes sold after January 1, 2003. It makes violation of the standards actionable regardless of whether the violation(s) caused actual property damage, effectively abrogating...

 

HTMLEnforcing and Possibly Escaping Construction Arbitration Clauses
Crighton T. Allen; Hall Booth Smith P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 10, 2014
The use of private arbitration to resolve disputes in the construction industry has, for many years, been a popular alternative to traditional litigation. Perhaps the most attractive feature of arbitration is the degree of control over the dispute resolution process that it affords parties. ...

 

HTMLHong Kong Owner Successfully Appeals Against Conviction under the Air Pollution Control Ordinance
Geoffrey Y. M. Chan, Mei Ling Lew; Mayer Brown JSM;
Legal Alert/Article
July 14, 2014, previously published on July 10, 2014
In the recent case of HKSAR v. Wing Lok Construction & Engineering Co., Ltd. [2014] 2 HKLRD 669, the Court of First Instance allowed an appeal against the conviction of an owner of premises under s.77(2) of the Air Pollution Control Ordinance, Cap. 311 (APCO) for, when carrying out or causing...

 

HTMLSouth Carolina Supreme Court Rules in FOIA Case
Bob Coble; Nexsen Pruet, LLC;
Legal Alert/Article
July 11, 2014, previously published on July 1, 2014
The South Carolina Supreme Court recently issued an opinion in Lambries v Saluda County Council.

 

HTMLSBA Increases Small Business Size Standards for Construction
Stephen J. Kelleher, Steven L. Reed, Alan I. Saltman; Smith, Currie & Hancock LLP;
Legal Alert/Article
July 9, 2014, previously published on June 19, 2014
In an interim rule published June 12, 2014, effective July 14, 2014, the Small Business Administration has updated its revenue based size standards for small businesses. Citing the need to adjust the size standards due to inflation at least once every five years, SBA made the first adjustment to...

 

HTMLQuorum Call - NLRB Pursues Pro-Union Agenda
Kerry P. Hastings; Taft Stettinius & Hollister LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
Now that the National Labor Relations Board ("NLRB") has a quorum (meaning that at least three of the five NLRB members have been properly appointed) and the Senate changed the filibuster rules, the board is free to pursue the pro-union agenda that was thwarted by the NLRB’s quorum...

 


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