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HTMLKentucky Federal Court Grants Summary Judgment to Asphalt Kettle Manufacturer Following Worker’s Death
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 17, 2014, previously published on June 14, 2014
Following 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...

 

HTMLALJ 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.;
Legal Alert/Article
June 13, 2014, previously published on June 5, 2014
On 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...

 

HTMLRisk Busters Additional Insured Coverage And The Peril of Relying On Certificates of Insurance
Matthew M. Hennesy; Barley Snyder;
Legal Alert/Article
June 13, 2014, previously published on June 2014
One 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...

 

HTMLProperty Tax Assessments: Should You Appeal?
Jeremy D. Frey; Barley Snyder;
Legal Alert/Article
June 13, 2014, previously published on June 2014
Do 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...

 

HTMLIndiana Appellate Court Affirms Summary Judgment to General Contractor Where No Duty Existed Over Subcontractor’s Worker
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 13, 2014, previously published on June 9, 2014
The 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...

 

HTMLContract Immunity Under “Statutory Employer Doctrine” Reaffirmed
Ronald H. Pollock; Barley Snyder;
Legal Alert/Article
June 13, 2014, previously published on June 2014
As 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.

 

HTMLPennsylvania House and Senate Pass Bills to Ease Construction Lending
Derek P. Dissinger; Barley Snyder;
Legal Alert/Article
June 13, 2014, previously published on June 2014
Over 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...

 

Adobe PDFNo Construction Lien Act (Ontario) Deemed Trust in Bankruptcy
Sam Babe; Aird & Berlis LLP;
Legal Alert/Article
June 11, 2014, previously published on May 28, 2014
In 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”)...

 

HTML“Waters of the U.S.” - A New Definition
Karin M. Jacoby; Husch Blackwell LLP;
Legal Alert/Article
June 11, 2014, previously published on June 10, 2014
The 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.

 

Adobe PDFPublic 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;
Legal Alert/Article
June 11, 2014, previously published on May 2014
With 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...

 


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