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|“What’s in Your Contract?”|
Herschel V. Keller; Gentry Locke Rakes & Moore, LLP;
March 24, 2015“Except in the middle of the battlefield, nowhere must men coordinate movement of other men and all materials in the midst of such chaos and with such limited certainty of present facts and future occurrences as in a huge construction project . . .”
|CGL Exclusions for Contractual Liability - The Existence of a Contract Does Not Dictate the Exclusion|
Michael A. Hodgins; Bernstein Shur;
March 20, 2015, previously published on February 26, 2015Just when contractors think they have insurance coverage for a claim under their Commercial General Liability policy, they find they do not, often because of the application of one of many policy exclusions. Contractors are understandably confused. Sometimes these policy exclusions can prove...
|Rhode Island - You Get One, and Only One, Bite at the Apple|
Michael R. Bosse; Bernstein Shur;
March 20, 2015, previously published on February 26, 2015A recent Rhode Island case reminds us that, in litigation, you usually only get one bite at the apple. In Torrado Architects v. Rhode Island Department of Human Services, decided November 25, 2014, Torrado was denied the ability to conduct a second binding arbitration after the first one was...
|Economic Loss Doctrine Applied In Construction Case|
Asha Echeverria; Bernstein Shur;
March 20, 2015, previously published on February 26, 2015In Arundel Valley, LLC v. Branch River Plastics, Inc., BCD-CV-13-15 (Me. Super. Ct. Nov. 4, 2014), the Maine Superior Court delves into and brings some clarity to the murky world of the economic loss doctrine. Under Maine law, the economic loss doctrine states that absent personal injury or...
|President Orders Federally Funded Construction Projects To Plan For Flood Risks From Climate Change|
Jose A. Aquino; Duane Morris LLP;
March 18, 2015, previously published on February 2, 2015On January 30, 2015, President Barack Obama signed an executive order requiring all federally funded construction projects to take into account flood risks linked to climate change.
|Mechanic’s Lien Amount Shall Not Include Attorneys’ Fees|
Stanley A. Martin; Duane Morris LLP;
March 18, 2015, previously published on February 4, 2015The Utah Supreme Court has held that a mechanic’s lien does not include attorneys’ fees incurred by a contractor even when the lien statute allows recovery of reasonable legal fees. The court distinguished between the right to recover attorneys’ fees, and the amounts that could be...
|Buying Generic for Louisiana Public Works Act Projects|
Steven Boutwell, Jessica C. Engler; Kean Miller LLP;
March 17, 2015, previously published on January 16, 2015In public bid projects, it is not uncommon to see project specifications that specify particular brands “or their equivalent.” Louisiana law prohibits the use of name-brand specifications, known as “closed specifications,” so the propriety of these specifications is...
|Design Build Is A Distant Reality Under Louisiana’s Public Bid Law|
Steven Boutwell, Mallory S. McKnight; Kean Miller LLP;
March 17, 2015, previously published on February 17, 2015Under the “design-build” construction method, the property owner enters into one contract with a single entity that provides the owner with both design and construction services. The advantages of “design-build” include faster construction and delivery, slower cost and...
|OSHA Fines Contractor $511,000 for Failing to Provide Fall Protection Resulting in Worker Fatality|
William H. Baaki; Goldberg Segalla LLP;
March 16, 2015, previously published on February 13, 2015On July 25, 2014, a 22-year-old apprentice ironworker in Kansas City, Missouri was standing on a 9-inch-wide steel girder on a building under construction and fell more than 30 feet to his death. In its citation dated January 21, 2015, OSHA cited the employer structural steel company for seven...
|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.