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|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.
|Prevailing-party Agents Entitled to Attorney's Fees|
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
March 13, 2015, previously published on February 9, 2015In Curo Enterprises, LLC v. Dunes Residential Services, Inc., No. 111,191, 2015 Kan. App. LEXIS 1 (Kan.App. January 2, 2015), Curo, in its capacity as DPW’s agent, brought suit against Dunes, in its capacity as DPW’s property manager, in order to terminate DPW’s agreement with...
|Insurance Coverage for Damaged NYC Tower Crane|
Stanley A. Martin; Duane Morris LLP;
March 13, 2015, previously published on January 26, 2015Readers will recall photos of a tower crane damaged by Hurricane Sandy. Construction of the NYC high-rise building known as One57 was underway when the crane was lashed by hurricane-force winds. The crane jib was apparently blown backwards, and ended up dangling over the counterweight almost 1,000...
|Updates to OSHA's Recordkeeping Rule|
Jose A. Aquino; Duane Morris LLP;
March 13, 2015, previously published on January 9, 2015Under the Occupational Safety and Health Administration's (OSHA) Recordkeeping regulation (29 CFR 1904) covered employers are required to prepare and maintain records of serious occupational injuries and illnesses. Revisions to the OSHA reporting requirements went into effect on January 1, 2015....
|California Supreme Court Alert|
Gwenn Scott, Chad S. Tapp; Porter Scott A Professional Corporation;
March 10, 2015On July 21, 2008, the California Supreme Court decided an important case regarding a subcontractor’s duty to defend a general contractor in a construction defect lawsuit. Although this case was decided in the context of the construction industry, the implications of the decision are much...
|Design, Build, Insure: What a B.C. Court Case Means For Your Construction Clients|
Lauren Kristjanson, Grant H. Mayovsky, David Miachika; Borden Ladner Gervais LLP;
March 9, 2015, previously published on January 09, 2015A recent court case in British Columbia interprets, for the first time, a standard exclusion clause in a standard construction policy, potentially setting a precedent that brokers and insurers throughout Canada should note. In Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance...
|Bill 26: An Act To Ensure Mainly The Recovery Of Amounts Obtained As A Result Of Fraud Or Fraudulent Tactics In Connection With Public Contracts|
Yvan Houle; Borden Ladner Gervais LLP;
March 9, 2015, previously published on January 07, 2015The Quebec government recently introduced Bill 26 titled the Act to ensure mainly the recovery of amounts obtained as a result of fraud or fraudulent tactics in connection with public contracts which is an extension of its attempts to clean up the construction industry in the wake of the troubling...
|The Right to Stop Work - looking behind the headlines of the Kiewit-Turner decision|
Timothy W. Gordon; Holland & Hart LLP;
March 6, 2015, previously published on December 10, 2014On December 9, 2014, a three-member panel of the Civilian Board of Contract Appeals ("CBCA") ruled that Kiewit-Turner, a Joint Venture ("KT"), could rightfully stop work on the Aurora VA hospital project. Kiewit-Turner, a Joint Venture v. Dept. of Veterans Affairs, CBCA 3450....
|Public Entities Beware: Construction Retentions Are Not Insurance Policies|
Mandy L. Jeffcoach; McCormick, Barstow, Sheppard, Wayte & Carruth LLP;
March 5, 2015Retentions withheld on public contracts have historically been used as a mechanism to protect the public entity from disputes that may arise from its contract with a contractor, whether such disputes related to extra work or defective work. A public entity’s ability to withhold retentions was...
|Fourth District Reverses Lower Court Ruling in Construction Defect Litigation|
John R. Clifford, Edward P. Garson, Gregory D. Hagen, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 5, 2015, previously published on February 18, 2015On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586.