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|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...
|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...
|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...
|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.
|Indemnification Agreements and Insured Contracts: Why Your Business or Insurer Might Owe a Defense and Indemnity|
Glen A. Murphy; Spilman Thomas & Battle, PLLC;
June 6, 2014, previously published on May 27, 2014The purpose of this article is to address potential issues and concerns that may arise between General Contractors (“GC”), Subcontractors (the “Sub”) and their insurers when claims by outside parties (also known as third-parties) for bodily injury or property damage may...
|Insurer Sues Chicago for Failure to Prevent Damages From Climate Change|
Nancy W. McBrady; Preti, Flaherty, Beliveau & Pachios, LLP;
June 6, 2014, previously published on May 20, 2014On April 16, 2014, Illinois Famer's Insurance Co. filed a class action lawsuit against the City of Chicago and surrounding municipalities claiming damages relating to the failure by the municipalities to adequately prevent flooding resulting from climate change. This suit could spell a shift not...
|Construction Ahead: How Our Construction Industry is Fueled by the Energy Environment|
Stephanie U. Roberts; Spilman Thomas & Battle, PLLC;
June 6, 2014, previously published on May 27, 2014The goal of the report was to “understand the factors that are likely to influence the U.S. energy environment in the future, and create strategies for its management.” The forward-looking report focused on what the U.S. would look like in 2020 based on changes to the energy...
|No Lawsuit for You! When Subcontractors Cannot Sue the General Contractor|
Kevin M. Eddy; Spilman Thomas & Battle, PLLC;
June 6, 2014, previously published on May 27, 2014Can a subcontractor sue a general contractor over a work site accident? A recent decision by the Pennsylvania Supreme Court loudly and clearly said, "NO." Why not? The court ruled in Patton v. Worthington Associations, Inc. that Pennsylvania’s long-standing “statutory...
|Say What??!! When is There an Enforceable Agreement in the Subcontractor Bidding Process?|
Gerald E. (Gee) Lofstead, III; Spilman Thomas Battle PLLC;
June 6, 2014, previously published on May 28, 2014A major development and infrastructure project is announced that will provide significant work to a construction manager, general contractor (“GC”), and many subcontractors (“Sub”) across the building trades. The architect and project developer have issued the request for...