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HTMLDefense to Government Position is Not a Claim Subject to Contract Disputes Act
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 29, 2015
The 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.


HTMLPrevailing-party Agents Entitled to Attorney's Fees
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
March 13, 2015, previously published on February 9, 2015
In 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...


HTMLInsurance Coverage for Damaged NYC Tower Crane
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 26, 2015
Readers 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...


HTMLUpdates to OSHA's Recordkeeping Rule
Jose A. Aquino; Duane Morris LLP;
Legal Alert/Article
March 13, 2015, previously published on January 9, 2015
Under 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....


HTMLCalifornia Supreme Court Alert
Gwenn Scott, Chad S. Tapp; Porter Scott A Professional Corporation;
Legal Alert/Article
March 10, 2015
On 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...


HTMLDesign, Build, Insure: What a B.C. Court Case Means For Your Construction Clients
Lauren Kristjanson, Grant H. Mayovsky, David Miachika; Borden Ladner Gervais LLP;
Legal Alert/Article
March 9, 2015, previously published on January 09, 2015
A 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...


HTMLBill 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;
Legal Alert/Article
March 9, 2015, previously published on January 07, 2015
The 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...


HTMLThe Right to Stop Work - looking behind the headlines of the Kiewit-Turner decision
Timothy W. Gordon; Holland & Hart LLP;
Legal Alert/Article
March 6, 2015, previously published on December 10, 2014
On 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....


HTMLPublic Entities Beware: Construction Retentions Are Not Insurance Policies
Mandy L. Jeffcoach; McCormick, Barstow, Sheppard, Wayte & Carruth LLP;
Legal Alert/Article
March 5, 2015
Retentions 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...


HTMLFourth 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;
Legal Alert/Article
March 5, 2015, previously published on February 18, 2015
On 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.


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