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|“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.
|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...
|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...
|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...
|Congress Passes Water Resources Bill Encouraging Public-Private Partnerships for Water Supply and Treatment Construction Projects|
Kent W. Collier, Lee C. Davis, Nkoyo-Ene Effiong; Sutherland Asbill & Brennan LLP;
June 6, 2014, previously published on May 23, 2014Water infrastructure projects across the nation may soon have access to innovative financing programs and increased public-private partnership (P3) opportunities. House Bill 3080 (2013) or the Water Resources Reform and Development Act (WRRDA), passed the U.S. Senate on May 22 by a vote of 91 to 7....
|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...
|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...
|ContrACTUAL Liability: Challenges and Considerations an Indemnitee May Face by Failing to Allow an Indemnitor to Participate in Settlement|
Dara Jebrock; Rumberger, Kirk & Caldwell Professional Association;
June 2, 2014, previously published on May 28, 2014Construction defect litigation often involves a number of parties and cross and third-party claims, stemming from a host of claimed construction, design and development defects at any given site. A number of factors are considered by a party when determining whether to settle a claim in a...
|Evidence of Failure To Comply With Safety Regulations Not Enough for Intentional Tort Claim in Ohio|
Sutherland Asbill Brennan LLP;
June 2, 2014, previously published on May 27, 2014The U.S. District Court for the Southern District of Ohio dismissed an employer intentional tort claim, finding that the plaintiff failed to present evidence that the defendant was his employer or that the defendant acted with specific intent. The plaintiff, a subcontractor on a construction site...
|"Excusable Neglect" is a Real Standard Requiring Real Evidence|
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
May 30, 2014, previously published on May 12, 2014In Garcia v. Ball, Plaintiff Garcia obtained a $522,400 default judgment against Defendant Ball. Plaintiff filed his petition for damages in excess of $75,000 on May 5, 2011 and served defendant on May 17. On July 7, plaintiff sent notice that in the event of default, plaintiff would seek judgment...