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Documents on Construction Law, Construction
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|Supreme Court Of New Jersey Holds That Cardiovascular Death Is Not Compensable.|
Angela Y. DeMary; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 29, 2014, previously published on October 1, 2014The New Jersey Supreme Court reiterated that there remains a heightened standard of proof and causation for cardiovascular claims. The Supreme Court opined in Rennerr/i> that the decedent husband/petitioner failed to sustain his burden of proving a compensable cardiovascular death.
|Implied Warranty Of Habitability Owed By A Home Builder To A Residential Purchaser Of A New Home Does Not Extend To The Subsequent Purchaser Of The Home.|
Timothy G. Ventura; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 29, 2014, previously published on October 1, 2014Residential purchasers of a three-year-old home brought a claim against the builder of the home for breach of the implied warranty of habitability upon discovering water infiltration and latent construction defects. However, they were not in contractual privity with the builder; rather, they had...
|California Appellate Court Rules That California’s Prevailing Wage Laws Do Not Apply to Off-Site Fabrication|
Robert R. Roginson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
September 26, 2014, previously published on September 19, 2014On August 27, 2014, the California Court of Appeal issued its decision in the long-anticipated Russ-Will case, Sheet Metal Workers’ International Association, Local 104 v. Duncan; Russ Will Mechanical, Inc., Court of Appeal of the State of California, First Appellate District, Division Three,...
|Identification of Public Project Payment Bond Claimants|
Harry Z. Rippeon; Smith, Currie & Hancock LLP;
September 24, 2014, previously published on September 17, 2014Prime contractors working on public projects are often required to provide a payment bond to ensure adequate financial protection for those subcontractors and suppliers providing labor, materials, equipment, or other services. For federal government projects, this requirement is contained in the...
|Montgomery County Considers Adoption of Amended Version of 2012 International Green Construction Code|
Stuart R. Barr; Lerch Early Brewer Chartered;
September 5, 2014, previously published on September 2, 2014Montgomery County now is proposing to do what the state of Maryland did in March 2011 ¿ adopt the International Green Construction Code (IgCC). The IgCC is a model code created by the International Code Council that provides minimum requirements to safeguard the environment, public health,...
|Procedural Differences for Claims on Standard Form Performance and Payment Bonds|
Jonathan R. Mayo; Smith, Currie & Hancock LLP;
September 5, 2014, previously published on September 2, 2014Construction suretyship is a three-part relationship in which a surety provides performance and payment bonds guarantying the performance of a contractor to an owner and the contractor’s subcontractors and suppliers. A contractor may also demand performance and payment bonds from its...
|Enough with the COFEDs!|
September 5, 2014, previously published by Subcontractors News on September 2014Much is being observed today regarding how one-sided basic contract language has become in the construction industry. This occurs at all levels: between owner/developers and their CM/GCs; CM/GCs and their subcontractors; and among subcontractors and their second tier specialty trade...
|Tips and Updates Related to Construction Contracts|
Matthew H. Hanka; Fryberger, Buchanan, Smith & Frederick, P.A.;
September 3, 2014, previously published on August 28, 2014This summer promises to be a busy one for local construction projects. Commercial and residential projects are rapidly increasing in number. And, regardless of whether you are involved in a large commercial project, or looking to update or build a new home, the following practical tips and...
|Shafer Electric & Construction v. Mantia: PA Supreme Court Holds That Noncompliance with the Home Improvement Consumer Protection Act Does Not Entitle Homeowners to Free Work|
Matthew L. Erlanger, Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
September 2, 2014, previously published on August 21, 2014Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the contractor’s home improvement contractor registration...
|Precedent Setting Case: Standard Exclusion in Course of Construction Insurance Policy Interpreted for First Time|
Lauren Kristjanson, Grant H. Mayovsky, David Miachika, Christopher J. O'Connor; Borden Ladner Gervais LLP;
August 29, 2014, previously published on August 25, 2014Acciona Infrastructure Canada Inc.v. Allianz Global Risks US Insurance Company, 2014 BCSC 1568 ¿ Builders Risk (Course of Construction) Policy; LEG2/96 Defects Exclusion Interpreted; Fortuity and Damage Requirements Clarified