Is It Time to Digitize Safety?
October 24, 2022 —
Peter Grant - Construction ExecutiveIt’s valid to ask whether digitizing a safety program actually makes companies safer. Here is what the data says.
All contractors face unique risks that call for custom safety measures. But they also face a handful of similar challenges in this area—including time-consuming paperwork, scattered documentation, as well as a lack of visibility into safety performance.
A new report from Foresight Commercial Insurance, “The State of Safety in High Hazard Work Environments,” offers insights into companies’ safety struggles and points to possible solutions. Based on a survey of workers from high-risk industries like construction, the report outlines challenges that are painfully familiar. For example, four out of 10 respondents reported that they have felt pressured to work unsafely in order to complete tasks more quickly or to meet upcoming deadlines.
Reprinted courtesy of
Peter Grant, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Commercial Construction Heating Up
November 20, 2013 —
CDJ STAFFThe Motley Fool suggests that commercial construction is the next hot sector. Their analysis is that lag time between a rise in residential construction and commercial construction is just about over. “Industry surveys and construction data are suggestion that commercial construction could be about to turn.”
Among the indicators are increased billing by architects for commercial projects. With the exception of December 2012, with a strong slump in residential work, commercial projects lagged below residential projects from June 2012 until June 2013.
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Kadeejah Kelly Named to The National Black Lawyers’ “Top 40 Under 40” List
October 17, 2022 —
Lewis BrisboisNew York, N.Y. (October 6, 2022) – New York Associate
Kadeejah J. Kelly was recently named to The National Black Lawyers (NBL) “Top 40 Under 40” list.
The NBL “Top 40 Under 40” recognizes the most talented black attorneys under the age of 40 who have an outstanding reputation among peers, the judiciary and the public. The honorees on this list are nominated from leading lawyers, current members, and Executive Committee members.
Ms. Kelly is a member of the General Liability and Professional Liability Practices. She has extensive experience defending owners, contractors, developers and corporations in high exposure construction cases including New York Labor Law matters, premises liability and construction defect claims. She also has experience defending malpractice claims against attorneys, accountants, architects, engineers, funeral home directors and other miscellaneous professionals.
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Lewis Brisbois
Product Liability Alert: Evidence of Apportionment of Fault Admissible in Strict Products Liability Action
March 26, 2014 —
R. Bryan Martin and Kristian B. Moriarty - Haight Brown & Bonesteel LLPIn Romine v. Johnson Controls, Inc. (No. B239761, filed March 17, 2014), the California Court of Appeal for the Second District held that a trial court must permit a defendant, in a products liability action, to present evidence of apportionment of fault among settling and non-settling entities. The case involved an automobile collision in which the plaintiff was struck from behind, causing the driver’s seat to recline and propel plaintiff into the back seat where she struck her head. Plaintiff was left quadriplegic as a result.
Plaintiff brought suit against the driver who caused the accident, the Nissan entities who manufactured the car plaintiff was driving, Johnson Controls, Inc. (“Johnson”), Ikeda Engineering Corporation (“Ikeda”), Vintec Co. (“Vintec”), and Autoliv ASP, Inc., who designed and manufactured the driver’s seat of the vehicle plaintiff was driving, and against Faurecia Automotive Seating, Inc. who manufactured the recliner mechanism of plaintiff’s vehicle’s front seat. Ikeda participated in the design of the driver’s seat and Vintec manufactured the driver’s seat. Johnson manufactured the seat belt for the driver’s seat of plaintiff’s vehicle in accordance with Nissan’s design. Prior to trial, plaintiff settled with the defendant driver, the Nissan defendants, the Autoliv defendants, and Faurecia Automotive Seating, Inc. Plaintiff elected to proceed to trial solely on a cause of action for strict products liability against Ikeda and Vintec. Pursuant to a stipulation, Johnson agreed it would be legally responsible for damages awarded to plaintiff at trial based upon the actions of Vintec or Ikeda.
At trial, the court precluded Vintec and Ikeda from offering evidence that: (1) plaintiff would not have been injured if her vehicle’s seat belt was designed in a different manner by Nissan; (2) Nissan chose the manufacturer of the recliner mechanism and required defendants to use that manufacturer and that part in the seat; and (3) The other defendants had already reached settlements with plaintiff.
Reprinted courtesy of
R. Bryan Martin, Haight Brown & Bonesteel LLP and
Kristian B. Moriarty, Haight Brown & Bonesteel LLP
Mr. Martin may be contacted at bmartin@hbblaw.com; Ms. Moriarty may be contacted at kmoriarty@hbblaw.com
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Supreme Court of New Jersey Reviews Statutes of Limitation and the Discovery Rule in Construction Defect Cases
July 18, 2018 —
David Suggs – Bert L. Howe & Associates, Inc.Robert Neff Jr. of Wilson Elser analyzed the recent case, Palisades at Fort Lee Condo. Ass’n v. 100 Old Palisade, LLC, 2017 N.J. Lexis 845, 169 A.3d 473 (Supreme Court of New Jersey, September 14, 2017), and states that this ruling “gives defendants the ability to defend against the assertion that the statute of limitations was tolled until the most recent owner (and plaintiff) discovered the cause of action.”
Neff concludes that a statute of limitations test needs to be conducted at the beginning of each case: “In Palisades, the motions to dismiss based on the statute of limitations were filed at the conclusion of all discovery. While an initial analysis might yield the conclusion that certain discovery will be needed to ascertain the appropriate accrual date (or dates, in the case of multiple defendants), counsel will then know what discovery to seek during the discovery period.”
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A Court-Side Seat: Butterflies, Salt Marshes and Methane All Around
November 16, 2020 —
Anthony B. Cavender - Gravel2GavelOur latest summary of some recent developments in the courts and the federal agencies includes a unique case involving salt marshes adjacent to San Francisco Bay.
THE FEDERAL COURTS
A Wolf Among the Butterflies
On October 13, 2020, the U.S. Court of Appeals for the District of Columbia Circuit decided the case of North American Butterfly Association v. Chad Wolf, Acting Secretary of the Department of Homeland Security. The National Butterfly Center is a 100-acre wildlife sanctuary located in Texas along the border between the United States and Mexico, and in 2017, the DHS exerted control over a segment of the sanctuary to construct facilities to impede unauthorized entry into the United States. It was alleged that the government failed to provide advance notice to the sanctuary before it entered the sanctuary to build its facilities. The Association filed a lawsuit to halt these actions for several reasons, including constitutional claims and two federal environmental laws (NEPA and the Endangered Species Act), but the lower court dismissed the lawsuit because of the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). That law forecloses the applicability of these laws if the Secretary of DHS issues appropriate declaration. On appeal, the DC Circuit held, in a 2 to 1 decision, that the lawsuit should not have been dismissed. The plaintiffs had standing to file this lawsuit, but the jurisdiction stripping provisions of the IIRIRA, when invoked, required that the statutory claims be dismissed as well as a constitutional Fourth Amendment search and seizure claim. However, the plaintiff’s Fifth Amendment claim that the government’s actions violated their right to procedural due process must be reviewed. The Center was given no notice of the government’s claims and no opportunity to be heard before these actions were taken. The dissenting judge argued that the court was being asked to review a non-final decision, which it should not do.
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Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com
Florida Appellate Courts Holds Underwriting Manuals are Discoverable in Breach of Contract Case
February 14, 2022 —
Andrea DeField & Adriana A. Perez - Hunton Insurance Recovery BlogRecently, Florida’s First District Court of Appeals handed down a victory for policyholders when it affirmed a Circuit Court’s order compelling an insurer to produce its underwriting manual in a breach of contract action. In People’s Trust Insurance Co. v. Foster, No. 1D21-845 (Fla. 1st DCA Jan. 26, 2022), the policyholder, Mr. Foster, filed a breach of contract claim against his insurer, People’s Trust, after People’s Trust failed to pay his insurance claim for damage caused to Mr. Foster’s home due to a leaking water pipe. People’s Trust denied Foster’s claim because “Foster’s pipe damage predated the policy’s inception.”
During discovery Foster requested People’s Trusts’ underwriting manual(s) in effect at the time his policy was issued or renewed. People’s Trust objected to the request. In response, Foster filed a motion to compel production of the underwriting manual(s). After a hearing, the Circuit Court granted Foster’s motion and People’s Trust sought a writ of Certiorari from the First District Court of Appeal to quash the order compelling production.
Reprinted courtesy of
Andrea DeField, Hunton Andrews Kurth and
Adriana A. Perez, Hunton Andrews Kurth
Ms. DeField may be contacted at adefield@HuntonAK.com
Ms. Perez may be contacted at pereza@HuntonAK.com
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New York Considers Amendments to Construction Industry Wage Laws that Would Impose Significant Burden Upon Contractors
August 04, 2021 —
Richard W. Brown & Michael D. Angotti - Saxe Doernberger & Vita, P.C.A bill that would amend the the wage and hour requirements of the New York Labor Law was recently passed by the New York State Legislature and is expected to be signed by Governor Cuomo. Bill Number S2766C (the “Bill”) is intended to protect construction workers against wage theft. However, it places a heavy burden on contractors to police the payroll practices of its downstream subcontractors and exposes them to potentially significant liability for the wage and hour violations of their subcontractors.
The proposed Bill would make a contractor or upstream subcontractor jointly and severally liable for any wages owed to employees of their subcontractors. The Bill allows for a private right of action for such subcontractor’s employee (or such employee’s representative) to bring a civil or administrative action seeking payment of unpaid wages owed pursuant to Section 198 of the New York Labor Law. In such an action against a subcontractor for unpaid wages, the contractor or upstream subcontractor is not only jointly and severally liable for any unpaid wages, but also for the prevailing claimant’s reasonable attorney fees, prejudgment interest, and, absent a good faith defense, liquidated damages equal to the amount of the wages owed.
Reprinted courtesy of
Richard W. Brown, Saxe Doernberger & Vita, P.C. and
Michael D. Angotti, Saxe Doernberger & Vita, P.C.
Mr. Brown may be contacted at RBrown@sdvlaw.com
Mr. Angotti may be contacted at MAngotti@sdvlaw.com
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