Meet the Forum's In-House Counsel: KATE GOLDEN
February 19, 2024 —
Jessica Knox - The Dispute ResolverCompany: Mortenson
Email: kate.golden@mortenson.com
Website: www.mortenson.com
College: University of Iowa (Bachelor of Science in Engineering, 1991)
Graduate School: University of Minnesota (Master of Science in Civil Engineering, 1994)
Law School: William Mitchell College of Law (now Mitchell | Hamline School of Law) (JD 1999)
States Where Company Operates/Does Business: Mortenson is a national builder and developer with 13 regional office locations.
Q: Describe your background and the path you took to becoming in-house counsel.
A: In high school, I loved math and science, so I attended the University of Iowa College of Engineering and studied civil engineering, with a focus on environmental engineering. To practice environmental engineering at that time, you generally needed a master’s degree, so I attended the University of Minnesota, where my thesis for my degree program was “Organochlorines in Lake Michigan.” I then worked as an environmental engineer for a consulting firm called Montgomery Watson (now MWH) assisting clients with various environmental issues from air permitting to watershed reports to risk assessments of contaminated sites.
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Jessica Knox, Stinson LLPMs. Knox may be contacted at
jessica.knox@stinson.com
The Looming Housing Crisis and Limited Government Relief—An Examination of the CDC Eviction Moratorium Two Months In
December 14, 2020 —
Zachary Kessler - Gravel2GavelMonths after the Centers for Disease Control and Prevention (CDC) issued a nationwide eviction moratorium using its emergency pandemic powers under the Public Health Service Act, the efficacy of this unprecedented measure remains unclear. While the Order ostensibly protects tenants facing homelessness or housing insecurity due to the financial impacts of the COVID-19 pandemic through the end of 2020, legal challenges have been initiated in Ohio and Georgia, with additional lawsuits appearing likely. Further, even barring legal challenges, courts have not handled these cases in a uniform manner. With lawmakers unable to reach any stimulus or COVID-19 relief agreement before the election, the CDC Order appears likely to remain the only federal eviction moratorium through its expiration on December 31, 2020.
Since the Order’s enactment, the CDC has since released new guidance, answering some of the open questions not covered by the initial Order. This guidance, while non-binding, is largely more favorable to landlords and property management companies than the initial text of the Order, as it provides that landlords are not required to make tenants aware of the Order’s protections and may challenge the truthfulness of the tenants’ declarations in any state or municipal court. The guidance also clarified the potential criminal penalties for violating the Order and the criminal penalties for perjury for bad faith submissions of the requisite declaration by tenants.
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Zachary Kessler, PillsburyMr. Kessler may be contacted at
zachary.kessler@pillsburylaw.com
President Trump’s “Buy American, Hire American” Executive Order and the Construction Industry
June 05, 2017 —
Garret Murai - California Construction Law BlogOn April 18, 2017, President Trump signed Executive Order No. 13788 implementing his “Buy American, Hire American” campaign promise.
Federal construction contractors familiar with “Buy American” clauses in federal contracts under the Federal Acquisition Regulations (FAR)–which require materials to be manufactured in the United States (or, depending on the clause, not manufactured in certain countries) unless a waiver is obtained–have waited anxiously to see what Trump’s “Buy American, Hire American” promise would mean for them.
Well . . . as it turns out, not much, at least not yet.
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Garret Murai, Wendel Rosen Black & Dean LLPMr. Murai may be contacted at
gmurai@wendel.com
Road to Record $199 Million Award Began With Hunch on Guardrails
June 17, 2015 —
Patrick G. Lee – BloombergIt started with a hunch about malfunctioning highway guardrails. It led to the biggest known whistle-blower award in U.S. history.
Joshua Harman, a Virginian with two small highway safety companies, made a discovery in late 2011 that perhaps only a guardrail maker could: A big competitor had changed the dimensions of its roadside safety device by as much as an inch here and there, he said, without telling federal regulators.
As designed, Trinity Industries Inc.’s ET-Plus system was meant to turn the end of a guardrail into a de facto shock absorber. The altered units, as Harman saw it, were locking up when hit, spearing cars and their occupants.
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Patrick G. Lee, Bloomberg
Packard Condominiums Settled with Kosene & Kosene Residential
August 27, 2014 —
Beverley BevenFlorez-CDJ STAFFResidents of the Packard Condominiums in Indianapolis, Indiana “have settled a two-year-old lawsuit with developer Kosene & Kosene Residential,” according to the Indianapolis Business Journal. The Homeowners association stated that “the agreement would lead to repayment of a construction loan and avoidance of a special assessment on residents.”
The association claimed to have spent “$3 million on ‘renovation and remediation’ of subpar construction of the condo building,” reported the Indianapolis Business Journal.
The article also declared that at least 25 subcontractors participated in the mediation.
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10 Safety Tips for General Contractors
October 09, 2018 —
Eric Weisbrot – JW Surety BondsThe construction industry continues to grow each year, paving the way for general contractors to make a profitable, sustainable living when the job is done right. However, to do so effectively, safety standards need to be met with consistency and focus on each worksite. General
contractors who are licensed and bonded must take proactive steps to avoid potentially fatal injuries among their subcontractors and employees, even though this may be easier said than done. To create and maintain a safe worksite each and every time, general contractors should consider how to implement the following best practices and safety tips on the job.
1 – Know the Risks
The most crucial step toward maintaining a safe construction site is to first be aware of the risks involved. Each year, thousands of
construction workers experience injuries on the job, and some ultimately lose their life because of safety missteps at work. As a general contractor, it is your responsibility to know that construction risks run rampant given the nature of the work. Being tuned into the potential for falls, slips, and other common safety-related incidents is a necessary part of operating a safe worksite for you and your employees.
2 – Require Protective Gear
An often overlooked safety precaution on construction sites is the use of up-to-date and well-maintained protective gear. For many subcontractors and employees, it is easy to skip this necessary step in safeguarding themselves from potential safety issues. However, general contractors can take steps to make protective gear a requirement on the job. This may include mandating hardhats and steel-toed shoes, gloves, and eyewear when appropriate. All visitors and workers on a construction site should follow protective gear instructions to avoid unnecessary safety risks.
3 – Educate on Ladder Safety
According to the Bureau of Labor Statistics, ladder injuries account for a significant number of construction worker incidents each year, making up more than 200,000 accidents on average. Ladders have continuously ranked high on OSHA’s list of violations at construction sites because the prevalence of injuries is so high. General contractors can help thwart ladder-related injuries among workers by promoting ladder safety training, including reminders about the right ladder to use for each task. Workers should also be well aware of the importance of inspection before use, and they should always follow the three points of contact rule when going up or down a ladder.
4 – Recognize Equipment Pitfalls
Many construction workers experience injuries relating to equipment used on the job. This could be tied to getting on or off equipment, or loading and unloading materials from machinery. In any case, general contractors can encourage simple tactics to improve equipment safety measures. Paying close attention to secure footing while getting on or off a machine, having more than one person assist with loading and unloading, and ensuring everyone feels comfortable asking for help with these tasks reduces safety risks.
5 – Document Potential Hazards
A general contractor’s main responsibility is to manage the construction site efficiently from start to finish. Part of this duty is recognizing the possible issues on a worksite that may lead to accidents or injuries if not addressed at the beginning of a project. It is necessary to take the time to identify safety risks such as unstable working surfaces, dangerous trenches, or weather-related concerns that may impact the safety of subcontractors, suppliers, or other site visitors. Potential hazards should be documented and shared with site workers, and they should be updated as the project progresses.
6 – Maintain Equipment and Tools
Poorly maintained equipment and tools also cause issues on construction sites. The Infrastructure Health and Safety Association suggests that general contractors
remind workers to inspect tools, machines, handheld equipment, and vehicles before each use to ensure they are properly maintained. Additionally, understanding the maintenance standards for certain tools or equipment and following those guidelines is crucial to reducing injury on the job.
7 – Minimize Crowds
Crowded work areas can be a serious safety issue for general contractors, subcontractors, and vendors and suppliers on site. It is common for crowds to gather during the use of heavy equipment or when a significant task is being completed. However, general contractors should discourage crowd-forming for spectating purposes. This can be done by limiting the number of people allowed to be in an area when certain activities are taking place, and enforcing these rules at every possible opportunity.
8 – Hire Licensed Subcontractors
General contractors may have full- or part-time employees as part of their business model, or there may be a heavy presence of subcontractors not directly tied to the main business. In either case, it is essential to have faith in the capabilities of workers, including their willingness and commitment to follow safety standards. General contractors can help ensure each worker is more likely to take safety seriously when they hire licensed contractors who follow through with
licensing requirements as mandated by the state or city.
9 – Focus on Training
Even after vetting subcontractors and employees based on their licensing status, general contractors also need to ensure training and education are a priority. Several online and in-person courses focus on construction safety training which workers should be encouraged to attend. Safety
education programs from OSHA and other reputable sources are crucial to decreasing accidents on the job.
10 – Be Present
Finally, general contractors can only have an impact on the safety of the job site when they are purposefully present. It is common for some GCs to stop by a project when they are needed or to check on progress periodically. However, new safety hazards, lacking worker training, and other risks are not easily fixed when the general contractor is not consistently on site. Reducing the potential for falls, slips, trips, and fatalities on the job requires communication with workers, and that takes place most effectively when general contractors are in person.
Eric Weisbrot is the Chief Marketing Officer of JW Surety Bonds. With years of experience in the surety industry under several different roles within the company, he is also a contributing author to the surety bond blog.
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District Court Awards Summary Judgment to Insurance Firm in Framing Case
August 04, 2011 —
CDJ STAFFIn the case of Continental Western Insurance Company v. Shay Construction Inc., Judge Walker Miller has granted a summary judgment against Shay Construction and their co-defendant, Milender White Construction Company.
Shay was the framing subcontractor for Milender White on what the court described as “a major construction project in Grand County, Colorado.” Two of Shay’s subcontractors, Wood Source Inc. and Chase Lumber Company furnished materials, labor, and equipment to Shay. They subsequently sued for nonpayment and sought to enforce mechanic’s liens, naming both Shay and Milender as defendants. Milender White alleged that Shay had “breached its obligation under its subcontracts with Milender White.”
Shay’s insurance provider, Continental Western, stated that its coverage did not include “the dispute between Shay, its subcontractors, particularly the cross claims asserted by Milender White.” Shay then sued Continental Western, alleging breach of contract and statutory bad faith.
The court, however, has found with Continental Western and has granted them a summary judgment. They found “no genuine issue as to any material fact.” The judge did not side with Continental Western on their interpretation of the phrase “those sums that the insured becomes legally obligated to pay as damages.” The court found that the Colorado courts have not limited this to tort actions only. However, as Milender’s cross claim included claims of faulty workmanship on the part of Shay, Judge Miller found for Continental.
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Sureties and Bond Producers May Be Liable For a Contractor’s False Claims Act Violations
October 19, 2017 —
Michael C. Zisa & Susan Elliott – Peckar & Abramson, P.C.Two recent decisions from the United States District Court for the District of Columbia and the United States Court of Federal Claims highlight that sureties and bond producers are not immune to the potentially severe consequences of the False Claims Act (“FCA”) and related federal fraud statutes. In each case, the Court determined that sureties and bond producers can face potential liability under these fraud statutes for direct and indirect submission of false claims to the federal government.
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Michael C. Zisa, Peckar & Abramson, P.C. and
Susan Elliott, Peckar & Abramson, P.C.
Mr. Zisa may be contacted at mzicherman@pecklaw.com
Ms. Elliott may be contacted at selliott@pecklaw.com
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