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    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Salem, CT 06420

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    Building Expert News and Information
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    South Carolina Legislature Redefining Occurrences to Include Construction Defects in CGL Policies

    Contract And IP Implications Of Design Professionals Monetizing Non-Fungible Tokens Comprising Digital Construction Designs

    California Supreme Court Protects California Policyholders for Intentional Acts of Employees

    Newmeyer & Dillion Named a Best Law Firm in 2019 in Multiple Practice Areas by U.S. News-Best Lawyers

    As Laura Wreaks Havoc Along The Gulf, Is Your Insurance Ready to Respond?

    Ohio School Board and Contractor Meet to Discuss Alleged Defects

    Judge Dismisses Suit to Block Construction of Obama Center

    AEM Pursuing ISO Standard for Earthmoving Grade-Control Data

    Hurricane Handbook: A Policyholder's Guide to Handling Claims during Hurricane Season

    California Contractors: New CSLB Procedure Requires Non-California Corporations to Associate All Officers with Their Contractor’s License

    Federal Court Reiterates Broad Duty to Defend in Additional Insured Cases

    Forecast Sunny for Solar Contractors in California

    Shifting the Risk of Delay by Having Float Go Your Way

    Changes to Judicial Selection in Mexico Create a New Case for Contractual ADR Provisions

    Making the Construction Dispute Resolution Process More Efficient and Less Expensive, Part 2

    No Collapse Coverage Where Policy's Collapse Provisions Deleted

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    Repeated Use of Defective Fireplace Triggers Duty to Defend Even if Active Fire Does Not Break Out Until After End of Policy Period

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    You Are on Notice: Failure to Comply With Contractual Notice Provisions Can Be Fatal to Your Claim

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    Elevators Take Sustainable Smart Cities to the Next Level

    May 26, 2019 —
    From electric cars to solar panels, technology has been at the forefront of innovation in sustainability efforts. As greenhouse gas emissions continue to be a critical global concern, developing smart cities and sustainable energy practices are more important than ever. In fact, Gartner predicts that by 2020, half of all smart city objectives will be centered around climate change, resilience and sustainability. To build truly intelligent cities, we need to optimize the sharing of information at a foundational level, starting with the structures on which these cities are built. Where do we begin? The United Nations estimates that almost 40 percent of today’s global greenhouse gas emissions come from buildings. To reduce these levels, the industry needs to begin creating smarter structures that use data insights to streamline functions in the building, and this starts with the infrastructural backbone: the elevator. Reprinted courtesy of Chris Smith, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Washington Court of Appeals Divisions Clash Over Interpretations of the Statute of Repose

    August 07, 2023 —
    The construction statute of repose under RCW 4.16.310 bars any claims arising from construction, design, or engineering of any improvement upon real property that has not accrued within six years after substantial completion or termination of services, whichever is later, even if the injury has not yet occurred. On June 20, 2023, Division One of the Washington Court of Appeals (Div. I) published its decision in Welch v. Air & Liquid Systems severely criticizing and rejecting the statute of repose reasoning contained in Maxwell v. Atlantic Richfield Co., 15 Wn. App. 2d 569, 476 P.3d 645 (2020), a Division Two (Div. II) opinion. More than a mere difference of opinion, the courts in Welch and Maxwell reached different results as to whether claims asserted against Brand Insulations, Inc. were barred by the statute of repose despite involving (i) the same procedural posture, both appeals from summary judgment decisions; (ii) the same facility, Atlantic Richfield Corporation’s (ARCO) petroleum refinery at Cherry Point in Ferndale; (iii) the same activity of installation of asbestos laden insulation on pipes; (iv) the same type of injury, mesothelioma; and (v) application of the same test set forth in Condit v. Lewis Refrigeration Co., 101 Wn.2d 106, 676 P.2d 466 (1984). Reprinted courtesy of Masaki Yamada, Ahlers Cressman & Sleight PLLC and Ryanne Mathisen, Ahlers Cressman & Sleight PLLC Mr. Yamada may be contacted at masaki.yamada@acslawyers.com Ms. Mathisen may be contacted at ryanne.mathisen@acslawyers.com Read the court decision
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    Hunton Partner Michael Levine Appointed to Law360’s 2024 Insurance Authority Property Editorial Advisory Board

    May 20, 2024 —
    Washington, DC-based partner Michael Levine has been recognized for his extensive experience and insights into emerging and legacy property and business interruption insurance coverage issues by being selected to Law360’s 2024 Editorial Advisory Board for Insurance Authority Property. As a member of the board, Mike will provide feedback on Law360’s coverage of property issues and expert insight on how best to shape future reporting of issues affecting businesses across all industry sectors. Reprinted courtesy of Hunton Andrews Kurth llp Read the full story... Read the court decision
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    In UK, 16th Century Abbey Modernizes Heating System by Going Back to Roman Times

    March 18, 2019 —
    Ancient Romans in western England bathed in naturally warm spring water of the spa town of Aquae Sulis, now named Bath. Nearly 2,000 years later, the city’s 16th century abbey is now preparing to draw warmth from the still functioning Great Roman Drain to replace the former monastery’s dilapidated Victorian-era heating system. Read the court decision
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    Reprinted courtesy of Peter Reina, ENR
    Mr. Reina may be contacted at reina@btinternet.com

    Firm Offers Tips on Construction Defects in Colorado

    February 28, 2013 —
    Although the Tenth Circuit Court determined that construction defects are occurrences under a general liability policy and the passage of CRS Section 13-20-808, in which the Colorado Legislature addressed the definition of occurrences as they relate to construction defects, the insurance industry “will continue to challenge the very concept of coverage for construction defects,” according to five attorneys at the law firm Sherman & Howard. They suggest that there are lessons to be learned from two recent cases that were recently decided by the Colorado Court of Appeals, TCD, Inc. v. American Family and Colorado Pool Systems, Inc. v. Scottsdale Insurance Company. They suggest that construction professionals to be certain that their insurers are “firmly rooted in insuring the construction industry.” Their broker should also have “specific expertise in insuring the construction industry.” And don’t buy on price alone. Finally, they suggest that construction professionals should “engage an experienced coverage attorney to assess pursuing coverage when an insurance company denies coverage for a construction defect claim.” Read the court decision
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    General Contractor’s Ability to Supplement Subcontractor Per Subcontract

    July 10, 2018 —
    As a subcontractor, you need to appreciate that the subcontract you (more than likely) sign is going to have you bear risk associated with furnishing manpower to maintain the prime contractor’s schedule and progress. A subcontractor can factor some of this risk into the lump sum amount it agrees to in the subcontract. But, from the general/prime contractor’s perspective, it is very important that this risk is borne by the subcontractor because there is no such thing as a schedule written in stone. The baseline schedule, whether attached to the subcontract or not, will change. Activities will be re-sequenced. Activities will be added. Activities will overlap. Activity start dates and finish dates will change. It is the nature of construction. As a subcontractor, you know all of this because it is the same no matter the project. Schedules are never written in stone — they change on a regular basis. Read the court decision
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    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at dadelstein@gmail.com

    The “Climate 21 Project” Prepared for the New Administration

    December 21, 2020 —
    This is a brief review of the recently released “Climate 21 Project” policy memo. It is the work of many former members of the Obama Administration who are deeply concerned about climate change and what steps the new administration can take in the first 100 days to confront a problem. Offering “actionable advice” rather than a policy agenda, the group recognizes that Congress must do its part by providing new statutory authorities within the early days of the new administration, and the President must be prepared to aggressively exercise the powers of his office. As the members of the Group see it, there are four interlocking crises facing the President: (a) the COVID-19 pandemic; (b) the economic devastation visited upon many people by the pandemic; (c) racial injustice; and (d) accelerating threats posed by climate change. Accordingly: 1. The Executive Office of the President must take stronger steps to reduce greenhouse gas emissions through domestic investment, rulemakings, policy changes, and international diplomacy. A new Special Assistant for Climate Change must be created to take charge of these climate change initiatives. There should also be established in the Executive Office of the President a National Climate Change Council. All agencies must be advised of the urgency of this problem. The paper seems to envision a substantial growth in the White Hose staff. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    U.S. Construction Spending Rose in 2017 by Least in Six Years

    February 07, 2018 —
    Even with solid U.S. economic growth, construction spending rose in 2017 by the least in six years, as nonresidential building slowed and outlays by governments declined. The value of construction put in place increased 3.8 percent to $1.23 trillion last year, according to Commerce Department figures released Thursday in Washington. That’s the smallest gain since a 2.6 percent drop in 2011. Spending for December was up 0.7 percent from the previous month, exceeding the median estimate of economists for a 0.4 percent increase. Read the court decision
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    Reprinted courtesy of Scott Lanman, Bloomberg