An Occurrence Under Builder’s Risk Insurance Policy Is Based on the Language in the Policy
April 03, 2023 —
David Adelstein - Florida Construction Legal UpdatesBuilder’s risk insurance coverage is a vital property insurance coverage during the course of construction. Builder’s risk insurance is not a one-size-fits-all product so please make sure you are working with your insurance broker to procure this product that factors in and covers risk associated with the project.
Builder’s risk insurance is typically an occurrence-based policy. No different than other occurrence-based policies (such as commercial general liability), a dispute may arise as to the occurrence. This could be due to the triggering of the actual policy during the coverage period or it could be due deductible obligations, as in the case discussed below. When dealing with a builder’s risk insurance policy–again, no different than any policy–the language in the policy matters. Definitions used in the policy to define specific terms matter and, in numerous cases, the ordinary dictionary meanings of terms matter. But it all starts with the policy language.
In KT State & Lemon, LLP v. Westchester Fire Insurance Co., 2023 WL 2456499 (M.D.Fla. 2023), a builder’s risk policy provided coverage from April 2018 through the end of November 2019. There was a $50,000 per occurrence deductible for loss caused by or from water damage. An extension to the builder’s risk policy was negotiated through the end of January 2020 that increased this water damage deductible to $250,000 per occurrence. During construction and the testing of the fire suppression (sprinkler) system, leaks started to occur resulting in water damage. Two leaks occurred in September 2019, one leak in October 2019, one leak in November 2019, and two leaks in December 2019 (during the extension and higher water damage deductible period).
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David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
COVID-19 Vaccine Considerations for Employers in the Construction Industry
July 11, 2021 —
Maggie Spell - ConsensusDocs1. Can employers in the construction industry require employees to receive a COVID-19 vaccine as a condition of employment?
In short, it depends. Back in December 2020, the U.S. Equal Employment Opportunity Commission (EEOC) explained that, generally speaking (and under federal law), employers can require employees to receive the COVID-19 vaccine. However, there are a few caveats.
First, certain employees may need to be excused from a mandatory vaccination requirement as a reasonable accommodation unless it will present undue hardship. Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to employees with a covered disability that prevents them from receiving the vaccine. (Fact sheets for the COVID-19 vaccines include examples of some of the underlying medical conditions that may result in an accommodation request.) And under Title VII of the Civil Rights Act of 1964, employers are similarly required to provide reasonable accommodations to employees with sincerely held religious beliefs, practices, or observances that prevent them from getting the vaccine. Employers requiring the vaccination would be wise to consult with an experienced employment lawyer before denying an accommodation. Accommodation issues stemming from administration of the COVID-19 vaccine (and COVID-19 more generally) are likely to plague employers for a while, so getting ahead of this issue is key.
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Maggie Spell, Jones Walker LLPMs. Spell may be contacted at
mspell@joneswalker.com
Massive Redesign Turns Newark Airport Terminal Into a Foodie Theme Park
March 05, 2015 —
Belinda Lanks – BloombergYou wait on what looks like a Soviet bread line. You show your I.D. to a guard. You take off your shoes, empty your pockets, and surrender to a digital scanner.
Fortunately, there’s always a bevy of gleaming cocktail bars and foodie outposts welcoming you to the other side.
No? Get ready. That’s the plan for United Airlines’ Terminal C at Newark Liberty International Airport—a $120 million redesign that includes 55 dining venues with enough celebrity-chef cameos to rival the glitziest of Las Vegas casinos. Instead of the usual McDonald’s, TCBY, and Sbarro, there will be restaurants serving up far-ranging cuisine, from authentic ramen and tacos to gourmet, Neapolitan-style pizza and Swedish meatballs. Since the terminal must remain in operation, all the structures will be assembled off-site and dropped in next year to keep construction time to a minimum.
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Belinda Lanks, Bloomberg
Federal Contractors Should Request Debriefings As A Matter Of Course
May 30, 2018 —
Scott MacDonald - Ahlers Cressman & Sleight BlogFederal Contractors—especially those engaging in FAR Part 15 direct contract negotiations—should make it a routine practice to timely request debriefings after the Contracting Agency excludes the bidder from the competitive range (“pre-award debriefing”) or after the Agency issues the award (“post-award debriefing”). Debriefings allow the Contractor to understand the evaluation process used by the Contracting Agency and to receive an assessment of how it fared in that evaluation. This is not a one-sided presentation as Contracting Agencies are required to answer the contractor’s relevant questions about the decision-making process. Properly run debriefings can be used to better tailor future bids and negotiations, as further marketing to the Contracting Agency for future awards, and, occasionally, to unearth grounds for a potential protest if any part of the evaluation process is out of sync with the FARs. In the event the contractor learns of a basis for protest at the debriefing, the deadline to file a protest begins running from the date of the debriefing—whether it was required or not.
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Scott MacDonald, Ahlers Cressman & Sleight PLLCMr. MacDonald may be contacted at
scott.macdonald@acslawyers.com
Best Lawyers® Recognizes 45 White and Williams Lawyers
September 25, 2023 —
White and Williams LLPThirty-two White and Williams lawyers were recognized in The Best Lawyers in America® 2024. Inclusion in Best Lawyers® is based entirely on peer-review. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers® employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of quality legal services.
In addition, thirteen lawyers were recognized as Best Lawyers: Ones to Watch® in America. This recognition is given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States.
The firm is also pleased to announce Best Lawyers® has recognized
Christopher P. Leise as a 2024 "Lawyer of the Year" for Litigation – Insurance in Cherry Hill, NJ. Chris works with regional and national brokerage firms defending professional liability claims and handling disputes with insurance companies throughout the mid-Atlantic region, as well as with commercial insurance carriers defending allegations of bad faith.
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White and Williams LLP
The 411 on the New 415 Location of the Golden State Warriors
June 10, 2015 —
Garret Murai – California Construction Law BlogYou can feel the buzz here in the Bay Area as the Golden State Warriors enter Game 4 of the NBA Playoffs following a 35 point upset over the Houston Rockets on Saturday, and a chance tonight to sweep the series and head to the NBA Finals for the first time since 1975.
Formerly the Philadelphia Warriors from 1946 to 1962, and later the San Francisco Warriors from 1962 to 1971, the Golden State Warriors have played in Oakland’s currently named Oracle Arena since 1966 (except for one year when they played in San Jose while the Oracle Arena was being remodeled).
Starting next year, however, construction will begin on the Warriors’ new stadium in the Mission Bay area of San Francisco with completion scheduled for the 2018-2019 season. Although details are just emerging – and even the conceptual plans have changed after some said that the initial design looked like a toilet – here’s the 411 we know on the new 415 location of the Warriors:
- The cost of the new arena is estimated to be $1 billion.
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Garret Murai, Wendel Rosen Black & Dean LLPMr. Murai may be contacted at
gmurai@wendel.com
Smart Home Products go Mainstream as Consumer Demand Increases
November 05, 2014 —
Beverley BevenFlorez-CDJ STAFFGigaom reported that Wal-Mart announced yesterday that they will begin selling Insteon gear, one of the Smart Home products, in 1,500 of its stores across the country. "The products in store will include a starter kit, motion sensors, dimmers, IP cameras, LED bulbs, leak sensors and door/window sensors among others. Wal-Mart also sells Chamberlain gear and a few other connected devices on its web site." According to Builder, a Savant survey demonstrated that "Americans are eager for home automation, proving that technology is a great way for builders to distinguish their new homes from the rest of the market."
In another article, Gigaom announced that Netgear will be introducing a line of Smart Home products under the name Arlo.
Read the full story, Gigaom, Wal-Mart now sells Insteon gear...
Read the full story, Gigaom, Netgear launches its Arlo smart home brand with a camera...
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Congress Addresses Homebuilding Credit Crunch
May 20, 2011 —
CDJ STAFFThe National Association of Home Builders (NAHB) reports that Representatives Gary Miller (CA), Brad Miller (NC) and twenty-nine cosponsors have put forth a bill with bipartisan support to “address the severe credit crunch for acquisition, development, and construction (AD&C) financing.” They report in addition to more than 1.4 million construction workers who have been “idled since 2006,” the housing slump has cost 3 million jobs and $145 million in wages.
NAHB reports that they worked closely with lawmakers on the bill. The association had members meet with legislators both in D.C. and in their home districts. They state that HR 1755 would help homebuilders “find the credit they need to move forward with new or existing projects.”
The bill would allow lenders to use the value upon completion when assessing loan collateral and ban the use of foreclosed or distressed sale properties in assessing values of projects. The would bill would also lessen restrictions by banking regulators, which the lead sponsors said “have hindered federal and state chartered banks and thrifts’ ability to make and maintain loans to qualified small home builders that have viable projects.”
The NAHB is urging members of Congress to cosponsor the bill and is urging the Senate to introduce a companion bill.
Read the full story…
Read HR 1755
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