OSHA Joins the EEOC in Analyzing Unsafe Construction Environments
June 26, 2023 —
Cameron S. Hill Sr. - Construction ExecutiveConsistent with the Equal Employment Opportunity Commission's (EEOC) Strategic Enforcement Plan (SEP)
published in January 2023, which noted an increased focus on the construction industry as it relates to harassment and discrimination issues within the workplace and around hiring and the advancement of minorities, the Occupational Safety and Health Administration (OSHA) is following suit. At the end of March 2023, OSHA leaders announced another arrow in their quiver: OSHA has new authority through its Wage and Hour Division to issue certifications supporting applications for "U" nonimmigrant status and "T" nonimmigrant status visas.
Reasoning that workers' immigration status, social inequalities or differences in culture can cause them to fear retaliation for identifying unsafe work environments and criminal activity, such as trafficking, murder, blackmail, extortion and other serious crimes, Assistant Secretary of Labor for Occupational Safety and Health, Doug Parker
stated, "The Occupational Safety and Health Administration's top priority is to ensure workers are safe and can exercise their rights, regardless of their demographic or immigration status. A key part of that mission is expanding our work to combat workplace inequities that can create hazards and affect vulnerable workers who are likely to be exploited or victims of crimes. Our vision extends beyond setting standards, inspecting workplaces and providing training. Becoming a visa-certifying agency gives us one more tool in our wide-ranging efforts to better protect workers and their rights on the job."
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Cameron S. Hill Sr., Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Mr. Hill may be contacted at chill@bakerdonelson.com
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Policy Lanuage Expressly Prohibits Replacement of Undamaged Material to Match Damaged Material
March 09, 2020 —
Tred R. Eyerly - Insurance Law HawaiiConstruing an all-risk Businessowners Policy, the court found that the policy language did not required replacement of undamaged material match materials that were damaged. Pleasure Creek Townhomes Homeowners' Ass'n v. Am. Family Ins. Co., 2019 Minn. App. Unpub. LEXIS 1095 (Minn. Ct. App. Nov. 25, 2019).
The policy covered the Association's 14 townhome buildings. In June 2017, a hail storm damaged siding on all 14 buildings. An appraisal panel included the cost to replace the undamaged, faded siding in its appraisal award so that it would match the new siding. American Family refused to pay this component - which was appraised at about $211,382 - of the award.
An exclusion in the policy provided,
We will not pay to repair or replace undamaged material due to mismatch between undamaged material and new material used to repair or replace damaged material.
We do not cover the loss in value to an property due to mismatch between undamaged material and new material used to repair or replace damaged material.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
4 Breakthrough Panama Canal Engineering Innovations
October 11, 2017 —
Hobbes S. Sujith - Construction InformerThrough the rainforest of Central America stretches one of the seven wonders of the modern world. It’s the mother of all shortcuts – the Panama Canal. Over 300 million tons of cargo pass through its gates every year. Stretching through the heart of the Americans, this canal has changed the face of global trade. Ships traveling between the Atlantic and Pacific used to sail thousands of kilometers around Cape Horn. So in 1879 engineers planned to cut a channel through the Isthmus of Panama. And that, was going to become the history of Panama Canal engineering.
To understand how the Panama Canal can carry such a huge amount of cargo, we need to travel back in time to 17th century France. There, engineers building the Briare Canal (Canal de Briare) faced an big problem. How to make water flow up a hill?
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Hobbes S. Sujith, Construction Informer
Housing Prices Up through Most of Country
December 20, 2012 —
CDJ STAFFHome prices in October were up more than six percent compared with prices in October 2011. The LA Times noted that some of the strongest gains were in California and Arizona. The Phoenix metropolitan area saw a 24.5% rise in home prices. In California, Riverside and Los Angeles were just above the national average, at 7.3% and 6.4%, contributing to the state’s overall nine percent increase.
The news wasn’t good throughout the entire country, as five states did not see any price increases. Mark Fleming, the chief economist at CoreLogic, a research firm in Irvine, California said that “the housing recovery that started earlier in 2012 continues to gain momentum.
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How to Build a Coronavirus Hospital in Ten Days
April 20, 2020 —
Elaine Lee - Gravel2Gavel Construction & Real Estate Law BlogIf the coronavirus pandemic continues to spread in the United States as it has in other countries, drastic expansions of hospital and quarantine facility capacity are likely to be necessary. In the hard-hit Seattle area, several temporary facilities are already under construction, including a 200-bed temporary quarantine and isolation center built on a soccer field. China’s response to the initial outbreak in the city of Wuhan demonstrates how rapidly authorities can add capacity in an emergency.
As thousands of citizens became ill with COVID-19, China built two hospitals in Wuhan over the span of just days. Time-lapse videos such as this one show how remarkably quickly the hospitals were built. Construction on the Huoshenshan Hospital (shown in the prior linked video) began on January 23 and finished eight days later. A second hospital, Leishenshan Hospital, began construction on January 25 and finished 12 days later. Square footage information on both hospitals has been inconsistently reported, but Huoshenshan Hospital has a capacity for 1,000 beds, while Leishenshan Hospital has a capacity for 1,600 beds.
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Elaine Lee, PillsburyMs. Lee may be contacted at
elaine.lee@pillsburylaw.com
Nine ACS Lawyers Recognized as Super Lawyers
August 15, 2022 —
Cassidy Ingram - Ahlers Cressman & SleightACS is very honored and pleased to announce nine members of our firm were awarded the distinction of top attorneys in Washington. Our blog articles usually cover Construction Legal News, but we feel this is a newsworthy accolade to be shared with friends and clients.
To become candidates to receiving the Super Lawyer nomination, lawyers are nominated by a peer or identified by research. After completing this first step in the process, Super Lawyers’ research department analyzes 12 indicators, such as experience, honors/awards, verdicts/settlements, and others. As for the third step, there is a peer evaluation by practice area. Finally, for step four, candidates are grouped into four firm-size categories. In other words, solo and small firm lawyers are compared only with other solo and small firm lawyers, and large firm lawyers are compared with other large firm lawyers. The process is very selective and only 5 percent of the total lawyers in Washington are nominated as Super Lawyers.
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Cassidy Ingram, Ahlers Cressman & SleightMs. Ingram may be contacted at
cassidy.ingram@acslawyers.com
Congratulations 2024 DE, MA, MD, NJ, NY, and PA Super Lawyers and Rising Stars
June 17, 2024 —
White and Williams LLPWhite and Williams congratulates the fifteen attorneys nominated as Super Lawyers and ten attorneys named Rising Stars across our Delaware, Massachusetts, Maryland, New Jersey, New York and Philadelphia offices. Lawyers are selected through a process that takes into consideration peer recognition and professional achievement. The lawyers named to this year’s list represent a multitude of practices throughout the firm.
Super Lawyers 2024
Attorney |
Super Lawyers Denoted Practice Area (s)
| |
David B. Chaffin |
Business Litigation |
Robert G. Devine |
Personal Injury, Employment Litigation, Products Liability |
David D. Gilliss |
Surety, Construction Litigation, Administrative Law |
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White and Williams LLP
San Francisco Sues Over Sinking Millennium Tower
November 17, 2016 —
Beverley BevenFlorez-CDJ STAFFDennis Herrera, San Francisco’s city attorney, filed a lawsuit against the developer of the Millennium Tower, “for failing to inform buyers that it was sinking ‘much faster than expected,’” reported the New York Times. Mission Street Development sold more than 400 units in the skyscraper.
“They went ahead and sold condominiums for a handsome profit without telling the buyers about the situation,” Mr. Herrera told the New York Times. “This is every homeowner’s worst nightmare.”
The spokesman for the development, P.J. Johnson, stated that “the allegations by the city attorney had ‘no merit,’ and that the “building had sunk within ‘predicted, safe ranges’ during the entire sales process,” according to the New York Times. Furthermore, Johnson asserted that the problem derived from the nearby railroad station removing water from the ground, which “had caused the building to ‘settle beyond the 12 inches it was predicted to settle.’”
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