Guidance for Construction Leaders: How Is the Americans With Disabilities Act Applied During the Pandemic?
September 28, 2020 —
Molly Gwin - Construction ExecutiveWith the spread of the COVID-19 pandemic, numerous cities and states have mandated infection control practices, including social distancing, mask requirements and sanitization of work areas and tools. As a result, many construction leaders now have questions as to how government guidance related to COVID-19 interacts with the Americans with Disabilities Act (ADA). For example, can a project manager enforce a mask mandate when a construction worker presents a doctor’s excuse noting breathing difficulties? Or, what if the employer is aware that an individual presents a higher risk for severe illness because of an underlying health condition, but that employee does not request an accommodation?
Thankfully, the United States Equal Employment Opportunity Commission (EEOC) recently published guidance relating to these requests that construction leaders can reference. While our goal is to summarize that guidance and provide practical advice for the construction sector, this article does not substitute for situation specific legal counsel.
SCENARIO 1: AN EMPLOYEE REFUSES TO WEAR A MASK AND PRODUCES A DOCTOR’S NOTE CITING BREATHING DIFFICULTIES. MUST THE EMPLOYER ACCOMMODATE SUCH A REQUEST?
Potentially. Since the request to not wear a mask is considered an accommodation under the ADA, the employer can still require a doctor’s note when considering the accommodation.
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Molly Gwin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Ms. Gwin may be contacted at
mgwin@isaacwiles.com
Congratulations 2019 DE, NJ and PA Super Lawyers and Rising Stars
May 26, 2019 —
White and Williams LLPFifteen White and Williams lawyers have been named by Super Lawyers as a Delaware, New Jersey or Pennsylvania "Super Lawyer" while eight received "Rising Star" designations. Each lawyer who received the distinction competed in a rigorous selection process which took into consideration peer recognition and professional achievement. The lawyers named to this year's Super Lawyer list represent a multitude of practices throughout the firm.
Super Lawyers 2019 |
Attorney | Practice Area |
John Balaguer |
PI Defense: Med Mal |
Kevin Cottone |
PI Defense: Med Mal |
Thomas Goutman |
Class Action |
David Haase |
Business Litigation |
Christopher Leise |
Civil Litigation: Defense |
Randy Maniloff |
Insurance Coverage |
David Marion |
Business Litigation |
Peter Mooney |
Business Litigation |
Michael Olsan |
Insurance Coverage |
John Orlando |
General Litigation |
Wesley Payne |
Insurance Coverage |
Daryn Rush |
Insurance Coverage |
Anthony Salvino |
Workers’ Comp |
Patricia Santelle |
Insurance Coverage |
Andrew Susko |
Civil Litigation: Defense |
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White and Williams LLP
COVID-izing Your Construction Contract
December 21, 2020 —
Frederick E. Hedberg - Construction ExecutiveThe global COVID-19 pandemic has changed the world forever, disrupting many industries, as well as creating unprecedented challenges that threaten many businesses. The construction industry is no different. Projects throughout the country have been adversely affected by unplanned work stoppages, delays, disruptions to the supply chain, price escalations and other unanticipated events.
It is critical that owners, developers, contractors and suppliers learn from their experiences over the past year and account for the COVID-19 pandemic when drafting and negotiating contracts for their projects.
First and foremost, parties should clearly define their rights and responsibilities to properly manage risks due to COVID-19 and its impacts. COVID-19 and other key related terms should be defined, relying on the CDC and state governments for guidance, to eliminate any uncertainties. The contract should also identify executive orders, guidelines and regulations that have been issued concerning COVID-19 by states, municipalities and other authorities that have jurisdiction where the project is located.
Reprinted courtesy of
Frederick E. Hedberg, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Mr. Hedberg may be contacted at fhedberg@rc.com
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NIBS Consultative Council Issues Moving Forward Report on Healthy Buildings
July 25, 2021 —
National Institute of Building Sciences(WASHINGTON, DC, July 13, 2021) – The
National Institute of Building Sciences Consultative Council has issued its
2020 Moving Forward Report, looking closely at the importance of healthy buildings.
The report examines how buildings can protect and promote public health, providing recommendations for President Biden and policymakers on three components of healthy buildings: indoor environmental quality, the importance of design in promoting health, and promoting knowledge transfer between building owners and public health officials.
“Ensuring that the spaces where we live and work are healthy and safe for continued occupancy is critical to overcoming the pandemic,” said Lakisha A. Woods, CAE, President and CEO of NIBS. “This is a fundamental pillar of public health and community resilience. The concept of healthy buildings goes well beyond continual sanitation of a building’s indoor environment to eliminate pathogens.”
About NIBS
National Institute of Building Sciences brings together labor and consumer interests, government representatives, regulatory agencies, and members of the building industry to identify and resolve problems and potential problems around the construction of housing and commercial buildings. NIBS is a nonprofit, non-governmental organization. It was established by Congress in 1974. For more information, visit nibs.org or follow @bldgsciences on Twitter and Facebook.
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Suit Against Broker for Securing Inadequate Coverage Dismissed on Statute of Limitations Grounds
April 11, 2018 —
Tred R. Eyerly - Insurance Law HawaiiThe insured's suit against his broker for securing a policy with insufficient policy limits was dismissed when filed more than two years after the alleged professional negligence occurred.
Pritchard v. Andy Houghton Ins. Agency, 2018 Cal. App. Unpub. LEXIS 1160 (Cal. Ct. App. Feb. 20, 2018).
Pritchard requested coverage for replacement of his property in the event of a total loss by fire. He obtained a policy from Houghton.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Flint Water Crisis and America’s Clean Water Access Failings
June 28, 2021 —
Pam Radtke Russell - Engineering News-RecordGrowing up on a Navajo reservation in Arizona, Jay Yazzie, now a senior environmental engineer at Brown and Caldwell, did not have running water in his home. To get its water supply, the family would take a 55-gallon drum to a livestock well or to a distribution point to obtain potable water for everyday use. He was 10 when his family was finally hooked up to a reliable supply.
Reprinted courtesy of
Pam Radtke Russell, Engineering News-Record
Ms. Russell may be contacted at Russellp@bnpmedia.com
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Wildfire Insurance Coverage Series, Part 4: Coverage for Supply Chain Related Losses
July 18, 2022 —
Scott P. DeVries & Yosef Itkin - Hunton Insurance Recovery BlogBusiness loss is not limited to fire or smoke damage to its own property – it often arises from damage to the supply chain. In this post in the Blog’s Wildfire Insurance Coverage Series, we look at what coverage may exist when wildfire damages an entity’s supply chain.
In many instances, while the insured property does not sustain fire or smoke damage, wildfires can wreak havoc on the business supply chain. For some, contingent business interruption coverage may be a solution. Contingent business interruption insurance extends coverage for the loss of prospective earnings because of an interruption in the insured’s supply chain that is caused by damage to property that the insured neither owns nor operates.[1] Typically, the property covered is of a supplier or customer. For example, in 2000, Ericsson Telecom A.B., a mobile phone manufacturer, presented a substantial contingent business interruption claim based on a fire that damaged a Royal Philips Electronics semiconductor plant. Royal Philips supplied critical components for Ericsson’s mobile phones. The fire caused Royal Philips to close its plant, halting Ericsson’s phone production for six weeks, resulting in substantial losses.
Reprinted courtesy of
Scott P. DeVries, Hunton Andrews Kurth and
Yosef Itkin, Hunton Andrews Kurth
Mr. DeVries may be contacted at sdevries@HuntonAK.com
Mr. Itkin may be contacted at yitkin@HuntonAK.com
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Insurance Firm Defends against $22 Million Claim
June 15, 2011 —
CDJ STAFFThe Houston law firm of Eggleston & Briscoe successfully defended their client, Colony Insurance Company, which was being sued for $22 million over roof hail damage. The Summer Hill Village Community Association did not convince a jury that the insurance company had violated state law or breached its contract when it denied coverage for the roofs. The homeowners association contended that the roof damage was due to a hail storm in 2007. The jury agreed with experts who contended the damage was already present at that time.
Mr. Eggleston noted that “when your client is sued for a claim of $22 million, it is very satisfying to hear a jury agree that they in fact acted honorably and owed nothing.”
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