Columbus Ohio Building Expert Directory

AIA Releases Decennial 2017 Updates to its Contracts Suites

June 29, 2017 — Garret Murai - California Construction Law Blog
The American Institute of Architect’s (AIA) suite of design and construction documents are among the most popular industry form contracts. Every ten years the AIA reviews and updates its core documents, and early this Spring, announced the release of its updated contract documents. Among the new changes include:

Communications Between Owners and Contractors: Expands the ability of owners and contractors to communicate directly while maintaining an architect’s ability to remain informed about communications that affect the architect’s services.
Owners’ Financial Ability to Pay for Project: Clarifies provisions requiring owner to provide proof it has made financial arrangements to pay for project.
Contractor Pay Application Requirements: Simplifies provisions for contractors to apply for, and receive, payments.

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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

You Need to be a Contractor for Workers’ Compensation Immunity to Apply

November 16, 2020 — David Adelstein - Florida Construction Legal Updates
If you are a contractor, you are aware of workers’ compensation immunity when it comes to injuries on the site; and, if not, you should be. It is this workers’ compensation immunity (where workers compensation is the exclusive form of liability for an injured employee) which is why a contractor should generally always want to ensure its subcontractors have workers’ compensation insurance. Workers’ compensation immunity would protect a contractor that is being sued by a subcontractor’s employees that are injured on the job. For more information on workers’ compensation immunity, please check out this article and this article. In this regard, Florida Statute s. 440.10(1)(b) provides:

In case a contractor sublets any part or parts of his or her contract work to a subcontractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment, and the contractor shall be liable for, and shall secure, the payment of compensation to all such employees, except to employees of a subcontractor who has secured such payment.

(If the subcontractor does not have workers’ compensation insurance, the contractor is deemed the statutory employer and its workers’ compensation insurance would apply. Otherwise, the subcontractor’s workers compensation insurance would apply.) Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Bad Faith Claim For Independent Contractor's Reduced Loss Assessment Survives Motion to Dismiss

January 28, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The insured's bad faith claim based upon the insurer's alleged use of an independent contractor to assess the amount of loss in order to lower the amount paid survived a motion to dismiss. Williamson v. Chubb Indem. Ins. Co., 2013 U.S. Dist. LEXIS 178022 (E.D. Pa. Dec. 19, 2013). The insureds' home was damaged. Chubb, their insurer, retained an independent contractor, Eastern Diversified Services (EDS) to assess the amount of loss. EDS estimated the loss to be $193,270.43, and Chubb paid this amount. Chubb's standard practice was to conduct damage estimates itself using an estimating program called Symbility. EDS used a different program with a data base creating lower payments for loss. When this was brought to Chubb's attention, Chubb refused to recalculate the plaintiff's estimate. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Struggling Astaldi Announces Defaults on Florida Highway Contracts

April 22, 2019 — Scott Judy - Engineering News-Record
Astaldi Construction Corp. announced on March 28 that it was voluntarily defaulting on four contracts with the Florida Dept. of Transportation. Included among those was a $108.3-million contract covering the 3.5-mile-long Section 7A for the $1.6-billion Wekiva Parkway project. Astaldi’s default on that project comes nearly a year after the contractor commenced work on April 1, 2018. Read the court decision
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Reprinted courtesy of Scott Judy, ENR
Mr. Judy may be contacted at judys@enr.com

Another Worker Dies in Boston's Latest Construction Accident

June 20, 2022 — Scott Van Voorhis - Engineering News-Record
Boston Police and the US Occupational Safety and Health Administration are investigating a June 9 early morning construction accident that killed a worker in Boston’s Seaport district— the latest in a spate of fatalities at worksites across the city's metro area during the past 18 months. Reprinted courtesy of Scott Van Voorhis, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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FAA Plans Final Regulation on Commercial Drone Use by Mid-2016

June 17, 2015 — Rachel Adams-Heard and Alan Levin – Bloomberg
The Federal Aviation Administration intends to issue final regulations for operating small commercial drones by the middle of 2016, a top administrator told a U.S. House committee Wednesday. “The rule will be in place within the year,” FAA Deputy Administrator Michael Whitaker said at the House Oversight Committee hearing. He said, “hopefully before June 17, 2016.” While the FAA has previously said it was seeking to complete the rule as swiftly as possible, Whitaker’s comments in answering lawmakers’ questions are the most specific yet about timing. Reprinted courtesy of Rachel Adams-Heard, Bloomberg and Alan Levin, Bloomberg Read the court decision
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Insurer’s “Failure to Cooperate” Defense

November 14, 2018 — David Adelstein - Florida Construction Legal Updates
The “failure to cooperate” defense is a defense an insurer may raise when its insured fails to cooperate with it in the defense of the claim against the insured. If an insurer takes this position, it will typically be denying both defense and indemnification obligations, meaning the insured could be forfeiting coverage that otherwise exists through his/her/its failure to cooperate with the insurer. This defense by the insurer is not absolute as recently explained by the Fourth District in Barthelemy v. Safeco Ins. Co. of Illinois, 43 Fla.L.Weekly D2379a (Fla. 4th DCA 2018) discussing the elements of this failure to cooperate defense. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Traub Lieberman Attorneys Recognized in the 2022 Edition of The Best Lawyers in America®

September 13, 2021 — Traub Lieberman
Traub Lieberman is pleased to announce that three Partners have been selected by their peers for inclusion in the 2022 edition of The Best Lawyers in America®. In addition, five attorneys have been included in the 2022 Best Lawyers®: Ones to Watch list. These recognitions include attorneys from the firm’s Chicago, IL; Palm Beach Gardens, FL; and St. Petersburg, FL offices. 2022 Best Lawyers®

Brian C. Bassett – Insurance Law

Rina Clemens – Personal Injury Litigation – Defendants

Scot E. Samis – Appellate Practice

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Reprinted courtesy of Traub Lieberman

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