Blackouts Require a New Look at Backup Power
April 06, 2020 —
John McBride - Construction ExecutiveRecent blackouts on both East and West coasts are causing commercial property owners to reassess their need for backup power. The likelihood of more-frequent blackouts means backup power must evolve from ensuring the safe exit of office workers to enabling core business functions to continue uninterrupted. That’s a major shift in preparedness that construction executives should consider in future planning.
In New York City on July 13, 2019, a Con Edison blackout left 72,000 customers in Manhattan and Queens without power primarily because of a flawed connection at an electrical substation. Eight days later, a second Con Edison blackout left more than 50,000 customers, mostly in Brooklyn, without power due to high usage during a heat wave. These events occurred even though, as Con Edison stated, the New York City grid is one of the most complex and technologically advanced in the world and contains multiple layers of redundancy.
In northern and central California in late October, 2019, intentional blackouts were implemented by Pacific Gas and Electric (PG&E) on a massive scale in response to out-of-control wildfires. “Never before in California history have more than 2 million people gone five days without electrical power because of the intentional safety policy of a utility,” reported the Los Angeles Times. It was the second massive blackout in California in two weeks, after PG&E had earlier shut off power to almost 2 million people in rolling blackouts.
The blackouts on both coasts are remarkable not only for their breadth but for the range of causes—from limiting wildfires sparked in part by faulty, above-ground, power lines to a flawed connection at a substation to overuse during a heat wave. The conditions creating those causes are not likely to subside, and Con Edison warned this summer of more service outages to come. In California, The Washington Post writes, “blackouts are redefining the prosperous state.”
Reprinted courtesy of
John McBride, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the court decisionRead the full story...Reprinted courtesy of
Construction Venture Sues LAX for Nonpayment
February 05, 2014 —
Beverley BevenFlorez-CDJ STAFFConstruction joint venture Walsh/Austin filed suit against the Los Angeles International Airport, claiming that “the airport failed to properly pay more than $2.4 million to an electrical subcontractor,” according to The Daily Breeze. Furthermore, SASCO, the electrical firm, alleged that they were “given inaccurate design documents that made it impossible for the company to carry out the work at the agreed-upon rate.”
The complaint, as reported by The Daily Breeze, cited “other lawsuits brought by an Orange County plastering firm and a Buena Park door company” and suggested that “eventually, all the litigation tied to nonpayment at LAX will end up in the same courtroom.”
Nancy Castles, a spokeswoman for Los Angeles World Airports, told The Daily Breeze that “the agency does not comment on pending litigation.”
Read the court decisionRead the full story...Reprinted courtesy of
Settlement Reached in Bridge Failure Lawsuit
December 11, 2013 —
CDJ STAFFOfficials claimed the failure of a bridge in Afton Township, Illinois was because trucks owned by Welded Construction used the bridge despite exceeding the bridge’s weight limit of 36.5 tons. The firm argued that they should be responsible for the depreciated cost of the bridge, not its replacement cost. Welded Construction had been using the bridge to get to the site of an oil pipeline construction project for Enbridge Energy.
Replacement of the bridge was initially estimated at $933,000, but that was in advance of any design work. Enbridge Energy settled the case at $900,000, which should cover most or all of the cost of repair or replacement. Some federal funds may also be available for repairing or constructing a new bridge.
Read the court decisionRead the full story...Reprinted courtesy of
Ignoring Employee ADA Accommodation Requests Can Be Costly – A Cautionary Tale
March 29, 2021 —
Peter Shapiro - Lewis BrisboisAs all employers should well know by now, the Americans with Disabilities Act (ADA) and many state and local counterparts may require employers to engage in an interactive process in response to a disabled employee’s request for a workplace accommodation. A recent ruling by the First Circuit Court of Appeals illustrates why employers have a very strong financial incentive to be proactive in adopting and rigorously enforcing their disability accommodation policies.
In Burnett v. Ocean Properties, decided on February 2, 2021, a wheelchair user employed by a hotel chain call center complained internally that the office’s entrance was not accessible to him. It had heavy doors beyond which was a downward slope that caused the plaintiff’s wheelchair to roll backwards as the door closed on him, requiring him to exert greater force as he struggled to enter. He asked that push-button automatic doors be installed. The employer did not take any meaningful steps to address the complaint with the plaintiff. Eventually he was injured as he tried to open the door. Still, the employer did not follow up on his accommodation request. The plaintiff eventually filed an administrative charge with the Maine Human Rights Commission. The employer met with the plaintiff at that time, but claimed lack of familiarity with ADA compliance requirements and took no action to address the complaint. The plaintiff eventually resigned and filed suit in federal court when the administrative process was completed.
Read the court decisionRead the full story...Reprinted courtesy of
Peter Shapiro, Lewis BrisboisMr. Shapiro may be contacted at
Peter.Shapiro@lewisbrisbois.com
Orion Group Holdings Honored with Leadership in Safety Award
October 09, 2023 —
Orion Group Holdings, Inc.HOUSTON, Oct. 06, 2023 (GLOBE NEWSWIRE) -- Orion Group Holdings, Inc. (NYSE: ORN) ("Orion" and "Company"), a leading specialty construction and engineering company today announced it received the Company Award for Leadership in Safety from the Council of Dredging and Marine Construction Safety (CDMCS). The award, presented at the 2023 CDMCS Annual Awards Dinner in Washington, D.C. on September 28, recognizes outstanding safety leadership in the dredging and marine construction industry.
Orion Group Holdings was recognized for advancing a safety-first culture through safety-conscious policies and procedures in the workplace, mentoring others in safety, training on identifying and properly controlling hazards, and placing high personal value on collaborative and proactive work toward improving safety. Travis Boone, President and Chief Executive Officer of Orion Group Holdings, accepted the award at the ceremony.
"I am honored to accept this award on behalf of our Orion team, who work collaboratively every day to meet exacting standards while safely delivering world-class marine construction and dredging services to our customers," said Orion Group Holdings CEO Travis Boone. "Our safety-through-leadership success is born out of a strong advocacy for accident prevention, innovative training and a commitment to exceeding regulatory compliance. Being responsible and accountable is a priority for every team member, with special emphasis on performing every task safely, every time."
About Orion Group Holdings
Orion Group Holdings, Inc., a leading specialty construction company serving the infrastructure, industrial and building sectors, provides services both on and off the water in the continental United States, Alaska, Hawaii, Canada and the Caribbean Basin through its marine segment and its concrete segment. The Company's marine segment provides construction and dredging services relating to marine transportation facility construction, marine pipeline construction, marine environmental structures, dredging of waterways, channels and ports, environmental dredging, design, and specialty services. Its concrete segment provides turnkey concrete construction services including place and finish, site prep, layout, forming, and rebar placement for large commercial, structural and other associated business areas. The Company is headquartered in Houston, Texas with regional offices throughout its operating areas. https://www.oriongroupholdingsinc.com.
Read the court decisionRead the full story...Reprinted courtesy of
Attorneys Fees Under California’s Prompt Payment Statutes. Contractor’s “Win” Fails the Sniff Test
October 02, 2015 —
Roger Hughes – California Construction Law BlogThis past month, the California Court of Appeals for the Third District, in James L. Harris Painting & Decorating, Inc. v. West Bay Builders, Inc., Case No. C072169 (August 27, 2015), handed down a decision in a construction contract battle that has raged since 2007. And, once again, the winner is . . . in the words of Justice Andrea Lynn Hoch who authored the opinion . . . . “no prevailing party in [the] case” and hence “no prevailing party attorney’s fees [ ] awarded.”
Background
In Harris, subcontractor James L. Harris Painting & Decorating, Inc. (“Harris”) sued general contractor West Bay Builders, Inc. (“West Bay”) for extra work performed on a school construction project in Stockton, California. Among its claims, Harris asserted that West Bay was liable under California’s prompt payment statutes for failure to timely pay Harris.
Read the court decisionRead the full story...Reprinted courtesy of
Roger Hughes, Wendel Rosen Black & Dean LLPMr. Hughes may be contacted at
rhughes@wendel.com
Hawaii Federal District Court Again Rejects Coverage for Faulty Workmanship
January 13, 2017 —
Tred R. Eyerly - Insurance Law HawaiiThe federal district court for the District of Hawaii continued its longstanding pattern of finding no coverage for claims based upon construction defects. Am. Auto. Ins. Co. v. Haw. Nut & Bolt, 2016 U.S. Dist. LEXIS 174243 (D. Haw. Dec. 16, 2016).
Safeway filed a complaint against Hawaii Nut & Bolt (HNB). The complaint involved issues pertaining to the construction of the roof deck at a Safeway store. HNB was a subcontractor hired to supply a coating system on the roof of the store to make it waterproof. The product was manufactured by VersaFlex. After the store opened, there were water leaks from the roof. This disrupted business operations and caused damage to Safeway's business and reputation. HNB tendered the claims to its CGL carrier, Fireman's Fund Insurance Corporation (FFIC). FFIC defended the underlying lawsuit for six years under a reservation of rights.
Read the court decisionRead the full story...Reprinted courtesy of
Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Greystone on Remand Denies Insurer's Motion for Summary Judgment To Bar Coverage For Construction Defects
June 28, 2013 —
Tred EyerlyA prior post here discussed the Tenth Circuit's decision in Greystone Constr., Inc. v. National Union Fire & Marine Ins. Co., 661 F. 3d 1272 (10th Cir. 2011). The court found a duty to defend construction defect claims where damage caused by the faulty workmanship was unintentional. The Tenth Circuit remanded for a determination on whether any policy exclusions precluded a defense or indemnity for damage arising from faulty workmanship. On remand, the district court denied National Union's Motion for Summary Judgment, seeking to establish the policy exclusions precluded its duty to defend and to indemnify. See Greystone Constr., Inc. v. v. National Union Fire & Marine ins. Co., 2013 U. S. LEXIS 46707 (D. Colo. March 31, 2013).
Greystone was sued for construction defects in homes it built. The suit alleged that Greystone failed to recognize defects in the soil where the house was built. National Union refused to defend. The district court initially granted summary judgment to National Union because claims arising from construction defects were not covered. As noted above, the Tenth Circuit vacated because the damage in the underlying suit did not categorically fall outside coverage under the policy.
On remand, National Union first argued there was no duty to defend based upon an exclusion precluding coverage for damage arising out of work done by subcontractors unless the subcontractors agreed in writing to defend and indemnify the insured and carried insurance with coverage limits equal to or greater than that carried by the insured. The Tenth Circuit rejected this argument because National Union had to rely on facts outside of the underlying complaint.
Read the court decisionRead the full story...Reprinted courtesy of
Tred EyerlyTred Eyerly can be contacted at
te@hawaiilawyer.com
