Cambridge Massachusetts Building Expert Directory

Shutdowns? What A Covid-19-Safe Construction Site Looks Like

April 20, 2020 — ENR Editors - Engineering News-Record
There’s no end to published opinions about construction project shutdowns where the widely different types of jobsites are reduced to a single Dickensian nightmare crying out to be closed during this COVID-19 pandemic. ENR Editors ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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Additional Insured Coverage Confirmed

February 23, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The Texas Court of Appeals found that Exxon Mobil Corporation was an additional insured under the CGL policy for Exxon's service provider. Liberty Surplus Ins. Corp. v. Exxon Mobil Corporation, 2015 Tex. App. LEXIS 12757 (Tex. Ct. App. Dec. 17, 2015). Exxon contracted with Wyatt Field Service Company to perform "services" as set forth in various work orders from Exxon's affiliates. The contract also required Wyatt to maintain $5 million of commercial general liability insurance. The contract provided that the policies must cover Exxon and its affiliates "as additional insureds in connection with the performance of Services." In 2008, Wyatt was assigned to work on a flexicoker unit at Exxon's refinery. Wyatt was to reinstall dummy nozzles and chains. It completed this service in October 2008. Three years later, one of the dummy nozzles pulled free, and the escaping steam and coke burned three individuals who were working on the unit. After the accident, it was discovered that the safety chain had been installed in the wrong location so that it did not properly secure the dummy nozzle. 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

COVID-19 Vaccine Considerations for Employers in the Construction Industry

July 11, 2021 — Maggie Spell - ConsensusDocs
1. 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. Read the court decision
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Reprinted courtesy of Maggie Spell, Jones Walker LLP
Ms. Spell may be contacted at mspell@joneswalker.com

First Look at Long List of AEC Firms Receiving PPP Loans

July 20, 2020 — Tom Ichniowski & Scott Blair - Engineering News-Record
Thousands of construction and design firm from all parts of the U.S. appear on lists of companies that have received federal Paycheck Protection Program forgivable loans, according to federal documents just made public. Reprinted courtesy of Tom Ichniowski, Engineering News-Record and Scott Blair, Engineering News-Record Mr. Ichniowski may be contacted at ichniowskit@enr.com Mr. Blair may be contacted at blairs@enr.com Read the full story... Read the court decision
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Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor's Policy

June 07, 2021 — Tred R. Eyerly - Insurance Law Hawaii
When sued for construction defects caused by the subcontractor, the general contractor was granted summary judgment on the issue of coverage under the subcontractor's policy. Meritage Homes of Ga. v. Grange Ins. Co., 2021 U.S. Dist. LEXIS 84591 (N.D. Ga. March 23, 2021). Meritage built a home for the owners. Easterwood Excavating, Inc. was the subcontractor for excavation and grading work. Meritage was named an additional insured under Easterwood's policy with Grange. After construction was completed, the owners were experiencing severe flooding after rain storms purportedly due to defects in the grading, site preparation and excavation. The owners filed an arbitration against Meritage for damages. The owners alleged that Meritage improperly excavated and graded their lot, causing water to collect and pool in their yard. Meritage denied all liability and looked to Easterwood and Grange for defense and indemnification. Grange denied coverage, contending there was no occurrence which resulted in property damage. The arbitrator found that the folding of water was caused by Meritage's improper grading of the lot. A Final Award in the amount of $129,530.93 was issued against Meritage. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Zero-Net Energy Homes Costly Everywhere but at the Electric Meter

August 27, 2013 — CDJ STAFF
On one hand, your walls are about nine inches thick. On the other hand, your heating and cooling costs are nonexistent. Greenhill Contracting is building “zero-net energy” homes in New Paltz, New York. The homes are designed to create more power than they consume. In addition to the walls, which WDTN News describes as “castle thick,” the homes include solar panels, triple-glazed windows, and geothermal heating and cooling systems. The cost for a three-bedroom home in this development starts at about $400,000. Meritage Homes is offering net-zero as an option on its homes. Based in Arizona, Meritage builds homes across the country. Another national builder, Shea Homes, calls its net-zero option “SheaXero,” and has built about a thousand in four western states and in Florida. One Arizona homeowner notes that she runs her air conditioner constantly, but “I still have never paid more than $18 and some change.” Sometimes she even gets a credit. Read the court decision
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William Lyon Homes Unites with Polygon Northwest Company

June 26, 2014 — Beverley BevenFlorez-CDJ STAFF
Big Builder’s Les Shaver reported that William Lyon Homes has acquired Polygon Northwest Company, “the largest private home builder in the [Pacific Northwest] region,” for “approximately $520 million.” "Polygon Northwest Company brings an attractive level consistency to William Lyon Homes with a steady average of 57 homes per month and a portfolio of communities that includes a nice product mix of single family detached [80 percent] and attached product [20 percent]," Catherine LaFemina, director of business development in the Seattle market for Metrostudy, told Big Builder. "Based on the trailing 12 months of home closings, [June 2013 to May 2014], Lyon’s acquisition of Polygon will increase the volume of homes being delivered by 50 percent to an average monthly volume of about 115 homes per month." Read the court decision
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Kiewit Hired as EPC for Fire-Damaged Freeport Gas Terminal Fix

September 19, 2022 — Mary B. Powers - Engineering News-Record
Freeport LNG’s $13.5-billion natural gas liquefaction plant and export terminal in Texas, closed since a June 8 fire and explosion that damaged the facility, said it will not partially reopen until possibly mid-November, and not fully operate until next March—the third delay it has announced. Reprinted courtesy of Mary B. Powers, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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