Action Needed: HB24-1230 Spells Trouble for Colorado Construction Industry and its Insurers
March 25, 2024 —
David McLain - Higgins, Hopkins, McLain & Roswell, LLCIn an apparent gift to plaintiffs’ construction defect lawyers, Representatives Parenti and Bacon introduced House Bill 24-1230 on February 12, 2024. The bill was assigned to the House Judiciary Committee and is scheduled for hearing on March 6th, during the afternoon session beginning at 1:30 pm. To date, the bill does not have any senate sponsors, perhaps because the senators are more interested in serving their constituents’ needs for attainable housing than in lining the pockets of their plaintiffs’ construction defect attorney friends.
According to the bill’s summary, HB 24-1230 contains the following provisions:
Current law declares void any express waivers of or limitations on the legal rights or remedies provided by the “Construction Defect Action Reform Act” or the “Colorado Consumer Protection Act.” Sections 1 and 4 make it a violation of the “Colorado Consumer Protection Act” to obtain or attempt to obtain a waiver or limitation that violates the aforementioned current law.
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David McLain, Higgins, Hopkins, McLain & RoswellMr. McLain may be contacted at
mclain@hhmrlaw.com
Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue
March 22, 2017 —
Nadine M. Post – Engineering News-RecordThe complex maneuver of lifting heavy prefabricated modules out of New York City's East River to build a university laboratory took careful planning and the work of one particular floating crane with a complicated past.
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Nadine M. Post, Engineering News-RecordMs. Post may be contacted at
postn@enr.com
We've Surveyed Video Conferencing Models to See Who Fits the CCPA Bill: Here's What We Found
August 10, 2020 —
Shaia Araghi & Kyle Janecek – Newmeyer DillionWorldwide closures as a result of COVID-19 have resulted in an extreme surge in video conferencing use. This spike in use has also resulted in increased concern about the privacy of these video conferencing applications, including a class action lawsuit against one of the applications: Zoom. Because of this, we took a deeper look into the privacy policies of six prominent video conferencing applications and created a chart showing each video conferencing application's compliance with the California Consumer Privacy Act. Reviewing these materials will provide an awareness of the deficiencies within the Privacy Policies, which can help you become more well-informed about your own rights, and more knowledgeable about any deficiencies in your own business' privacy policy. If these widely-used and widely-known companies can have deficiencies, it is an important way to re-examine and fix these issues in your own.
To determine this, we reviewed the CCPA's twenty requirements for compliance, including: (1) the existence of a privacy policy, (2) required disclosures of information regarding the existence of rights under the CCPA, (3) instructions on how to exercise rights, and (4) providing contact information.
Here are the top 5 discoveries from our review:
1)
No videoconferencing applications address authorized agents. This makes sense, as the treatment of authorized agents were just laid out in the recently finalized regulations. This is a reminder to businesses to utilize these regulations when setting up compliance measures to ensure there is no risk in missing out on requirements like this, which will still be required and enforced by the Attorney General.
2)
Three platforms (WebEx, Skype, and Teams) have separate tabs and pages detailing privacy policies, and don't necessarily have a single unified and simple policy. Because of the accessibility requirements, this means that the privacy policy may not be readily accessible on the business's website, and may open companies to arguments that the entirety of their policy is non-compliant if key portions are hidden or otherwise inaccessible. Therefore to eliminate this concern, keep your policy unified, simple and in one location for ease of viewing.
3)
None of the platforms address information relating to minors under the age of 16, which is notable as some of these platforms have been used for online education. The final regulations outline different treatment for minors from ages 13 to 16, and for minors under the age of 13. As a result, privacy policies focused on compliance with the Children's Online Privacy Protection Act (COPPA) may be insufficient as it only applies to those under 13 years old.
4)
While all of the platforms state that no sale of information occurs, two platforms (Zoom and GoToMeeting) go above and beyond to explain the right to opt-out of sales. This is especially great as the CCPA permits that no notice needs to be given if no sale occurs. By taking this extra step, Zoom and GoToMeeting explain to their users that they have additional rights, which may be necessary as these platforms are also used by other entities, which may collect or otherwise use information collected from a videoconference meeting.
5)
Only one platform (Wire) does not give instructions on how to delete information. The CCPA regulations still require that information regarding instructions on how to delete information be given. The lack of instructions does not relieve Wire from its obligations, and similarly situated businesses may find themselves in a position where they will have to comply with a consumer request, in any form, as the regulations require that a business either comply, or list the proper instructions on how to make the request.
Download the Full Breakdown
To learn more about our findings and how the video conferencing companies stacked up against the CCPA, visit: https://www.newmeyerdillion.com/ccpa-privacy-policy-compliance-videoconferencing-platforms/. We hope this serves as a reminder to everyone to read the privacy platforms for the services you use and update your company's privacy policies to comply with the most recent regulations, as none of these services are currently in complete compliance, and it is only a matter of time before enforcement begins.
Shaia Araghi is an associate in the firm's Privacy & Data Security practice, and supports the team in advising clients on cyber-related matters, including compliance and prevention that can protect their day-to-day operations. For more information on how Shaia can help, contact her at shaia.araghi@ndlf.com.
Kyle Janecek is an associate in the firm's Privacy & Data Security practice, and supports the team in advising clients on cyber related matters, including policies and procedures that can protect their day-to-day operations. For more information on how Kyle can help, contact him at kyle.janecek@ndlf.com.
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Do We Need Blockchain in Construction?
June 22, 2020 —
Cristina Savian - AEC BusinessBlockchain technology claimed to have the potential to disrupt many aspects of how companies do business. And like other emerging technologies, I have been exploring its uses, benefits and assessing its potential opportunities in the construction industry. If like me, you have been wondering what it is and if its applications are limited to financial services and cryptocurrencies; you will be pleasantly surprised to discover that it has a lot more applications with exciting opportunities for our sector too.
Blockchain could have a significant impact on our industry. In writing this article I have discovered that the Australian government is full steam ahead, that many organisations are currently building their own blockchain networks and that it is something that businesses right across the built environment should be preparing for now. But more on that soon, first we need to define what blockchain is.
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Cristina Savian, AEC Business
Cal/OSHA Approves COVID-19 Emergency Temporary Standards; Executive Order Makes Them Effective Immediately
July 11, 2021 —
Leila S. Narvid - Payne & Fears LLPOn June 17, 2021, California's Occupational Safety and Health Standards Board (Standards Board) passed amended COVID-19 Emergency Temporary Standards (ETS). Gov. Gavin Newsom issued an Executive Order to make the amended ETS effective as soon as filed with the Secretary of State. The Office of Administrative Law (OAL) filed them, and the Secretary of State posted them, making the ETS effective immediately. These changes attempt to bring the ETS in alignment with recent changes to California Department of Public Health Order and the latest guidance from the Center for Disease Control (CDC). Highlights of the changes to the ETS can be found here.
Face Coverings in the Workplace; Elimination of Physical Distancing
Notably, fully vaccinated employees do not have to wear a face covering indoors except in limited circumstances. Unvaccinated workers will still need to wear face coverings indoors (unless they are alone in a room or eating and drinking) and in shared vehicles. All employees regardless of vaccination status do not have to wear masks outdoors. Unvaccinated employees must be trained that face coverings are recommended outdoors for individuals who are not fully vaccinated when six feet of physical distance cannot be maintained.
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Leila S. Narvid, Payne & Fears LLPMs. Narvid may be contacted at
ln@paynefears.com
Eminent Domain Bomb Threats Made on $775M Alabama Highway Project
July 03, 2022 —
Derek Lacey - Engineering News-RecordMultiple bomb threats have been made against Alabama transportation officials, law enforcement and others in reaction to eminent domain plans for a major highway expansion project.
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Derek Lacey, Engineering News-Record
Mr. Lacey may be contacted at laceyd@enr.com
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Effective Strategies for Reinforcing Safety Into Evolving Design Standards
July 02, 2024 —
Ethan Harris - Construction ExecutiveFrom design/build condos to built-to-suit warehouses, one factor remains the highest priority regardless of the project type—the approach to upholding the highest level of safety. Safety exists as a core value across all areas of the construction industry, but the increased risk of serious injuries or fatalities persists. Ranked fourth on the United States Bureau of Labor Statistics’ list of occupations with the most fatality rates, construction workers put their lives in danger each time they step onto the jobsite.
Considering this risk, it’s important for every team member—from subcontractors to superintendents—to take responsibility for safety compliance, empowering their workforce to take ownership of their own actions and hold others accountable for theirs. To help enhance safety efforts from start to completion, safety leaders are focusing on ways to implement safety standards within each component of a building’s design. Although this approach requires more comprehensive planning and strategizing on the front end, it is intended to reduce and mitigate hazards before they become larger issues. Keeping this idea in mind, here are a few actionable methods for managing projects designed around safety compliance.
ASSESS FIRST
No two jobsites are the same. From crowded pedestrian walkways to dangerous existing infrastructure, each project requires specific layouts, materials and processes to be fully functional both during and after construction. Given the unique nature of each site, a detailed risk assessment must be conducted before any other design and/or building activities begin. During this initial assessment, careful consideration should be placed on the overall flow as it relates to the people, processes and equipment located on or near the construction site.
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Ethan Harris, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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No Duty to Defend Under Renter's Policy
May 03, 2021 —
Tred R. Eyerly - Insurance Law HawaiiThe court agreed that the insurer had no potential liability under a policy where the insured allegedly concealed facts and made misrepresentations regarding the condition of the property it sold. State Farm Fire & Cas. Co. v. TFG Enterprises, LLC, 2021 Neb. LEXIS 27 (Neb. Feb. 19, 2021).
TFG sold a house to Jeffrey Barkhurst. Thereafter, Barkhurst filed suit alleging that TFG failed to disclose and actively concealed several defects, including water intrusion, the presence of mold, substandard repairs and structural issues. State Farm agreed to TFG defend under a reservation of rights. State Farm then filed a declaratory judgment action to determine its obligations under the policy.
State Farm relied upon various exclusions in the rental policy issued to TFG. The exclusions provided there would be no liability coverage for "property damage to property owned by an insured"; "property damage to property rented to, occupied or used by or in the care of the insured"; or "property damage to premises the insured sells. . . if the property damage arises out of these premises."
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
