Todd M. Heffner | Smith Currie | August 20, 2018 Most construction contracts require that any changes to the work be made formally, in writing, via a change order, work directive, or similar written document. Frequently, however, changes to the work or extra work are communicated orally by the architect, engineer, or owner’s representative, instead… Continue reading Can’t Get a Written Change Order? Document, Document, Document
Month: September 2018
Attorneys’ Fees Awarded “Because Of” Property Damage Are Covered by Policy
Tred R. Eyerly | Insurance Law Hawaii | August 6, 2018 The Ninth Circuit upheld the District Court’s decision that the insured Association of Apartment Owners was entitled to coverage for the attorneys’ fees incurred [prior post here].Ass’n of Apartment Owners of the Moorings, Inc. v. Dongbu Ins. Co., Ltd., 2018 U.S. App. LEXIS 20251 (9th… Continue reading Attorneys’ Fees Awarded “Because Of” Property Damage Are Covered by Policy
Ambiguous Grant Of Collapse Coverage Construed In Policyholder’s Favor
Richard Wolf | Claims Journal | August 27, 2018 Invoking the familiar insurance contract interpretation doctrine of California and other jurisdictions, that truly ambiguous policy wording must be construed against the insurer drafting it, the U.S. District Court for the Eastern District of California decided on August 16, 2018 that coverage for “abrupt collapse” of a… Continue reading Ambiguous Grant Of Collapse Coverage Construed In Policyholder’s Favor
The “Time Of Application” Rule Will Not Protect Developers Who Submit Incomplete Applications.
Carl A. Rizzo | Cole Schotz | August 28, 2018 Developers often employ the “time of application” rule (“TOA Rule”) to avoid having to comply with certain legal requirements enacted after an application has been submitted to a local planning or zoning board. More specifically, the TOA Rule provides that “notwithstanding any provision of law… Continue reading The “Time Of Application” Rule Will Not Protect Developers Who Submit Incomplete Applications.
Concussions Aren’t Just a Risk for NFL Players: Hardhats versus Safety Helmets
Fisher Phillips | August 25, 2018 While recently meeting with a group of contractors, I noticed that three large general contractors were requiring their employees to wear safety helmets instead of traditional hardhats, despite the approximately $120 cost per helmet. Futuristic Kask helmets were the helmet of choice. Kask states that the helmets satisfy ANSI Z89.1-2014. Technical specs. Arguably… Continue reading Concussions Aren’t Just a Risk for NFL Players: Hardhats versus Safety Helmets