Parker Rains | Construction Executive | December 3, 2019 Every year, the U.S. Occupational Safety and Health Administration (OSHA) inspects workplaces around the country for safety and occupational hazards. In 2017 alone, OSHA conducted 32,408 inspections – more than half of which were unprogrammed inspections. There are six reasons OSHA might come knocking on the door. They are (in order… Continue reading What to Do Before OSHA Comes Knocking
Month: January 2019
Appraisal: Competent, Disinterested and Impartial. Are appraisers and Umpires Ever Actually Any of the Three?
Michael Buonocore | Property Insurance Coverage Law Blog | January 14, 2019 Recently, I presented at the Professional Public Adjusters Association of New Jersey educational conference on the area of insurance appraisal to roughly 30 public adjusters. During my preparation, I reviewed current and past appraisal provisions contained within standard insurance policies. In my research, I found… Continue reading Appraisal: Competent, Disinterested and Impartial. Are appraisers and Umpires Ever Actually Any of the Three?
Maximizing Recovery of Liquidated Damages
Jessica E. Sabbath | King & Spalding | January 9, 2019 During construction and commissioning of large-scale energy projects, every day of delay or failure to meet plant performance requirements can result in the owner incurring substantial damages. Indeed, power industry owners can incur damages such as additional financing and administrative costs, in addition to… Continue reading Maximizing Recovery of Liquidated Damages
General Release of Contractor Upheld Despite Knowledge of Construction Defects
Garret Murai | California Construction Law Blog | January 14, 2019 Ah, the elusive Lepus Cornutus, commonly known as the Jackalope. Rarely seen, we may have one in SI 59 LLC v. Variel Warner Ventures, LLC, Court of Appeals for the Second District, Case No. B285086 (November 15, 2018), an interesting case involving a developer, a contractor, a… Continue reading General Release of Contractor Upheld Despite Knowledge of Construction Defects
California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite
Gus Sara | The Subrogation Strategist | January 10, 2019 In Kohler Co. v. Superior Court, 29 Cal. App. 5th 55 (2018), the Second District of the Court of Appeal of California considered whether the lower court properly allowed homeowners to bring class action claims under the Right to Repair Act (the Act) against a manufacturer of a… Continue reading California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite