Theresa Chimento | J.S. Held Overview Projects that involve damage or disturbance of painted or coated surfaces, as well as development or improvements of existing structures, may involve some level of lead impact regardless of the type, age, or location of the property. The use of lead in paints and coatings has not been completely… Continue reading Lead-Based Paint Regulations & How They Impact Your Project – Second Edition
Month: March 2023
A Prevailing Party Provision Should Define What It Means to Prevail
William Wilson | Construction Law Zone A typical prevailing party contract provision allows the prevailing party in litigation or arbitration to recover their attorney’s fees from the other party. It is an attractive provision when negotiating a construction contract and its existence often weighs on the decision to pursue litigation or arbitration. However, which party… Continue reading A Prevailing Party Provision Should Define What It Means to Prevail
Design Defect Claims Cannot Defeat a Defense of Governmental Immunity Under Public-Building Exception
Marisa R. Brunetti | Plunkett Cooney What’s the difference between repairs, maintenance and design defects and which one does a school district need to worry about? The short answer to that question is that school districts need to worry about all of them. However, for purposes of asserting governmental immunity in order to avoid claims… Continue reading Design Defect Claims Cannot Defeat a Defense of Governmental Immunity Under Public-Building Exception
NDAA Section 822 – Contractors Should Act Now to Seek Relief
Matthew J. Flynn and Sarah Sutton Osborne | BuildSmart On December 23, 2022, President Joseph R. Biden signed into law the 2023 National Defense Authorization Act (NDAA) as Public Law No. 117-7776, which included Section 822: “Modification of Contracts to Provide Extraordinary Relief Due to Inflation Impacts.” This section temporarily gives new discretionary authority to the… Continue reading NDAA Section 822 – Contractors Should Act Now to Seek Relief
Summary Judgment in Favor of General Contractor Under Privette Doctrine Overturned: Lessons Learned
Garret Murai | California Construction Law Blog It seems like we’ve been seeing a lot of Privette doctrine cases recently. Here’s another, Brown v. Beach House Design & Development, 85 Cal.App.5th 516 (2002), which provides a cautionary tale for general contractors to watch what they include in their scope of work and how they manage projects. The Beach… Continue reading Summary Judgment in Favor of General Contractor Under Privette Doctrine Overturned: Lessons Learned