“Prejudice Requirement” for Buy-Back Endorsement Affirmed in Kansas

Kansas court rejects U.S. Court of Appeals Fifth District rulings. HDI Global Insurance Co. issued a general liability policy to PetroSantander (USA), Inc. that included “a limited pollution liability buy-back endorsement …” According to an article in the Traub Lieberman Straus &Shrewsberry Insurance Law Blog, the policy provided “coverage for pollution incidents of a limited […]

CSC Call For Presentations – Deadline Approaching

Atlanta – Kevin Gaffney, director, Construction SuperConference, “The Construction SuperConference plans its educational content to comply with the accreditation requirements accepted by most major credentialing organizations, which allow for attendees to obtain MCLE credits.” The Construction SuperConference is now accepting proposals for the annual event to be held on Dec. 10-12, 2018, in Las Vegas, […]

Opinion—Our Ambivalence Toward President Trump

By Don Wallis. Mr. Trump’s personal actions overshadow his political accomplishments. Peggy Noonan, in an article in the March 10-11, 2018, edition of THE WALL STREET JOURNAL titled Over Trump, We’re as Divided as Ever, poses the question—Why do sensible centrists and moderates who have accomplished and successful business careers continue to have such strong […]

“Look Back” Rule for OSHA Violations is Not Absolute

A recent Second Circuit ruling give OSHA increased discretion in applying the “look back” rule. OSHA’s Field Operations Manual indicates that OSHA officials may “look back” five years when determining whether a company is a repeat violator of OSHA requirements. This is a critical determination because the penalties for repeat violations are greater than those […]

OSHA’s Silica Rule Upheld by D.C. Court of Appeals

The respirable crystalline silica exposure rules remain in effect, for now. OSHA began enforcing stricter requirements for limiting exposure to airborne respirable crystalline silica in September 2017. “The new rule lowers the permissible exposure limit (PEL) for silica to fifty micrograms per cubic meter … from the previous construction standard of 250 micrograms per cubic […]

California Aggressively Pursues Hazardous Waste In Dumpster Violations

This is a cautionary tale for contractors The California Attorney General, in conjunction with local State District attorneys, spent two years inspecting the material deposited in dumpsters of Home Depot stores for illegally discarded hazardous waste material. Kerry Shea’s article in Energy & Environmental Law Blog reports that the penalties exacted against Home depot are […]

Call For Presentations 2018 Construction SuperConference

The Construction SuperConference is now accepting proposals for the annual event to be held December 10-12, 2018, in Las Vegas at the Encore at Wynn. The Construction SuperConference is regarded as one of the leading industry events for construction owners, contractors, general counsel, and construction attorneys. All presentation proposals are due no later than Friday, March […]

Opinion—The Waters of the US Controversy Continues

By Don Wallis. The recent Supreme Court decision adds more uncertainty to the issue.  During the Obama administration, the  U.S. Environmental Protection Agency (EPA) expanded its powers under the Waterways of the United States (WOTUS) Act to include virtually any water anywhere in the country no matter how remote from the “navigable waters of the […]

The Power of Arbitrators in Construction Litigation Reaffirmed

The Seventh Circuit reaffirms an arbitrator’s power to rule on questions of fact. A recent federal case in Illinois, Laborers’ Fund v. W.R. Weis Company, Inc., F.3d, 2018, WL 316555 (7th Cir. Jan. 8, 2018), has confirmed that the long-standing ability of arbitrators to rule on questions of fact applies in withdrawal liability disputes. As […]

Insurance Companies Can Limit Insured’s Right to Independent Counsel

A recent Illinois decision ruled in favor of the insurer. Policyholders occasionally request that insurers allow them to choose their own counsel rather than the “panel defense counsel” the insurer normally appoints to defend cases. Insurance companies typically are loath to agree to this request. An article in NOSSAMAN’S INSURANCE RECOVERY REPORT by Joan Cotkin […]

Construction SuperConference 2017 Brings Together the Best and Brightest!

Atlanta – Kevin Gaffney, director, CSC:  “Enjoy a look back at some of the great moments from the 2017 Construction SuperConference”  “It’s not too early to begin thinking about attending the 2018 Construction SuperConference”, says Kevin Gaffney, CSC conference director.  The 2018 Construction SuperConference, to be held Dec. 10-12 in Las Vegas at the Encore […]

Opinion—The piecemeal federal budget is a disservice to the country

By Don Wallis. Congress continues to pass stopgap budgets every few months with no reasonable expectation of drafting a long-term budget. As of today, it appears there is no chance Congress will pass a long-term budget before the Friday deadline and increasingly less likelihood they will agree upon an interim budget. This is the fourth […]