There are Limits to the Economic Loss Doctrine

Liability does not extend to vendors supplying product information. A recent post on the Babst/Calland Construction Law Blog discusses an unreported decision by the U.S. District Court for the Eastern District of Pennsylvania in which the Court ruled that the economic loss doctrine does not apply to manufacturers and suppliers providing product information to design […]

Ideagility Has a Simple Message for CSC Attendees – Be Found

In the 21st century, it’s not enough to be great at your business if customers can’t find you. For many of those customers, the search begins online. Janet Quinn, CEO and owner of Ideagility (Portland, Ore.) understands this simple fact. “Ideagility was founded in 2010 with the sole purpose of serving small business owners who […]

Opinion—Estimating and Project Management Remain the Key to Success

By Don Wallis. Field operations cannot succeed without competent office support. According to Elizabeth Sanborn, chief operating officer at Independent Project Analysis, Inc., “about two-thirds of [construction] projects over $1 billion fail compared to smaller projects’ 40% failure rate.’’ These astonishing statistics are included in an article in Engineering News-Record co-authored by Debra K. Rubin, […]

Common-Enterprise Defense Precludes Second Recovery for Injury

A Minnesota decision explains the requirements for a successful common-enterprise defense. The workers’ compensation statute protects contractors by providing that an employee, or his family, who has received workers’ compensation under the provisions of one contractor’s policy cannot also obtain compensation from a second contractor if the activity that caused the injury is an activity […]

The Lack of Green Building Litigation

The reason why formal litigation in green construction is relatively rare. Green, or more precisely, sustainable construction, has for a number of years accounted for an increasing amount of the construction market both in terms of project starts and money invested. One would think this increase would have resulted in a comparable increase in lawsuits […]

Ninth Circuit Requires Federal Government to Contribute to Superfund Payment

Ninth Circuit holds that the District Court exceeded its discretionary powers. The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) authorized the creation of a Superfund to remove polluted material from toxic waste sites. These projects are extremely expensive. Often they are undertaken years, sometimes decades, after the parties responsible for the pollution used the […]

The Perils of Product Documentation in the Digital World

Think before emailing. By now everyone in the developed world should realize that email is not private. It can be accessed with increasing ease by the tech savvy and broadcast on the internet. More to the point, company email is not privileged information and is discoverable evidence during litigation. Email has become an indispensable part […]

Construction SuperConference Offers Educational Lineup with Opportunity to Earn MCLE Credits

Kevin Gaffney, conference director, “The CSC Board has put together an outstanding lineup of education sessions and provides attendees with one of the last opportunities of the year to earn MCLE credits.  Registering before Nov. 18th will also save you at least $100.”  Regarded as the preeminent construction conference for mid-to senior-level professionals who work […]

Opinion—The quiet revolution taking place under the Trump administration

By Don Wallis   Environmental regulation is changing dramatically. The cover story for the Nov. 6, 2017, issue of TIME magazine is entitled—The Wrecking Crew. How Trump’s cabinet is dismantling government as we know it. Massimo Calabresi in his lead article, Demolition Crew, explains that, unnoticed in all the uproar over President Trump’s tweeting and […]

Federal Government has a Duty to Provide Accurate Cost Data

Contractors can rely upon quantity estimates provided by the government. The federal government often supplies contractors with estimates on the quantity of work that will be performed by the successful bidder. Contractors base their cost estimates and bids on this information. Even if these estimates are not exact, they must be reasonable and provided in […]

Piercing the Corporate Veil Now Easier In New York

Protection for shareholders has been significantly reduced One of the most long-standing and sacrosanct reasons for incorporating is to protect shareholders from liability in lawsuits against the corporate entity. Owners of corporations, large and small, rely upon this protection as a legal given. Courts throughout the country have traditionally only allowed the “piercing of the […]

OSHA Has Established Requirements for Monitoring Respirable Crystalline Silica

The reporting requirements are complex. An excellent article in California Construction Law Blog by Garret Murai outlines the compliance requirements established under OSHA’s Respirable Crystalline Silica in Construction Standard that went into effect on October 23, 2017. The rules are designed to protect workers who work with “materials like sand, stone, concrete, and mortar [that] […]

Withdrawal Liability Exemptions for Contractors

Under very specific conditions, contractors are exempt from withdrawal liability. ERISA (the Employee Retirement Income Security Act of 1974) stipulates that employers who withdraw from a multi-employer pension plan remain liable for any shortfall in the funding of the plan. According to an article by Jeffrey Herman in Nuts &Bolts Construction Law Blog, this means […]

Does Foreign Ownership of U.S. Contractors Affect the Way they Do Business?

The 2017 Construction SuperConference (CSC) will feature an outstanding plenary panel session on Tuesday, Dec. 5, featuring a brilliant lineup of panelists. Led by Steven Charney, Chairman of Peckar & Abramson, P.C. the panel will be rounded out by Georg vonBronk, General Counsel, Hochteif AG and Ricardo Cuesta, General Counsel, Dragados. Kevin Gaffney, CSC conference director, […]