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Personal Injury Rules Clarified in Texas Construction Case
A $43.5 million verdict is overturned by the appeals court. Texas law has clearly defined regulations outlining what recourse is available for a worker injured on a construction site. As an article in the Houston Chronicle explains, the Texas Fourtee
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Early Registration For Construction SuperConference Now Open
Early registration for the Construction SuperConference, the preeminent construction conference developed for mid- to senior-level professionals who work in any of the legal and commercial construction markets is now open. Kevin Gaffney, CSC directo
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Opinion—The battle over the 2015 Clean Water Rule continues
By Don Wallis A protracted legal struggle benefits no one. Jim Parsons’ article in the July issue of ENR outlines the continuing legal struggle between the construction industry and environmentalists over the 2015 Clean Water Rule enacted by the Ob
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Pennsylvania Changes the Remedies for Payment Disputes on Public Works Projects
CASPA was replaced by PPA as the statute for determining remedies in payment disputes The Pennsylvania Supreme Court has revised the standards for determining remedies for contractors and subcontractors in payment disputes on public works projects. T
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Imprecise Contract Language Precludes Additional Insured Coverage
There’s a difference between “for whom” and “with whom.” Contractor know that insurance companies will peruse provisions in insurance contracts for language that will enable them to deny coverage. The New York case, Gilbane Building Co. v.
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The Spearin Doctrine Explained
A short history of the Spearin Doctrine The Spearin Doctrine, or the doctrine of implied warranty of adequacy, is one of most basic tenets of construction law. It was first established in United States v. Spearin (248 U.S. 132) in 1918. Matthew DeVri
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Responsibility for Jobsite Safety Can Be Determined by Contract Provisions
Contract provisions can override the general rule. General contractors are not usually held responsible for the well-being of the employees of subcontractors. There are, however, exceptions, as Kent Holland explains in an article in ConstructionRisk.
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Opinion—Federal Agencies Threaten Our Democracy
The unchecked power of Federal agencies is a far greater threat to our democracy than most people realize By Don Wallis I’ve expressed my concern that, given Congress’ long standing refusal to pass meaningful legislation, presidents have filled t
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Precise Language in an Indemnity Provision is Essential
A California court rules that contract language take precedence over the doctrine of equitable indemnity. The California Court of Appeals for the First District clarified how courts, at least in California, will interpret indemnity provisions in cons