Continued Performance Clause Held Unenforceble

The Real Estate and Construction Blog  summarizes a Califonia appellate court recently held a "continued performace clause" is not enforceable when the owner commits a material breach. >> Continue Reading Posted In Construction Claims , Construction Contracts , Construction Law
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Is there a difference between honesty and truthfulness?

For lawyers, maybe so, says Professor Peter Henning in an article for the Notre Dame Journal of Law and Ethics.

>> Continue Reading Posted In Construction Law
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"Binding mediation" is an oxymoron

Katrina victims win round when federal court holds the insurance policy ambiguous

Updated: A Mississippi federal district court has held State Farm's insurance policy form ambiguous and that State Farm must pay for wind and water damage even if tidal surge caused later caused further destruction, reports the SunHerald.

>> Continue Reading Posted In Construction Law , Hurricane Katrina
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The Supreme Court decides to revisit the issue of constitutional limits on punitive damages (UPDATED)

The Court will decide whether its earlier decision in State Farm v Campbell (i) mandates a reasonable ratio between compensatory and punitive damages when the defendants conduct was outrageous and (ii) prohibits the jury from considering the harm done to persons other than the plaintiff in making its award.

>> Continue Reading Posted In Construction Claims , Construction Law
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Taking the hand-shake contract to the ultimate level

"We shook hands on it" connotes to folks in the construction business a legally binding deals been made. Would writing the contract with one's own blood connote more?

>> Continue Reading Posted In Construction Contracts , Construction Law
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How not to write an arbitration agreement

The Federal Prompt Pay Act sets time limits for payment of government construction contractors

The provisions of the Act are summarized and linked to over at Construction Lawyer-Utah.

Posted In Construction Claims , Construction Contracts , Construction Law , Government Contracts
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The effect of giving an insurer late notice on a otherwise covered construction claim

The use of Engineering, Procurement, Construction Contracts for offshore wind farms

An Engineering, Procurement and Construction contract (EPC) requires the contractor to bear the construction risks and to deliver a "turn-key" project.

>> Continue Reading Posted In Construction Contracts , Construction Law
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When is owner non-compliance with payment terms a material breach of contract?

A material breach by the owner ordinarily relieves the contractor of his duty to perform. Non-payment by the government as a material breach of contract is the subject of a Government Contracts Litigation post.

Posted In Construction Contracts , Construction Law , Government Contracts
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Builder Association applauds Supreme Court's Clean Water Act Decision

The National Home Builders Association believes a recent decision by the Supreme Court confirms the E.P.A. is exceeding its authority in requiring builders to secure water discharge permits

Posted In Construction Contracts , Construction Industry News , Construction Law
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Levee study says people died because of faulty design and construction

The breaches in the New Orleans levees during Katrina were caused by negligent design, construction and maintenance and parts of the system will still be flawed after current repairs are completed according to a just completed study reports the New York Times.

Posted In Construction Defects & Defective Construction , Construction Law , Government Contracts , Hurricane Katrina
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More on Katrina construction flaws

Dan Hawbacker over at the Construction Law Blog points to a number of reports dealing with the collapse of the levees and other Katrina related construction defects and failures.

Posted In Construction Law , Government Contracts , Hurricane Katrina
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The Election-Doctrine under the Contracts Disputes Act

Under the federal Contract Disputes Act, a construction contractor seeking to overturn a contracting officer's final decision must either file a notice of appeal to a board of contract appeals within 90 days of the decision or file a complaint in the U.S. Court of Federal Claims within a year after the decision.

>> Continue Reading Posted In Construction Claims , Construction Law , Government Contracts
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Punitive damages in construction litigation

Punitive damages sometimes are awarded in construction claim cases and often awarded in insurance bad faith cases so I note with interest that yesterday the Oregon Court of Appeals overturned a $100 million punitive damages award in a tobacco case.

>> Continue Reading Posted In Construction Claims , Construction Law
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Other states unlikely to sue lead paint manufacturers

Point of Law Forum points to an article indicating other states are unlikely to follow Rhode Island's lead.

Posted In Construction Claims , Construction Defects & Defective Construction , Construction Industry News , Construction Law
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Jury should not be allowed to interpret warranty against faulty materials and workmanship

$22 million earned by one engineering expert

Next time a client complains about a construction expert's fees and expenses, I'm going to send him or her a copy of "Expert Witness Industry Booming" from the Star-Telegram.

>> Continue Reading Posted In Construction Claims , Construction Law
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Logical arguments for winning construction claims

The presentation of construction claims sometimes suffers because not enough attention is given to whether the claim holds together logically.

>> Continue Reading Posted In Construction Claims , Construction Law
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The Washington Post Starts a Legal Blog

Do current building codes permit building a house of cards?

That's what the Chair of the Ad Hoc Committee on Terrorism-Resistant Buildings (TRB) of the International Code Council suggested at a recent Washington meeting reports ENR.com

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Industry News , Construction Law
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Is a surety's performance bond liability conditioned on the contractor declaring a default?

The Washington Court of Appeals said "no" a decision that create considerable angst among surey defense lawyers and their clients.

>> Continue Reading Posted In Construction Law
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Mississippi homeowners accuse State Farm of one-size-fits-all investigation of Katrina damage

Mississippi Gulf Coast homeowners have accused State Farm Insurance in a new lawsuit of pressuring adjusters and engineers to rely on an engineering report alleging Katrina's storm surge arrived before its windd did any damage reports MSNBC.

Posted In Construction Law , Hurricane Katrina , Insurance
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Blawg Review 56

Violation of gag order results in contemp finding in lead paint case

Construction Litigation Evidence: the Waybackmachine

I am presently prosecuting a civil RICO/ business tort case in which one of the key issues was the contents of the defendant's web site in 2004.

>> Continue Reading Posted In Construction Law
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Boston firm truly goes beyond hourly billing

Hourly billing is not in most client's best interest. For that reason, I routinely offer owners and contractors alternative fee arrangements that take into account their needs as well as my own.

>> Continue Reading Posted In Construction Law
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Law Blogs are influencing legal scholarship and court decisions

Construction contract damages

Mexican-American construction workers celebrate Cinco de Mayo

Today Mexican-American construction workers, many of whom are helping re-build the Mississippi Gulf Coast and New Orleans, celebrate the Mexican army's victory over french invaders at the Battle of Puebla in 1862.

>> Continue Reading Posted In Construction Law , Hurricane Katrina
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Drying out a wet wall cavity to remediate mold

City may ban Wal-Marts

That's the practical effect of a California appellate decision upholding a zoning ordinance barring "big box " retail stores. Read the summary over at the Real Estate and Construction Law Blog.

Posted In Construction Law
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Another report faults the Corps of Engineers

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A panel of engineers has concluded "[t]he corps did not follow its own procedures in monitoring the rate of subsiding and rising of water levels around the city...and based the design of the levee system on outdated information...." reports the New York Times(free subscription).

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law , Government Contracts , Hurricane Katrina
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Should a court enforce a contract that disclaims or limits liability for fraud?

The limits of peer review

The limits of peer review of articles and research relied upon by experts is discussed in today's New York Times (free subscription required).

Posted In Construction Law
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Insurers bail out on coastal communities

On the eve of hurricane season home insurers are cancelling policies or refusing to write new ones in many coastal communities reports the Clarion Ledger.

>> Continue Reading Posted In Construction Law , Hurricane Katrina , Insurance
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Petroski's Maxims of Engineering Failure

Today's New York Times (free subscription required)profiles Henry Petroski, a Duke Professor whose research focuses on the lessons to be learned from design and construction failures.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law
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Blawg Review # 55

Modeling how New Orleans sank

McGraw Hill Construction reports on the Katrina levee failure analysis and rebuilding effort being led by the Corps of Engineers.

Posted In Construction Defects & Defective Construction , Construction Law , Government Contracts , Hurricane Katrina
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Blawg Review No. 54

Check it out over at bk!.

Posted In Construction Law
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How best to organize a family owned construction business

Sarah Spear's written an outline on the importance of chossing the right business vehicle for a family owned or closely held business.

>> Continue Reading Posted In Construction Law
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Physician's mold causation testimony barred

Blog 702 reports on a recent federal appellate case affirming exclusion of a physician's opinion that toxic mold caused plaintiifs' respiratory illness.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law
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Stigma damages allowed for defective construction

The Washington Supreme Court joins the Mississippi Supreme Court in holding that damages for the diminished value of property as well as cost of repair damages may be recovered for construction defects.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law
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Is summary judgment unconstitutional?

Professor Suja Thomas argues it is in a provocative article scheduled for publication in the Virgina Law Review. Link

>> Continue Reading Posted In Construction Law
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Do new mold and construction defect exclusions comply with renewal rule?

Blawg Review # 51

It includes some fabulous ancient visual art over at Declarations and Exclusions.

Posted In Construction Law
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The Boston Scaffolding Collapse

Applying Daubert to engineers testimony about defective design

Peter Nordberg over at Blog 702 posts on whether the Daubert standards for scientific expert testimony should be applied to engineering testimony on defective product design.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law
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He scores...

"In case you haven't been inspired today" see the short video clip linked to over at Ben Cowgill on Legal Ethics.

Posted In Construction Law
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Neutering state law through federal regulation:

"The official White House view has been that the federal government knows better than the states," reports the New York Times(free subscription required).

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law
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LSU study urges uniform building code adoption in Mississippi

A uniform building code requiring structures be built to withstand Category 3 storms would save thousands of buildings and billions of dollars in economic losses, cutting total damage by 68 percent the next time such a hit the Mississippi coast, according to a LSU Hurricane Center study.

>> Continue Reading Posted In Construction Law , Hurricane Katrina
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No jury trials in New Orleans construction cases this year?

Your cell phone records are for sale!

Blawg Review No. 39

Recovering a settlement from the defendant's insurer

An insurer refuses to defend or otherwise denies coverage to a defendant. The defendant believes it has no liability, but the plaintiff seeks bet-the-house or bet-the-company damages. If the insured settles may the defendant or its assignees recover indemnity from the insurer even though it denied liability?

>> Continue Reading Posted In Construction Law , Insurance
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Recent wetlands permit decisions

Arbitration ordered though no arbitration agreement produced

The U.S. Court of Appeals for the Fifth Circuit held last month that the existence of a written agreement to arbitrate may be proven by testimony if the agreement itself cannot be found. Link

>> Continue Reading Posted In Construction Law
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Excess insurer's responsibility for defense costs

Marc Mayerson does an excellent job covering the issues and recent court decisions governing defense costs under excess insurance policy forms over at the Insurance Scrawl .

Posted In Construction Law , Insurance
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Hospital building boom

We are "in the middle of the biggest hospital-construction boom in a half-century, a development expected to increase the use of high-tech medicine and add fuel to rising health care costs" reports USA Today.

>> Continue Reading Posted In Construction Law
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Blawg review #38: 10 New Years Resolutions for Legal Bloggers

No duty owed to neighbor in de-watering operations?

Abbott Laboratories removed 122 acre feet of groundwater rather than the 2.07 acre feet authorized by its de-watering permit during construction of a plant basement. The de-watering lowered the groundwater-table and killed the Bray family's pecan tree orchards next door. A clear case of negligence or nuisance?

>> Continue Reading Posted In Construction Law
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Defective construction responsible for almost 600 deaths in New Orleans

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"Nearly 600 people who died because of Hurricane Katrina might have survived had floodwalls on two New Orleans canals not collapsed, a Knight Ridder analysis of where bodies were found after the storm indicates," reports the Nation.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law , Hurricane Katrina
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Owner allowed to pierce contractor's corporate immunity

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The ConstructionAttorneyBlog points to a recent Illinois appellate court decision permitting a homeowner to recover $1.2 million for construction defects from the spouse of the corporate-builder's owner. The Homeowner contracted with the corporate-builder not the spouse and the spouse owned no shares in the corporate-builder.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law
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Katrina lawsuits in Louisiana

On Christmas day, The Times Picayune in New Orleans reported on lawsuits being filed against the U.S. Army Corps of Engineers and others for damages caused by Hurricane Katrina.

>> Continue Reading Posted In Construction Law , Government Contracts , Hurricane Katrina , Insurance
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Insurance coverage dodge revealed

May It Please the Court tells an eye opening story about a case in which "an insurance company issued a policy to a company in India, doing business in India, to cover work done in India for an American company" but "the policy excluded coverage for work done in India."

Posted In Construction Contracts , Construction Law , Insurance
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Update on Japanese earthquake engineering fraud

I initially reported on this scandal here; the Construction Law Blog tells us about recent developments.

Posted In Construction Defects & Defective Construction , Construction Law
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Study of GC/CM approach yields mixed consclusions

Washington Construction law posts a copy of a atste study of the effectiveness of using the General Contractor/Construction Manager (GC/CM) delivery system on state and local projects.

>> Continue Reading Posted In Construction Contracts , Construction Law
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Relief for many Gulf Coast Homeowners?

$5 billion in federal relief for Mississippi homeowners who did not purchase flood insurance is on the way if the defense appropriations bill passes Congress, reports MSNBC.com.


living outsode areas designated as high risk for federal flood insurance will receive assistance if

>> Continue Reading Posted In Construction Law , Hurricane Katrina
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Rebuilding the Gulf Coast from the ground up

Check out this practical "how to" article in The SunHerald on how to deal with the proposed new FEMA flood zone elevation requirements. The article also discusses the Mississippi Gulf Coast home construction market.

>> Continue Reading Posted In Construction Contracts , Construction Law , Hurricane Katrina
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More on the New Orleans levee failure

The Construction Law Blog points to an article suggesting the sheet piling for the levees complied with the plans.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law , Hurricane Katrina
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Construction change order classic

The New Jersey Law Blog summarizes a recent decision underlying the importance of documenting extra costs and submitting a request for change order for extra work caused by plan revisions.

Posted In Construction Law
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Using the Act of God defense to escape liability for Katrina related environmental statute violations

Contractor settles False Claims Act claim for $3 million

Houston based Williams Brothers Construction Company agreed to pay the federal government $3 million to settle False Claims Act and administrative claims for knowingly violating Disadvantaged Business Enterprise contracting requirements on federally funded highway projects.

>> Continue Reading Posted In Construction Law
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Gulf Coast rebels against proposed new building codes

There is intense resistance on the Mississippi Gulf Coast to voluntarily adoption of FEMA's proposed new flood zones and elevation requirements for houses within the zones, according to the New York Times (free subscription required).

>> Continue Reading Posted In Construction Law , Hurricane Katrina
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Katrina legal services crisis

Probono law discusses the enormous legal services crises triggered by landlord eviction notices and foreclosures on the Mississippi Gulf Coast.

Posted In Construction Law , Hurricane Katrina
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Fellow travelers--construction law blogs

The Online Guide to Mediation lists construction law blogs including yours truly.

Posted In Construction Law
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Three legal Wickis and counting

The Illinois Trial Practice Weblog points to Wickilaw and Wex both of which aim at the whole of the legal universe and to the Katrina focused Lousiana Law blog Ernie the Attorney is promoting.

>> Continue Reading Posted In Construction Law , Hurricane Katrina
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Blawg Review 35 is hot!

"Abandon all hope, ye who enter the thirty-fifth Blawg Review!" over at Infamy or Praise.

Posted In Construction Law
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City hit with $10.5 million verdict for arbitrary denial of building permit

Construction manager famine in Northeast

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Construction managers are wanted badly by owners and developers in the New York City area, reports today's New York Times (free subscription required). Compensation can top out at $500,000.

>> Continue Reading Posted In Construction Law
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When can you throw away those old project records?

InhouseBlog points to a "how to" article that will keep you out of legaL hot water.

Posted In Construction Law
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So Sue Me

Harry Potter and Contract Law

A chuckle about project design and management.

Katrina Hurricane roundup on rebuilding New Orleans

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The stories are compiled over at the Construction Law Blog.

Posted In Construction Law , Hurricane Katrina
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Vulgar, tasteless or just ineffective?

You be the judge of this safe sex advertising gimmick pictured at the Construction Law Blog.

Posted In Construction Law
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The Corps of Engineers blew it concludes Louisiana investigators

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The design of the levees that failed in New Orleans due to Hurricane Katrina flooding "was a disaster waiting to happen" according to a draft report by Team Louisiana reports several prominent news publications. Link Link Link Link
>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law , Hurricane Katrina
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Blawg Review 34

It's up over at PHOSITA and it's theme is the publisher's inability to come up with a theme--the "non-theme."

Posted In Construction Law
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Toxic mold claims: make sure you sue the right defendant

SCOTUSblog summarizes the United States Supreme Court's decision yesterday in Lincoln Property v. Roche, a case brought by a couple alleging claims for exposure to toxic mold contamination of their apartment.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law
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Tourism takes a back seat to construction on Mississippi Gulf Coast

"Hurricane Katrina has changed the Coast's economy from a tourism to construction, but the real rebuilding hasn't even begun," reports the Sun Herald

>> Continue Reading Posted In Construction Law , Hurricane Katrina
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New urban pattern book for rebuilding Mississippi Gulf Coast houses

Reassembling houses swept away by Katrina using traditional designs for shotgun and creole houses is promoted in a "Pattern Book for Gulf Coast Neigborhoods" being issued by the Mississippi Commission on Recovery, Rebuilding and Renewal, reports the New York Times (free subscription required).

>> Continue Reading Posted In Construction Law , Hurricane Katrina
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Japanese transfixed by construction defect scandal

To boost his commissions a Japanese architect cheated on compliance with earthquake codes reports the New York Times. So far seven hotels have been forced to close.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law
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Family feud settled by Mississippi construction law decision

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A daughter-father feud over a wedding gift triggered a lawsuit and enforcement of an oral construction contract in Simons v Jaggers, a recent Mississippi Supreme Court decision.

>> Continue Reading Posted In Construction Contracts , Construction Law
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Free On-line legal encyclopedia and dictionary

The InhouseBlog points to Wex--a collaboratively-created, public-access legal dictionary and encyclopedia--sponsored by the Legal Information Institute at CornellLaw School.

>> Continue Reading Posted In Construction Law , Government Contracts
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Thanksgiving reminder from Tom Peters

Katrina: building homes that don't blow away

Over at the RiskProf Blog they discuss how builders are selling homes built like fortresses to withstand high winds.

Posted In Construction Law , Hurricane Katrina , Insurance
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Construction scandal update

The Construction Law Blog gives us the latest news.

Posted In Construction Law
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Blawg Review 32

Blawg Review 32 is up over at JAG Central; it's dedicated to those who serve or have served in uniform.

Posted In Construction Law
Permalink

EPA issues final rule for Phase I Environmental Site Assessments

The Inhouse Blog points to a Foley & Ladner LLP article on the new rule.

Posted In Construction Law
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Florida School Predator Act creates havoc for school contractors

Florida's Jessica Lunsford Act requires screening of contractor' workers including a full background check and criminal history. Who will pay the cost of compliance, which includes fingerprinting every worker and hours of line waiting by workers is 'wreaking financial havoc for contractors across Florida," reports the Tampa Bay Business Journal.

Posted In Construction Law
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Blawg Review 31

Mold, Sick Building and Construction Defect Alert

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Here are reports from California, Illinois, Texas, Pennsylvania, South Carolina, Connecticut, Florida and Arkansas. Mold woes from summer humidity continue to torture school districts.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law
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Project designer may not unreasonably rely on information supplied by others

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The Construction Risk.com Report points to a Wisconsin appellate court decision holding a contract clause permitting an architect to rely on reports from other firms does not relieve the architect of its duty to inform the owner of inadequacies in the report and the need for additional investigation.

>> Continue Reading Posted In Construction Contracts , Construction Defects & Defective Construction , Construction Law
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Fire Code and Building Code Overlap

For a cogent explanation of issues related to the potential overlap between fire and building codes, read this post over at the Code Connection.

Posted In Construction Contracts , Construction Law
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Blawg Review No. 20

Why I chose Lexblog

Arbitration not causing decline in jury trials.

The National Arbitration Forum Blog posts on the myth that arbitration is causing the decline in jury trials; the high cost of trying a case is behind the vanishing jury trial.

>> Continue Reading Posted In Construction Law
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Copyright claims boom with housing boom.

The Construction Attorney Blog points to an article on how the housing boom is also creating a boom in copyright infringement cases.

Posted In Construction Law , Intellectual Property
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Mold, Sick Building and Construction Defects Alert

remove2.jpg For many schools, the price of a hot summer has been bills for mold inspection and remediation. Here are reports on mold and other problems from Lousiana, Michigan, Pennsylvania, Virginia, Hawaii, North Carolina, Illionois, South Carolina, California, Washington and Florida.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law
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Evidence from old web sites

There are useful links to material on retrieving and using archived information from companies' web sites as evidence over at Be Specific.

Posted In Construction Law
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When lawyers behave badly in discovery

Declarations and Exclusions gives a real life example of how lawyers' manufacture of discovery disputes can make discovery needlessly more expensive for their own clients as well as the other parties.

>> Continue Reading Posted In Construction Law
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Florida court holds contractor must prove work suspended to recover home office overhead damages for delay

Blawg Review No. 19.

Boilerplate in construction contracts

On deleting evidence

Freedom Tower copyright suit continues

The Construction Attorney Blog posts on the copyright suit pending over the similarities in the design an architectural firm submitted for Freedom Tower at the World Trade Center site and a student architectural project.

>> Continue Reading Posted In Construction Law , Intellectual Property
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ASPE certfication for estimators

How to avoid water intrusion and mold in new construction

Here's a list of dos and do nots from GutterHQ on how to avoid water intrusion and mold in constructing homes and small commercial buildings.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law
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Waiver of subrogation clauses

Mold and construction defect insurer goes public

James River Insurance Company which opened its doors only two years ago received a vote of confidence from Wall Street as its share price climbed 11% on its first day as a public company reports The News & Observer.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law , Insurance
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Blawg Review No. 18--Play Ball

...is now posted; "play ball" over at The Common Scold, Monica Bay's place

Posted In Construction Law
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Mold, Sick Building and Construction Defect Alert

Here's an update on mold, sick building and construction defect cases and news from around the country.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law
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AIA arbitration clause negated by termination of contract

The mandatory arbitration clause in the American Institutes of Architects' General Conditions of the Contract of Construction does not survive termination of the contract, a Florida appellate court recently ruled in Aberdeen Golf & Country Club v. Bliss Construction, Inc.

>> Continue Reading Posted In Construction Contracts , Construction Law
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Mississippi construction law and claims news: the Tupelo Fairpark project dispute

"This story is about dirt," said Thomas W. Prewitt, the Dean of the Mississippi construction law bar, "It's a story about dirt wetted by the blood of friendship broken and packed by orders of hurry and get it done and I'll pay you later."

>> Continue Reading Posted In Construction Law , Surety Bonds
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Reactions to Kelo

The Construction Law Blog reports on the public backlash triggered by the Supreme Court's decision in Kelo v. City of New London on eminent domain.

>> Continue Reading Posted In Construction Law
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Removing asbestos on the cheap.

The Washington Post reports the Environmental Protection Agency (EPA) will begin testing a new less expensive and some say less safe "wet down" method for asbestos removal as a prelude to rewriting federal rules for removing the cancer-causing material.

>> Continue Reading Posted In Construction Law
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Punitive Damages update

The Tennessee Business Litigation Law blog points to an article by a defense attorney about how the lower courts are applying the Supreme Court's decision in State Farm v. Campbell on the constitutional limits of punitive damages awards.

Posted In Construction Law , Insurance , Surety Bonds
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A Man for All Seasons

Cardinal Wolsey: That... thing out there; at least she's fertile.
Sir Thomas More: She's not his wife.
Cardinal Wolsey: No, Catherine's his wife and she's barren as a brick; are you going to pray for a miracle?
Sir Thomas More: There are precedents.

>> Continue Reading Posted In Construction Law
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Happy California Cows In Trouble With Regulators

Get the scoop on the poop over at May It Please the Court. Nothing to do with construction law, building defects, toxic mold or winning your case--but it may make you smile.

Posted In Construction Law
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Mississippi construction law and claims news: the PEER report

Design professionals and their errors and omissions insurers will be warned they really will be required to cover the cost of change orders resulting from design omissions if Mississippi's Bureau of Building accepts the recommendations made in a recent report by the Mississippi Legislature's PEER Committee.

>> Continue Reading Posted In Construction Contracts , Construction Law
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Blawg Review Posted

Kansas passes tough new law on contractor payment rights

Some call the new Kansas Fairness in Private Construction Contract Act some the most sweeping law of its type in the country.

>> Continue Reading Posted In Construction Law
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Mold, Sick Building and Construction Defect Alert

Our latest alert features reports of general interest and from Colorado, New Jersey, Texas, New York, Virginia, California, Ohio, Nevada and Arizona. I think this alert is the first with no news from Florida--perhaps its just been too darn hot there.

>> Continue Reading Posted In Construction Law
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And you thought Wal Mart ambitous.

"Home Depot will provide components to the infrastructure around your home. There will be materials provided from Home Depot in the road around your home. The water you drink will be transported through valves and pipes that Home Depot will supply. The hotel room that you stay in will be supported by Home Depot from construction to décor," says its CEO in a USA Today profile.

Posted In Construction Law
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Trees = Green (as in dollars)

Cities in 10 counties in the Atlanta area had to spend $2 billion on storm-water facilities to handle runoff caused by the loss of trees reports USA Today in a front page article.

Posted In Construction Law
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More on Judge Robert's Construction Law Decisions

My earlier post on Judge Robert's opinions in construction law related cases overlooked his dissent from the denial of rehearing en banc in the "hapless toad" case, Rancho Viejo, LLC v. Norton.

>> Continue Reading Posted In Construction Law
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Construction Industry Stats

For a compilation of financial and employment statistics about the construction industry within the United States click here.

Posted In Construction Law
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Mold, Sick Building and Construction Defect Alert

Our latest alert features reports of general interest and from New York, Florida, California, Pennsylvania, Washington, Tennessee and Maryland.

>> Continue Reading Posted In Construction Defects & Defective Construction , Construction Law
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Judge John Roberts on Construction Law Issues

A Lexis search turned up three opinions directly related to construction law issues and claims authored by President Bush's nominee for the Supreme Court, Judge John Roberts of the D.C. Circuit.

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Staying Up to Date on the John Robert's Nomination

To follow developments, reports and commentary on the John Robert's nomination visit regularly The Supreme Court Nomination Blog and ABC News:The Note.

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"Predatory Buying" raises prices for construction materials

The Ninth Circuit's affirmation of a $78,769,218 antitrust verdict against Weyerhaeuser Company for buying more alder logs than it needed to prevent competitors from obtaining logs at reasonable prices is summarized over at the Antitrust Law Blog.

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Who Should Bush Pick for The Supreme Court?

Price Fixing for Concrete and Roofing Materials

The Department of Justice's efforts to crack down on price fixing and bid rigging in construction products is generating indictments and guilty pleas reports the Antitrust Law Blog.

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Teaching to The Test

If You Want this Hotel, You Will Love The Bridge I have For Sale

Is the Big Dig Contractor "Using Gold Paper?"

That's what one citizen suggested when told the contractor submitted a $500,000 bill for copying documents for investigators.

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Punitive Damage Limits at Risk Because of O'Conner Retirement?

Point of Law.com points out limits on punitive damages awards adopted by the current Supreme Court may be undermined if a strict originalist like Justice Scalia or Thomas is appointed to replace moderate Justice O'Conner.

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I Want One Too!

For the contractor looking for a new toy click on this Construction Law Blog post.

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EPA Cracks Down on Storm Water Permits

The EPA is making enforcement of its storm water permits a top priority reports the National Association of Home Builders's Nations Building News.

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Antitrust Division Investigates Realtor Practices.

"Deep Design" for Homes and Office Buildings

Supreme Court Green Lights Takings for Private Development

Yesterday's Supreme Court decision affirming a city's taking of property to clear the way for a new private development triggered a blizzard of blogger commentary.

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World Trade Center Inspired Building Code Recommendations

Over at the Code Connection Journal there's a post on the building code changes being recommended as a result of the World Trade Center collapse by the National Institute of Standards and Technology.

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Storm Water Permit Survives Environmental Challenge

In a decision praised by builders, the Seventh Circuit has rejected an environmental challenge to the EPA's Construction General Permit for storm water discharge.

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Green Construction With a Touch of Vedic

An American builder has announced plans to construct in Maryland the world's largest building based on the ancient Vedic principles of India reports the Hindustan Times.

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University Hosts "Leaky Building" Conference

"The Symposium will cover the scientific causes of leaky buildings, practical ways of fixing them, legal issues surrounding the situation and converge on the vision of industry leaders in ensuring quality homes," reports the Scoop.

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Using the Web to Manage Construction Project Documents

In an earlier post we pointed out the increasing popularity of exchanging construction documents electronically and the new world of electronic discovery issues this created for attorneys handling construction claims. This Atlanta Business Chronicle article profiles a company leading the charge to keep project records on the web rather than in traditional file cabinets.

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Colorado Governor Vetoes Bill Limiting Scope of Indemnity Provisions in Construction Contracts

Colorado's Governor has vetoed a bill that would have prohibited one person from requiring another person or another persons insurer or surety from indemnifying that person from its own negligence for personal injury or property damage.

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Mold & Sick Building Alert No. 2

Mold continues to trigger controversy, lawsuits and headlines--and government action--according to news reports from Florida, Atlanta, Michigan, Pennsylvania and Nevada.

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Is Green the New Hot Color?

A Philadelphia Bank recently announced plans to build 90 new bank branches with "green building" construction methods and materials, according to this post in the Construction Blawg.

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When You Have Nothing Else to Lose!

A bankrupt subcontractor has sued the University of North Carolina for deceptive trade practices, fraud and breach of contract, according to this article in the Daily Tar Heel. But the real beef appears to be not getting paid for extra work.

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Mold & Sick Building Alert No. 1

Here are some recent reports from New Orleans, New Jersey, California and Florida on toxic mold and sick buildings and related construction defects:

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All(or at least a lot) of Construction News Fit to Read

I recommend to construction news junkies the recent posts to the Construction Law Blog published by Don Hawbacker. Don surveys the popular press for interesting construction news such as these articles on troubled projects, construction fraud, construction and politics, construction accidents and injuries and construction claims. He also regularly posts what "the bizjournals are reporting" on construction and other topics of moment.

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Owners Look in the Mirror-the Fifth Annual FMI/CMAA Survey of Owners

Dennis Doran, Senior Consultant at FMI Corporation presented the results of the Fifth Annual FMI/CMAA Survey of Owners at the recent Denver leadership meeting of the Construction Owners Association of America. The response theme of the owners polled was: "ineffective communication and collaboration among stakeholders is a primary reason that projects: run over budget, finish behind schedule and are considered unsuccessful,"according to Doran.

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National Construction Owners Association Meets in Denver

Earlier this month I attended the Construction Owners Association of America (COAA) leadership conference in Denver. The presentations were outstanding, and I am going to share some of the materials with you in coming entries.

Most of COAA's members are involved in "continuous building programs" not one-time projects. Owners and developers involved in continuous building are responsible for constructing most of the major construction projects within the United States.

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