This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Unfortunately, injuries at construction sites are highly likely. You may wonder if you have legal recourse if you have been injured while working at a construction site. Now, let’s look at some of the most common questions about construction site injuries. These damages can include payments for your pain and suffering.
EPA has managed an extensive cleanup at the site, working with Atlantic Richfield to remediate more than 800 residential and commercial properties; remove 10 million cubic yards of tailings, mine waste, and contaminated soil; cap in place 500 million cubic yards of waste over 5,000 acres; and reclaim 12,500 acres of land. Christian et al.
For those concerned about the state of the environmental industrial complex during the coronavirus disease 2019 pandemic, I can report that last Friday I reviewed my 1,000th Phase I Environmental Site Assessment this year. So, I can report the state of the business of the environmental in the U.S. 9601 et seq.,
Between the potential for accidents and injuries on the job site and the risk of lawsuits, it’s important to have insurance to protect yourself from financial losses, but what kind of insurance do you need? This type of coverage will protect your company from various liabilities , including injury claims, and cover medical expenses.
High court rules that a 2018 state law broadening the scope of federal employees who can claim benefits related to work at the Hanford Site nuclear waste cleanup in Washington State violates the U.S. Constitution’s Supremacy Clause. .
Insurance companies cannot recover environmental cleanup costs paid to their insured under the federal Comprehensive Environmental Response, Compensation and Liability Act, commonly known as Superfund, from another Potentially Responsible Party ( unless their insured had first pursued a separate claim to recover the cleanup costs from that PRP).
My mentor and good friend, Cordell Parvin , has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim. Recently, Cordell sent me a list of items that all contractors should review when developing a request for additional compensation.
A safe work environment is one of the most straight forward ways to decrease workers compensation expenses. Companies who have more claims than average will have a higher than average rate, for example, 1.6. To learn more about how to calculate your companies EMR, please visit your State Department of Labor and Industry site.
Supreme Court having before it an interstate water dispute, where Florida seeks an equitable apportionment of the waters of the Chattahoochee and Flint Rivers over the claims of upstream Georgia, the issue of “who owns the rain” is of national importance. Water law in the western U.S.
Supreme Court having before it an interstate water dispute, where Florida seeks an equitable apportionment of the waters of the Chattahoochee and Flint Rivers over the claims of upstream Georgia, the issue of “who owns the rain” is of national importance. Water law in the western U.S.
2008), wherein a government contractor sought compensation for being barred from a military base for 41 days following the 9/11 terrorist attacks. The APTIM decision expressly addresses the Sovereign Acts defense, which ultimately denied the contractor’s claim for additional compensation. Geren , 550 F.3d 3d 1368 (Fed.
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. In 2020, prospective tenants in commercial and industrial properties are now ordering a Phase I Environmental Site Assessment. 9601 et seq.,
The site is designated as the future location for a semiconductor facility. The multi-year project in progress has developers using aerial imaging to capture on-site activity and covering 1,300 acres of land weekly. Over time, this leads to injuries, time off work, and workers’ compensationclaims. Exoskeleton workwear.
2009) , the contractor involved in building a 53-mile road around the island of Babeldaob submitted to the Corps a claim for delays and additional costs incurred because of high humidity, rainy weather and moist soils encountered on the project. The government filed a counter-claim alleging fraud and other violations.
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. All appropriate inquiries has been determined by EPA regulation to be a Phase I Environmental Site Assessment conducted in accordance with ASTM E1527-00. 9601 et seq.,
When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. This decision illustrates the importance of following a process when dealing with a claim. Identify issues and establish a roadmap. If not, why not?
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, commonly referred to as Superfund), 42 U.S.C. All appropriate inquiries has been determined by EPA regulation to be a Phase I Environmental Site Assessment conducted in accordance with ASTM E1527-00. 9601 et seq.,
Here are some tips to protect both the workers on your site and your company: Before any work is done. Planning and communicating before any workers are allowed on your site is critical. Documentation of their Experience Modification Rating, which measures Workers Compensationclaims experience. Review the documentation.
First-party insurance provides compensation directly to the insured individual or business, whereas third-party insurance provides reimbursement to another party when the insured person or business is liable for damages. First-party insurance provides compensation directly to the insured individual or business.
The argument has been that their potential liability is disproportionate to the compensation they receive and the role they play on a construction project. The court distinguished a case in which a geotechnical engineer furnished services to a site preparation subcontractor. They have received a sympathetic hearing in some quarters.
“If something goes wrong, liability could hit the GC’s policy, which dilutes liability insurance limits, negatively impacts their claims history, and forces them to deal with a claim that’s not really their fault.”. Workers compensation insurance. This type of policy only applies if you have employees.
When you deal with construction claims, many believe that the largest component of any request for additional compensation is generally labor costs. A compensable loss in terms of labor productivity happens when the contractor uses more hours to complete a given unit of work than it would have used absent the intervening cause.
Dormitory Authority of State of New York , appellate court enforced a no-damages-for delay clause against a contractor, rejecting a $10m delay claim. The contractor sought delay damages resulting from the alleged poor planning by the project owner and interferences by other contractors on the site. What can you do?
The cost of workers’ compensationclaims, medical bills, and lost productivity can add up quickly. When workers see safety leaders prioritize their workplace safety , they will respond in kind and prioritize your projects and their own safety.
The Site Supervisors have to appear for written test. However, the appointment is co-terminus with the project and will not be granted any right to claim absorption in regular establishment of the company or for appointment in other projects of the company. No relaxation is permissible in health standards.
One of the biggest hurdles facing injured workers are politicians and state legislatures that are constantly tinkering with the workers’ compensation system, in a misguided attempt to make their respective state more “business friendly.” What is a common fallacy about workplace injuries?
As many contractors know, starting a large construction project isn’t as simple as having your crew show up to the job site to begin work. Should the principal default on an aspect of their contract, the surety company will provide financial compensation to the obligee and then refund the damages from the principal.
Your EMR is the number insurance carriers look at when determining what you’ll pay for a Workers’ Compensation premium. The National Council of Compensation Insurance (NCCI) looks at the national average of claims within a given industry and assigns that average the number 1.0. Another company in the same industry has an EMR of.80.
This has become more useful when dealing with claims regarding delays and construction defects. When I am asked to represent a contractor in a dispute, the claim is most likely pursued or defended based upon the information known to the client, whether by witness statement, project records, or photographs/videos.
” The award program is sponsored by the National Council on Compensation Insurance and spotlights organizations for their outstanding approach to workers’ compensation risk mitigation. Site Features. Site Archive. View Mobile Site. Mechanical Systems Sites. Management. Media Center. Newsletters.
to excavate each cubic yard of rock from the site. Of course, that price was substantially lower than its actual cost to remove rock, but the Contractor based its bid on the assumption that the amount of rock actually on site would be considerably less than the unverified estimate indicated in the contract bid documents.
to excavate each cubic yard of rock from the site. Of course, that price was substantially lower than its actual cost to remove rock, but the Contractor based its bid on the assumption that the amount of rock actually on site would be considerably less than the unverified estimate indicated in the contract bid documents.
project task/line item, a full description in plain English, a unit of measure and a corresponding unit price, including labor, material, and equipment details, and an associated approved contractor coefficient are to be the basis for Contractor compensation. 4) Time and cost associated with an employee’s travel to and from job site are not.
However, the steps to claim one differ from the standard construction lien process. After the preconstruction lien has been filed, a copy of the claim should be sent to the property owner by certified mail within 30 days of filing. Once filed, the claim will only be valid for 180 days from the date the claim was filed.
They offer a full range of business insurance policies, including general liability, commercial auto, workers’ compensation, and umbrella. Policies offered include general and professional liability, workers’ compensation, commercial auto, and tools and equipment. And they offer risk specialists to help your business minimize losses.
Should the Contractor sustain any damage through any act or omission of any other contractor having a contract with the Owner or through any act or omission of any Subcontractor of said other contractor, the Contractor shall have no claim against the Owner for said damage.”. In the a regularly cited case, United States Steel Corp.
Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts. Many construction disputes involve aspects that may make them challenging to litigate before US or foreign courts, including: Many individual claims. Numerous individual claims.
Upon graduating from the United States Naval Academy and serving six years as a naval officer, Klein began his career as a salesperson/manager for the resale division of a residential developer in California, where he observed the differences between on-site builder sales and resales and the potential to bring the two together. .
Errors and omissions (E&O) insurance covers contractors against financial loss resulting from mistakes, errors, or claims of negligence. While general liability insurance covers against claims related to injury or property damage, errors and omissions insurance protects from lawsuits related to financial loss.
You should consult an attorney licensed in your jurisdiction before using any of the information contained at this site. After leaving the firm, he sued, claiming that the firm had failed to pay him for overtime work in violation of the Fair Labor Standards Act of 1938 ("FLSA"). Tom Hess was employed by an architectural firm.
California Business and Professions Code Section 7031 (Section 7031) bars any recovery for compensation for work performed by an unlicensed contractor under any theory of recovery “regardless of the merits of the cause of action.” The neighbor settled with Kim and TWA, leaving the cross claims between TWA and Kim. Code § 7031(a).
When contractors seek additional compensation for changes, design impacts, differing site conditions or other delays, they must convince the court or arbitrator of the amount they are entitled to be paid. Record keeping is critical to calculate and support any lost productivity claim. Image: thisisbossi.
It is commonplace for subcontractors to promise to provide for the safety of their employees, and for general contractors to promise the owner that they will maintain site safety as well. Who is liable for injuries to the sub’s employees in such cases? The recent case of Grady v. Jones Lang Lasalle Construction Co. ,
Recently I have worked on a couple of matters for contractors who were expecting unlimited access to their construction site, only to find the owner had given the prime access point to an adjacent contractor. Check out my series on the Top 20 Contract Issues for Contractors and Subcontractors. Re Commercial Contractors Equipment, Inc.
We organize all of the trending information in your field so you don't have to. Join 116,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content