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Inside the Baltimore Bridge Collapse & Potential LegalLiabilities ccapoccia Tue, 04/16/2024 - 11:55 In the early hours of March 26, 2024, a cargo ship struck the Francis Scott Key Bridge in Baltimore, Maryland. The bridge’s collapse was immediate; within seconds, the span crumpled and fell into the water below.
Owners, contractors and designers must understand their potential liability for design issues on a project before the project starts. As construction and design firms are using BIM software and other resources to improve construction efficiency, that integration is only going to increase.
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).
Depending on the type of contracting business you run, you could face laws regarding taxation, employment, product liability, premises liability, discrimination, health and safety, and various other regulations. That's why you need legal help.
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Insurance, liability, and workers’ compensation . 9) Legality and Taxes. Limited liability company (LLC) . You can also hire a lawyer to help you out with other legal requirements such as service agreements. Start with General Liability Insurance and the Workers’ Compensation Insurance. . Labor costs.
When it comes to the liabilities covered in the policy, it usually depends on the insurance provider or brokerage. But snow removal insurance is different from commercial general liability insurance. Usually, more business means more liability risks. Legal Expense Insurance. Years Of Service. Worker’s Compensation.
Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law. 9601) and petroleum products.” Importantly, the ASTM E1527 is recognized by the U.S. Any exceptions to, or deletions from, this practice are described in Section [?] of this report.
I will also be participating in an upcoming green building legal webinar with the ABA Fidelity and Surety Law Committee. Entitled Keys to Managing Green Construction Risks, Liability and Litigation , this program will focus on the key concerns and solutions to the ever changing green construction culture.
After offices and other places of business reopen following COVID-19 shutdowns , tenants and owners face increased legalliability, and property insurance plans may not cover this risk.
Every business, small or large, that embarks on a construction project needs builder's risk insurance because it typically covers things that property and liability policies don't, legal experts say.
A construction business needs need public liability insurance , and employers’ liability insurance if you employ staff. Although public liability insurance is not a legal requirement, it should be regarded as essential. Legal Documents. There are many different types of insurance in the United Kingdom.
Worries about legalliability have long dogged the sustainable building movement, but insurance expert Karen Erger (Locton Companies) and attorney Eric Singer (Ice Miller LLP) say sustainability lawsuits are caused by the same types of issues that have always prompted clients to sue AEC firms. read more.
Liability insurance protects your business against claims for damages caused by you and your workers, if you have any. The two most common liability insurance policies for contractors are general liability and professional liability. What are general liability and professional liability insurance?
It also ensures you’re not spending money on hospital bills, treating injured workers, and legalliabilities. . Doing so promotes workers’ health and can increase your firm’s overall productivity. With that said, here are safety precautions to promote safety in a multi-level construction site: .
The recommendation here is that in an environment of strict liability hazardous substance laws, from CERCLA and its state counterparts to local lead based paint codes, attorneys should be contracting with those undertaking hazardous substance investigations and the like. And it may be much more than that.
Going forward there will be a long-term asset offset by a current liability and a long-term liability. According to ASC 842-10-55-12, these leases “should be classified in accordance with the lease classification criteria applicable to all other leases on the basis of the legally enforceable terms and conditions of the lease.”
Professional liability insurance provides contractors coverage from financial losses that happen as a result of their errors, mistakes, or negligence. In that case, professional liability insurance would generally provide the plumber with reimbursement for legal fees, settlements, and judgments.
From safety hazards to contractual disputes, the industry faces numerous liability issues that can lead to costly legal battles, project delays, and financial losses. In this article, we’ll explore some of the most common construction liability issues and provide strategies to address them effectively.
EPA’s direct final rule allowing the use of the new ASTM E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” to satisfy the requirements for conducting “all appropriate inquiries” to qualify for liability protections. The EPA rule is at [link].
When renters sign up to be Airbnb hosts, they open liability issues for building owners. Airbnb’s popularity has skyrocketed, offering appealing, affordable experiences to travelers and an easy way for renters to make quick cash. The overwhelming majority of Airbnb travelers use properties responsibly.
Dear Mr. Ethics, My partners are telling me we should be forming limited liability corporations for every project we do. s” will legally protect our personal assets and the assets of our regular company. Dear Undecided, LLC’s have been around for decades and are perfectly legal. They tell me that these “L.L.C.’s”
Dear Mr. Ethics, My partners are telling me we should be forming limited liability corporations for every project we do. s” will legally protect our personal assets and the assets of our regular company. Dear Undecided, LLC’s have been around for decades and are perfectly legal. They tell me that these “L.L.C.’s”
Dear Mr. Ethics, My partners are telling me we should be forming limited liability corporations for every project we do. s” will legally protect our personal assets and the assets of our regular company. Dear Undecided, LLC’s have been around for decades and are perfectly legal. They tell me that these “L.L.C.’s”
In an era when concern over legalliability for building claims is real, not only enforced by the FTC and state attorneys’ generals, but also in consumer class action suits, it is likely unwise to make the claim that a building is net zero energy use or the like, what does net zero mean?
“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.”. Medical expenses, property damage, and legal defense costs can grow quickly.
Constructive acceleration often refers to a situation where the contract administrator (or equivalent) fails to award an extension of time (“EOT”) to which the contractor is entitled, and the contractor is compelled to accelerate the works to meet the original completion date, essentially to avoid liability for liquidated damages.
When renters sign up to be Airbnb hosts, they open liability issues for building owners. Airbnb’s popularity has skyrocketed, offering appealing, affordable experiences to travelers and an easy way for renters to make quick cash. The overwhelming majority of Airbnb travelers use properties responsibly.
Legal terms explained Tse Wei Lim and Yun Wen Soh of Herbert Smith Freehills LLP explain what decennial liability means. Only claims against bodies subject to a relevant liability will succeed, the TCC has ruled.
Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law, something that is expected to happen by rulemaking at some point in 2022. Liability from old dry cleaners in retail sites that are beyond the boundaries of the “subject property” (.
Given the large number of inquiries we have responded to about Zika, including about liability for building owners, this is a repost of an updated version of my February blog post on the subject. But where a building has an insect management plan, the negligent implementation of a plan may arguably give rise to liability.
Surety bonds are financial guarantees that are issued to ensure the individual or company who obtains the bond will perform work in a legally compliant manner and will avoid fraud and misconduct. Surety – The bonding company that guarantees the principal’s ethical operations and legal compliance by issuing the bond.
Two of the most common insurance policies that contractors have are builder’s risk and general liability, which serve very different purposes. Builder’s Risk Insurance General Liability Insurance Coverage Covers a building under construction—and often tools, equipment, and materials related to the project.
There can be real legal jeopardy and significant dollar liability for those failing to address the issues associated with solar panels. This firm regularly receives inquiries arising from commercial real estate transactions that have not adequately addressed matters of solar panels, PPAs, tax credits and the like.
Are the liability and risk reduction departments ready for it? 3D Printing is here on construction sites around the globe and it's delivering everything from concrete walls to welded bridges.
Legal terms explained Nick Oury and Maddy Van Every of Herbert Smith Freehills LLP explain IBAs new Site Visit Model Protocol Guest editor Nerves of steel with millions at stake For steel importers facing retrospective duty claims in excess of 25 million due to purported, post-Brexit administrative errors, the battle against HMRC is just beginning.
More than 39% of LEED NC 2009 projects have achieved the Green Power credit, arguably the most common rating system for a building being sold this year, but we know anecdotally the obligation is rarely disclosed in a contract of sale; something potentially imposing post closing liability on the seller.
A solid commitment to safety can help reduce legalliabilities resulting from accidents or non-compliance with safety regulations. Meanwhile, crane accidents have a significant economic impact, costing the construction industry billions in medical expenses, legal fees, property damage, and lost productivity.
OSHA fines, liability risks, and potential harm to team members are major concernsand all of these issues can often be traced back to insufficient safety training or poorly implemented safety programs. Consider project delays, legal battles, insurance rate increases, and the damage done to your companys reputation.
Avoiding Legal Issues Hiring clients hire a licensed contractor to save themselves from legalliabilities and low-quality work. In that case, the responsibility of dealing with workplace accidents or unsafe job sites will fall upon them, causing legal issues.
What Are the Legal Safeguards for Getting Back to Work? As builders and trade contractors start to get back on track following the impact of COVID-19 and its restrictions, there are legal concerns to consider. Failing to handle absence requests properly could expose employers to liability under those laws. .
These new laws are the Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022 and the Limited Liability Partnerships (Climate-related Financial Disclosure) Regulations 2022. Nancy Hudes and I are now publishing a blog www.ESGLegalSolutions.com (. yes, this blog will continue).
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