2/1/22
By: Joshua Ferguson
The Pennsylvania legislature seeks to adjust risk transfer between parties to snow and ice management services contracts. By a unanimous vote, the Pennsylvania House of Representatives approved the Snow Removal Limited Liability Act, House Bill 1665, sending it …
1/28/22
By: Paul Piantino III, Esq., Kaitlyn Grajek, Esq. and Julia Bover, Esq.
On December 31, 2021, New York Governor Kathy Hochul signed into law the Comprehensive Insurance Disclosure Act, (the “Act”). It takes effect immediately and applies to …
New Year’s resolutions for design professionals: negotiate new contracts carefully
1/20/22
By: Catherine Bednar
The start of a new year is an excellent time for design professionals to review and implement measures for avoiding and minimizing their potential exposure from liability claims. Below are some key contract issues to consider as …
PFAS and CERCLA – Potential Liability for Contractors
1/19/22
By: Alec D. Tyra
Per-and-Poly Fluoroalkyl Substances (PFAS) are a broad class of manmade, highly stable chemicals. PFAS exhibit both grease repelling (lipophobic) and water repelling (hydrophobic) properties due to their unique chemical structure. These …
Arbitration v. litigation: dispute resolution considerations for construction professionals
12/7/21
An often-overlooked side effect of litigation, particularly in the construction industry, is the impact that it has on day-to-day operations. The more involved and protracted the litigation, the more your company must reallocate its resources (i.e. time and money) to tend to …
11/30/21
In 2014, U.S.-based company Eisenmann was selected to act as a general contractor for a large-scale construction project at a Tesla facility in Fremont, California. Eisenmann contracted with Slovenia-based construction company Vuzem to provide labor for …
9/30/21
Are general contractors covered when the cost of repairing or removing a subcontractor’s defective work results in the loss of use of the tangible property which is not itself physically damaged?
The United States Court of Appeals …
Pennsylvania House of Representatives introduces anti-indemnity bill
9/23/21
By: Joshua Ferguson
The Pennsylvania House of Representatives introduced House Bill 1886, legislation amending Act 164 of 1970, which relates to Indemnification Agreements in certain contracts. Like Act 164, the bill itself appears to cover agreements between ”architects, engineers or surveyors and owners, contractors, subcontractors or suppliers.”
Beyond the …
We’re not in Kansas anymore: standards for buildings in tornado country
7/23/21
By: Kyle Virgin
The American Society of Civil Engineers (ASCE) recently released its draft version of the 2022 edition of its building standards and, for the first time, the standards may very well include guidance on the design of facilities, …