by Kent Holland | Feb 9, 2011 | Newsletter Article
Currently, federal or state established standards of safety thresholds for mold exposure are are non-existent. Scientific agreement has not even been reached on whether mold (or various types of mold) are hazardous or injurious to health. Nor are there standards for...
by Kent Holland | Feb 9, 2011 | Newsletter Article
An engineer was not liable for injuries sustained by an employee of a construction contractor where the engineer’s contract did not make the engineer responsible for site safety and where the engineer did not take any action in the field to supervise or control the...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where construction contracts contain language obligating the contractor to submit claims for extras or changes to the owner or higher-tier contractors within a certain period of time after it incurs increased costs or delay. In addition, many contracts also require...
by Kent Holland | Feb 9, 2011 | Newsletter Article
The strict liability imposed by Section 240 of the New Labor Law appears to have been somewhat clarified in the decision of Rupert Blake v. Neighborhood Housing Services of New York City, Inc., 2003 NY Slip Opinion 19690, Court of Appeals (Dec. 2003). In this case,...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Contractor was entitled to recover as an “additional insured” under its subcontractor’s primary and umbrella policies for damages suffered by a roofer who fell through roof opening that had been cut by the subcontractor because the court found there was sufficient...
by Kent Holland | Feb 9, 2011 | Newsletter Article
A California Court of Appeals held earlier this month that incident reports are protected by the attorney-client privilege when certain criteria are met. Scripps Health v. Superior Court (Reynolds), 2003 D.A.R. 6059 (filed June 6, 2003) This case is particularly...
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