News & Analysis as of

Construction Products Liability

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.
Conn Maciel Carey LLP

Cal/OSHA Year End Roundup: Revised Silica Regulation Passes and More

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With 2024 coming to a close, here is a roundup of Cal/OSHA updates from the recent Standard Board meetings and Cal/OSHA’s triannual advisory committee meeting:...more

Burr & Forman

Developers and Builders Beware: South Carolina Court Again Invalidates an Arbitration Clause, this Time Based on an Attempt to...

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On December 11, 2024, the South Carolina Supreme Court sent a clear message to home developers/builders – an arbitration clause that also contains a provision that violates a statute and/or South Carolina public policy may...more

Frantz Ward LLP

OSHA’s New PPE Rule: Ensuring Proper Fit for Construction Workers

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On December 11, 2024, the U.S. Occupational Safety and Health Administration (OSHA) updated its construction rule to include a requirement that construction employers provide properly fitting safety gear to its workers by...more

BCLP

Hong Kong Security of Payment Ordinance passed; goes into operation on 28 August 2025

BCLP on

The second and third reading of the Construction Industry Security of Payment Bill concluded at the Legislative Council on 18 December 2024....more

DLA Piper

Chile Publishes Law No. 21,718 to Expedite Real Estate Projects

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The Government of Chile has published Law No. 21,718, which amends the General Law of Urbanism and Construction, in addition to a series of regulatory provisions. The new law, introduced on November 29, 2024, aims to...more

White and Williams LLP

Texas Allows Wide Scope for Certificate of Merit

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The purpose of certificate of merit (sometimes referred to as affidavit of merit) statutes is to identify frivolous claims before the court wastes time and resources during litigation. More common in medical malpractice...more

Bennett Jones LLP

Must A Buyer Accept An Open Building Permit On Closing?

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In recent years, courts in Ontario have struggled with the answer to this question, and we direct you to our earlier blog, Requisitioning the Closure of Open Building Permits, on the subject that considered the 2022 case Chan...more

Polsinelli

Filling the Void: Colorado Advances Wetlands Rules That Will Have Major Impacts on Development

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Colorado authorities recently published proposed regulations that will have major implications for construction and development projects that impact state waters. The regulations establish a permitting system for projects...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 12, December 2024

Welcome to our year-end issue of The Site Report! As always, the construction industry is ever-changing and is impacted by extreme weather, new technology, labor issues, material and supply chain restraints, and code changes....more

Schwabe, Williamson & Wyatt PC

Kotek Signs Executive Order Mandating PLAs on State Projects

On December 19, 2024, Oregon Governor Tina Kotek publicly announced Executive Order No. 24-31 (“PLA Executive Order”), requiring Project Labor Agreements (PLAs) on nearly all state construction projects in Oregon. Here’s a...more

Parker Poe Adams & Bernstein LLP

OSHA Adopts New PPE Fit Requirements for Construction Industry

Last week, the federal Occupational Safety and Health Administration issued a final rule amending its safety standards for the construction industry to require assurance of the proper fitting of personal protective equipment....more

Littler

New York State Public Work Contractor Registration Requirement Takes Effect December 30, 2024

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Contractors and subcontractors that perform work on projects subject to Article 8 of the New York Labor Law must register with the New York State Department of Labor (NYSDOL) on or before December 30, 2024. Article 8 of the...more

Stoel Rives -  Ahead of Schedule

The Collective Cost Paid For Arbitration’s Numerous Benefits

Arbitration agreements have become commonplace in construction contracts. As a result, a significant portion of construction disputes are resolved privately through arbitration rather than in public courts. This article...more

Davis Wright Tremaine LLP

Navigating the Unknown: Unveiling the Secrets of Superior Knowledge Claims

In H&L Contracting, LLC, ASBCA Nol. 63695 (November 21, 2024), the contractor sought to recover for cost overruns it incurred in connection with a dredging contract. The contractor had to utilize an ocean-going dredge to...more

Harris Beach PLLC

NY Court of Appeals Addresses Labor Law § 200 “Means and Methods” Cases

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For participants in New York’s construction industry, the distinction between possession of supervisory authority, on the one hand, and the exercise of that authority, on the other, may have significant implications for their...more

Robinson+Cole Construction Law Zone

Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies

In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage...more

Akerman LLP

New York City Council Passes “City of Yes for Housing Opportunity”

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On December 5, 2024, the New York City Council approved the “City of Yes for Housing Opportunity” text amendment, as modified by the City Planning Commission, following recommendations from the Zoning and Franchises...more

Warner Norcross + Judd

OSHA Tailors Construction PPE Standard to Require Properly Fitting PPE

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The Occupational Safety and Health Administration (OSHA) has announced a final rule that revises the personal protective equipment (PPE) standard for the construction industry. Under the revised standard, employers engaged in...more

Rivkin Radler LLP

December 2024 Insurance Update

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There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite...more

Bond Schoeneck & King PLLC

New York State Introduces Registration Requirement for Contractors and Subcontractors on Public and Private Projects

All contractors and subcontractors who submit bids or perform construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of...more

Hahn Loeser & Parks LLP

Prefabrication – The New Norm (Properties Magazine)

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Prefabrication is nothing new to the construction industry. And, over the past several years, we have seen a rather significant increase in the utilization of prefabrication. With this increase, however, it has revealed...more

Mayer Brown

Legal developments in construction law: December 2024

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1. DOES A D & B CONTRACTOR HAVE TO CHECK THE ER DESIGN? A design and build contractor may agree to complete the design of a project but does that responsibility extend to checking the design in the Employer's...more

Warner Norcross + Judd

Construction Change Management – Common Pitfalls and How to Avoid Them

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During any construction project, unanticipated impacts and revisions to project scope, schedule and cost are almost inevitable. For example, access delays and disruptions arise, unusually severe weather conditions are...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Issues Final Rule on Personal Protective Equipment for Construction Workers, but It Could Start Back at Square One

On December 11, 2024, the Occupational Safety and Health Administration (OSHA) issued a statement that it had finalized a rule amending 29 C.F.R. 1926.95(c) to require construction employers to make personal protective...more

Jackson Lewis P.C.

Employer Compliance Check: Washington State Employment Laws 2024 + 2025

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Washington State has enacted significant employment laws that have or will come into effect in 2024 and 2025. These laws introduce new requirements and protections for employees across various industries. This update provides...more

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