The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield County, Inc. v. Arbella Protection Ins. Co., 224 Conn App.
Construction Law Zone
Current developments and recent trends in all areas of Construction Law
Construction Law Zone, published by Robinson & Cole LLP, focuses on legal issues related to construction projects and infrastructure development. The blog covers topics such as contract disputes, risk allocation in construction agreements, regulatory compliance including federal and state procurement rules, indemnification clauses, and recent court decisions affecting construction law. It also addresses changes in government regulations impacting construction practices, such as Buy America requirements and certification standards for disadvantaged business enterprises. The content is aimed at legal professionals, contractors, and stakeholders involved in construction and infrastructure projects, providing analysis of contractual, regulatory, and litigation matters within the construction industry.
Latest from Construction Law Zone - Page 4
Worker Classification Continues as ‘Hot Topic’ for 2024
Below is an excerpt of an article co-authored by Labor and Employment Group lawyers Abby Warren and Jessica Pinto, which was published in the latest edition of PE magazine, the flagship publication of the National Society of Professional Engineers.…
Connecticut’s New False Claims Act Increases Risk to Public Construction Participants
Below is an excerpt of an article published in the Winter 2023 issue of CONNstruction magazine, the quarterly publication of the Connecticut Construction Industries Association.
After several decades, Governor Ned Lamont signed a bill into law, effective July 1, 2023, An Act…
American Arbitration Association Revises Construction Industry Rules and Mediation Procedures
The American Arbitration Association (AAA), one of the longest-standing and experienced alternative dispute resolution (ADR) administrators, has unveiled a significant update to its Construction Industry Rules and Mediation procedures. This update, last revised in 2015, became effective March 1, 2024.…
NY Prompt Pay Act for Private Construction Caps Retainage at Five Percent
New York’s Prompt Pay Act, which sets the standards that govern private commercial construction contracts exceeding $150,000, was amended effective November 17, 2023. The Amendment known as Senate Bill 3539 provides two significant changes which advance the timing of payments…
Federal DOT’s Disadvantaged Business Enterprise Program Challenged as Unconstitutional
By Bill Wilson
In the wake of the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. 181 (2023) (SFFA), which limits the reach of race-based affirmative action programs in college admissions, a…
Construction Employers Beware: New, Easier Union Representation Process
This week we are pleased to have a guest post by Robinson+Cole Labor Relations Group chair Natale V. DiNatale.
The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including construction employers, without a…
OSHA Moves to Clarify Construction PPE Standard
This post was authored by Jon Schaefer, who is a member of Robinson+Cole’s Environmental, Energy + Telecommunications Group. Jon focuses his practice on environmental compliance counseling, occupational health and safety, permitting, site remediation, and litigation related to federal and…
Rhode Island Affirms The Principle That Sureties Must be Provided Notice of Default Before They Can be Held Liable for Principal’s Default
Most bond forms in use today, including the standard form AIA A312-2010, contain express condition precedents that trigger a surety’s obligations under the bond. Under a performance bond, the bond obligee is required to provide formal notice to the surety…
New York Restrictions on Flow Through Provision in Subcontracts
By Bill Wilson
Most subcontracts include a flow through provision (also called flow down and incorporation clauses) stating that the subcontractor and contractor are bound by the same obligations as set forth in the prime contract between the contractor and owner. Many jurisdictions…