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Gravel2Gavel Construction & Real Estate Law Blog

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Defects in an insured’s own work are “unmistakably included” in the definition of “occurrence” in CGL policy, rules Second Circuit.

The Second Circuit’s recent decision in Scottsdale Insurance Company v. R.I. Pools, Inc., Case No. 11-3529, 2013 WL 1150217 (2d Cir. March 21, 2013) should be welcome news for Connecticut contractors insured under CGL policies with Broad Form Property Damage Coverage, seeking coverage for losses to their work caused by…

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America’s Infrastructure GPA: D+

The American Society of Civil Engineers (“ASCE”) has released its 2013 Report Card for America’s Infrastructure. The Report Card assigns a letter grade to sixteen major categories of infrastructure – such as bridges, dams, and roads – based on capacity, condition, funding, future need, operation and maintenance, public safety, and…

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Sequestration Is Here – Now What Happens to Government Contractors?

On March 1, 2013, President Obama ordered the implementation of across-the-board cuts – sequestration – primarily directed to military and domestic discretionary spending because the White House and congressional leaders could not agree to an alternative. The Balanced Budget and Emergency Deficit Control Act of 2011 requires this sequestration, which…

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National Defense Authorization Act for Fiscal Year 2013 – New Procurement Rules Coming

In January, President Obama signed the National Defense Authorization Act for Fiscal Year 2013 (“NDAA”), which includes numerous new procurement policies directed at contractors and how they bid on and perform government contracts. To learn more about this, click here to read the client alert.

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Trends in Single-Family Housing

To learn more about the ways investors and new market entrants are attempting to develop what is emerging as a new single-family asset class, the regulatory changes that have caused banks to retreat from participation in the mortgage servicing business, and compliance challenges for existing and new servicers, click here…

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Prohibition on Contract Awards to Companies That Were Formerly Based in the United States

On January 29, 2013, a final rule was issued prohibiting the award of contracts to inverted domestic corporations. The final rule requires an offeror to represent that it is not an inverted domestic corporation and creates potential liability if the contractor’s legal status changes after the contract is awarded. To…

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Denying Coverage Based on the Insured’s Lack of Cooperation – A Difficult Standard for Insurers to Meet

An insured’s duty to cooperate with its insurer in the investigation and potential payment of claims is essential to the insurance relationship and is often a condition precedent to coverage. As the Supreme Court for the State of Washington recently affirmed, however, an insurer’s ability to deny coverage based on…

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California Contractors State License Board Confirms Asbestos Certification Does Not Authorize Universal Removal/Abatement

Recently, the California Contractors State License Board (CLSB) issued an Industry Bulletin confirming that contractors may not perform abestos removal or abatement work if the work is not performed within the contractor’s license classification(s). An asbestos abatement certification by itself is not a CSLB contractor’s license classification. To obtain such…