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Gravel2Gavel Construction & Real Estate Law Blog

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G2G Friday Favorites – July 20

Time to revise the game plan. New Jersey officials re-evaluate planned infrastructure projects in light of Super Bowl 2014. Bottom line: be prepared for some gridlock. Oh, and bundle up since this will be the first ever outdoor Super Bowl in a cold-weather city. There’s an app for that! Bluebeam…

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Wisconsin Holds That Insurer’s Failure to Reserve Rights Does Not Waive Its Ability to Deny Coverage Based on Coverage Clause

It is the rule in many jurisdictions that an insurer which assumes defense of its insured without issuing a reservation of rights can be estopped from later denying coverage based on rights or defenses in the insurance contract. This general rule was rejected by the Supreme Court of Wisconsin in…

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Oxford Aviation, Inc. v. Global Aero, Inc.: The First Circuit’s Broad Interpretation of an Insurer’s Duty to Defend

The First Circuit has endorsed key principles that favor policyholders in insurance coverage disputes — principles that can frequently be used to help insureds in construction cases. So, this new case is worth a look. In Oxford Aviation, Inc. v. Global Aero., Inc., 2012 U.S. App. LEXIS 10101 (1st Cir.…

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The “Silver” Isn’t Lining The Union Pockets — Silver Line To Proceed Without Union Preference

Perhaps they saw that Scott Walker defeated a recall attempt in Wisconsin and decided that momentum is moving against organized labor. Whatever the thought process, a log jam has been removed and a major project can move forward. On Wednesday, June 6, the Metropolitan Washington Airport Authority (WMAA) agreed that…

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The quid pro quo of Texas’ workers compensation statute bars injured employees of a general contractor from bringing suit against employees of a covered subcontractor, their deemed fellow employees.

Under the Texas code, the workers’ compensation exclusive remedy bar applies up and down: barring injured employees of subcontractors from bringing common law tort suits against a general contractor which provided workers compensation insurance, and also in reverse, barring injured employees of the general contractor from bringing suit against a…

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Does your subcontractor’s certificate of insurance say too much or too little? New requirements for COIs for coverage for property, operations and risks located in Virginia take effect July 1, 2012.

It’s standard fare for contractors and subs to be required to provide certificates of insurance (COI) verifying that the insurance requirements specified in their contracts, e.g., the type of coverage, the coverage policy limits, have been met prior to starting work. According to an April 21, 2011 Administrative Letter issued…

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Ex-Im Charter Awaits President Obama’s Signature

Established in 1934 by an executive order and then made an independent agency in the Executive Branch by Congress in 1945, the Export-Import Bank is the official export credit agency of the United States whose mission is to assist in financing the export of U.S. goods and services to international…

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Significant Changes to California’s Mechanics Lien Law Coming July 1, 2012

Effective July 1, 2012, all of the existing statutes governing mechanics liens, stop notices and payment bonds in California will be repealed and replaced by updated statutes. The law will also result in new statutes governing stop notices (on both public and private works), payment bonds and related claims. The…