Bar Exam Toolbox Podcast Episode 319: Spotlight on Torts (Part 3 – Strict and Vicarious Liability)
Compliance Tip of the Day: Avoiding CCO Liability
Podcast - Ohio State Senator Has a Bone to Pick with Court Ruling on Boneless Wings
The Chartwell Chronicles: Tort Reform
2022 FCA Year in Review and Emerging Trends for 2023
Blogging made him both the Pope and the Tom Hanks of D&O insurance - Legally Contented Podcast
Corporate Criminal Liability in South America
Hinshaw Insurance Law TV – Cybersecurity Third and Final Part: Ransomware
Law Brief®: David Pfeffer and Richard Schoenstein Discuss the Legal Implications of Infrastructure Collapses
Texas House Passes Pandemic Liability Protection Act
Roadmap to Joint Venture Agreements: Legal and Accounting Considerations
The Risk of Personal Injury Claims from COVID-19 and What to Do About It
On-Demand Webinar | Eminent Domain in 2020: A Year in Review
What No Statutory COVID Immunity Means for Businesses
New Developments in the World of Section 230
False Claims Act Implications for PPP and Disaster Relief Loans: What Small Businesses Should Be Ready For
JONES DAY TALKS®: Riding the Green Bond Wave: Focus is on Standards as Volumes Surge
Blakes Continuity Podcast: Life Sciences: Liability and Immunity During COVID-19
A Discussion on the Kollaritsch v. Michigan State University Board of Trustees Decision
[WEBINAR] Automated Vehicle Pilot Project Risks and Smart Infrastructure
When a business is served with a state court action, the first reaction is often to consider whether the action can be removed to federal court based on diversity. But for businesses doing work for the federal government...more
The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury. ...more
A recent court ruling raises questions and concerns over the scope of liability owners and contractors may face when a subcontractor's employee is involved in an off-site accident during the course of construction. ...more
If a general contractor thinks its responsibility for ensuring a safe workplace extends only to its own employees, that belief is mistaken. In a recent case, the Washington Court of Appeals made clear that as long as a...more
Colony Insurance Company v. Titan Restoration Construction, Inc., Fla. 4th DCA, No. 4D2023-2908, January 8, 2025 - Colony Insurance Company’s insurance policy with the general contracting company, Titan Restoration...more
The legal concept of “privity of contract” is a common law principle which provides that only parties directly involved in a contract can enforce its terms or be held liable for its obligations. This means that third parties...more
Diamond Transp. Logistics, Inc. v. The Kroger Co., 101 F. 4th 458 (6th Cir. May 13, 2024) - The Sixth Circuit reviewed an indemnification agreement in a shipping contract to determine the definition of “sole negligence.”...more
Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors...more
When two companies negotiate a subcontract in support of a federal government prime contract ("federal subcontract"), they may include provisions capping their liability to each other at specific amounts. In structuring such...more
It has long been established under Ohio law that a construction site is an inherently dangerous workplace and a subcontractor who works at a construction site is engaging in inherently dangerous work. Generally, Ohio law...more
As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage?...more
Losses of labor productivity issues and claims seem to have taken on more prominence in the last few years due to labor shortages, material shortages, and the quickly changing economics and supply change issues affecting the...more
The Benefits of Collaboration - In today’s construction industry, it is no secret that there is always increasing pressure to speed up schedules and to keep costs down. One key factor that can help achieve these goals is to...more
Under New Jersey law, parties who hire independent contractor are not responsible for harm that occurs to the contractor’s employees as a result of the very work that the employee was hired to perform. In September 2022, the...more
A homeowner or property owner (your client or customer) files a claim with their homeowners or property insurance for damage. The insurance company then comes after you, alleging it was a construction or design defect that...more
On June 10, 2022 Governor Pritzker signed into law two new amendments to the Illinois Wage Payment and Collection Act (“Act”) that now expose non-union general contractors to liability for the wages of their subcontractor’s...more
In 2700 Bohn Motor, LLC v. F.H. Myers Constr. Corp., No. 2021-CA-0671, 2022 La. App. LEXIS 651 (Bohn Motor), the Court of Appeals of Louisiana for the Fourth Circuit (Court of Appeals) considered whether a subrogation waiver...more
Government contractors facing products liability suits may have a number of unique defenses available them, depending on the government’s role in the alleged act or omission giving rise to the plaintiff’s claimed harm. One...more
Construction contract provisions concerning liquidated damages and construction delays are important to consider together. Through a liquidated damages provision, contracting parties agree in advance to the amount of losses...more
A recent decision from the United States District Court for Massachusetts held a contractor and its owner personally liable for failing to pay a subcontractor and held that the contractor was liable for millions in damages to...more
Utah’s Supreme Court recently issued an opinion which dramatically expands premise owners’ liability for asbestos-related injuries. On August 5, 2021, the Court reversed Utah’s Court of Appeals and held that a lawsuit could...more
First Department Finds Exterior Work Over Two Stories Exclusion Did Not Apply To Accident From Work On Lower Floors- Adelphi University hired a general contractor for a construction project to build, from the ground up, a...more
New York appears poised to enact a modified version of legislation that would create potential liability for general contractors when their subcontractors fail to properly pay their employees. As noted in our prior...more
A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner,...more
In a recent case before Justice Andrea Masley, Corporate Electrical Technologies, Inc. v. Structure Tone, Inc. et al., Plaintiff Corporate Electrical Technologies, Inc. (“CET”), a subcontractor, was hired by Structure Tone,...more