Ex-Detroit Demolition Official Sentenced for Taking Bribes
November 24, 2019 —
Jeff Yoders - Engineering News-RecordAradondo Haskins, a former Detroit demolition projects official, has been sentenced to a year in federal prison for accepting $26,500 in bribes from contractors and rigging bids to tear down homes in a federally funded demolition program. U.S. District Judge Victoria Roberts handed down the sentence on Sept. 23 and ordered Haskins to pay a $5,000 fine and forfeit bribes he took while employed by demolition contractor Adamo Group and by the city. The charges against Haskins were unsealed on April 8, shortly before he pled guilty.
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Jeff Yoders, Engineering News-Record
Mr. Yoders may be contacted at yodersj@enr.com
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A Court-Side Seat – Case Law Update (February 2022)
March 06, 2022 —
Anthony B. Cavender - Gravel2GavelIt is already early in 2022, but several important environmental cases have already been decided by the federal district and federal appellate courts.
THE COURTS OF APPEAL
The U.S. Court of Appeals for the Fourth Circuit
West Virginia State University Board of Governors v. The Dow Chemical Company, et al.
On January 10, 2022, the court decided this case, in which Dow and the other defendants attempted to remove a state groundwater contamination lawsuit to federal court, citing the federal officer removal statute and the presence of a significant federal question. Both the federal district court and the appellate court rejected these arguments and remanded the lawsuit to the state court. For many years, Dow and other parties had been engaged in a RCRA hazardous waste cleanup at an industrial site located in Institute, West Virginia. RCRA permits and corrective action authorizations were issued or supervised by EPA. The plaintiffs complained that the groundwater cleanup, insofar as it affected their property, was deficient, which compelled them to supplement the ongoing federal cleanup with a lawsuit based on West Virginia causes of action and unique to their property. After a careful review of the record, the Fourth Circuit held that the defendants were not acting under the “subjection, guidance or control” of the EPA, and therefore the federal officer removal statute did not apply. Moreover, there was no federal question to resolve as the separate state lawsuit did not challenge a CERCLA cleanup nor did it arise from the RCRA remedial measures that had been taken.
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Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com
Elyria, Ohio, to Invest $250M to Halt Illegal Sewage into Black River
December 18, 2022 —
Jim Parsons - Engineering News-RecordElyria, Ohio, will invest nearly $250 million in capital improvement projects over the next 20 years to eliminate longstanding discharges of untreated sewage into the Black River, 10 miles upstream from Lake Erie. The plan is part of a consent decree negotiated with federal and state regulators following more than 1,000 illegal discharges from the city's sewer system into the river or its tributaries since 2011.
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Jim Parsons, Engineering News-Record
ENR may be contacted at enr@enr.com
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West Coast Casualty’s Construction Defect Seminar Returns to Anaheim May 15th & 16th
February 25, 2014 —
Beverley BevenFlorez-CDJ STAFFThis year will be the twenty-first anniversary of West Coast Casualty’s Construction Defect Seminar, which brings together industry professionals locally as well as internationally. Early registration begins in the evening of Wednesday, May 14th, while the main events take place on May 15th and 16th at the Disneyland Hotel and Resort.
For attendees who wish to explore more of southern California before or after the seminar, you can show your badge and save at many venues including the Warner Bros. VIP Studio Tour, Medieval Times, Pinot Provence, Crossroads at House of Blues, Morton’s Steakhouse, as well as many other establishments.
You may register for the seminar online. They are offering a $50 discount to attendees who register before April 15th.
Download an invitation or register for the event...
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Federal Court Reiterates Broad Duty to Defend in Additional Insured Cases
April 22, 2024 —
Craig Rokuson - Traub LiebermanIn the recent case of
Travelers Indem. Co. of Am. v. Accredited Sur. & Cas. Co., No. 21-CV-7189 (FB) (JRC), 2024 U.S. Dist. LEXIS 44634 (E.D.N.Y. Mar. 13, 2024), the Federal District Court for the Eastern District of New York had occasion to consider an additional insured tender on behalf of a prime contractor, Archstone, to a subcontractor, Topline, who was named as a direct defendant in a New York labor law case. Even though Topline’s carrier put forth evidence that Topline was not negligent, the court held, under New York’s broad duty to defend, that Topline’s carrier owed a duty to defend the prime contractor.
Initially, the court was satisfied that a purchase order, signed only by Topline and not Archstone, was binding on Topline. That purchase order specified that Topline agreed to name Archstone as an additional insured.
With respect to the duty to defend, the court found that it was enough that the underlying plaintiff alleged that all defendants, including Topline, were negligent in permitting a ladder that plaintiff was on to remain in a defective condition and in failing to foresee the existence of a hazard from the condition of the subject ladder.
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Craig Rokuson, Traub LiebermanMr. Rokuson may be contacted at
crokuson@tlsslaw.com
Calling the Shots
May 03, 2021 —
Construction ExecutiveAs of 2019, women accounted for 10% of the total construction workforce. That’s 1.2 million women in the field, sculpting the built environment and calling the shots. A smaller percentage of the industry’s population does not mean less ability to achieve success. According to The National Association of Women in Construction, 44% of women in construction serve in a professional and management capacity.
As the pandemic lingers on, sourcing qualified candidates is becoming more difficult, and finding nuanced methods of retaining valuable employees remains at the forefront of modern business. One estimate cites a loss of 600,000 women from the overall U.S. workforce in September 2020.
However, data suggest that construction employment for women has remained steady, compared with struggling sectors such as retail and hospitality. Plus, salary disparities are becoming less prominent in the construction sector where, according to NAWIC, women earn 99.1% of what men make, and the female population has seen steady growth since 2012.
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Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Editorial: Qatar Is Champion of Safety Hypocrisy in Migrant Worker Deaths
December 26, 2022 —
ENR Editorial Board - Engineering News-RecordOnce the World Cup soccer tournament concludes, decency dictates that someone should put a wrecking ball to Qatar’s Al Bayt and Lusail stadiums, where the opening ceremonies and matches were held. There’s no polite way to say it: bulldozing the World Cup sports facilities is the only way to amplify to the world the cost in migrant construction workers lives in all that was constructed.
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ENR Editorial Board, Engineering News-Record
ENR may be contacted at enr@enr.com
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The Peak of Hurricane Season Is Here: How to Manage Risks Before They Manage You
September 21, 2020 —
Vincent E. Morgan - Construction ExecutiveThe Atlantic hurricane season runs from June 1 to Nov. 30, but it peaks sharply during August, September and October. The latest forecasts predict this will be one of the most active seasons in history, in terms of frequency and severity, though it is always important to remember that even a single hurricane or tropical storm making landfall can still be a devastating event.
Hurricanes pose unique risks to the construction industry ranging from project and labor force disruptions to concerns about the availability and price of construction materials. This is even more true this year, which requires merging hurricane preparedness and response plans with the realities of COVID-19. Because hurricanes cannot be avoided, preparing for them is the only way to manage these risks. Ensuring the personal safety and wellbeing of affected individuals is the first priority. After that, here are some key issues, and suggestions for handling them, that may help guide construction companies through the storm.
SITE PROTECTION
Construction contracts often place responsibility for site protection on contractors. Where those duties exist, failing to properly carry them out can lead to enormous losses that then turn into liability claims. This could be anything from removing materials that can become projectiles, covering exposed ventilation shafts, and sealing electrical conduits to ensuring that key equipment such as generators and pumps can remain functional in a storm. One way to approach it is to imagine sustained 100-mph winds and relentless water, and then make sure preparedness efforts are likely to survive that kind of test. This is not the time for guessing. It is far better to go through a rigorous analytical process now than in a courtroom years later.
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Vincent E. Morgan, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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