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Legal Resources > Legal News
 
Legal News
Fifth Circuit Reverses Course after 37 Years; Holds OSHA Has Authority to Enforce Multi-Employer Citation Policy
Friday Jan 18,2019

On November 26, 2018, the Fifth Circuit released its opinion in Acosta v. Hensel Phelps Construction Co., which held that despite prior rulings to the contrary, OSHA is authorized to issue citations against contractors for safety violations...
By: Bradley Arant Boult Cummings LLP 

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California Court of Appeals Holds Subrogating Carrier Cannot Assert Claims of Its Suspended Insured
Friday Jan 18,2019

In Travelers Prop. Cas. Co. of Am. v. Engel Insulation, Inc., 29 Cal. App. 5th 830 (2018), the Third District Court of Appeals of California addressed whether a subrogating carrier can assert the rights of its corporate insured while the insured is...
By: White and Williams LLP 

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Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors
Friday Jan 18,2019

The implied warranty of habitability allows a homeowner to recover damages for latent defects that interfere with the intended use of a home. In Sienna Court Condo. Ass’n v. Champion Aluminum Corp., 2018 IL 122022, 2018 Ill. LEXIS 1244 (2018), the...
By: White and Williams LLP 

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Dear YouDig? Preacher Gonna Preach - Don't Get Caught ...
Friday Jan 18,2019

Dear YouDig? We are owed mid-six figures for excavation work we finished six months ago. The general contractor is playing dodgeball and claims it hasn’t been paid. We want to make a claim to get our dough. Problem, it looks like we blew the lien...
By: Buckingham, Doolittle & Burroughs, LLC 

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New York Court Of Appeals Holds That Direct Consent By Landlord Is Not Necessary For Contractor To Enforce A Lien Against The Property For Work Performed For A Tenant
Thursday Jan 17,2019

Ferrara v. Peaches Café LLC, 2018 NY Lexis 3244 (November 20, 2018) - COR Ridge Road Company, LLC (“COR”), as landlord, entered into a 10 year lease with Peaches Café, LLC (“Peaches”)....
By: Pepper Hamilton LLP 

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The Good, the Bad, and the Yet to be Defined
Thursday Jan 17,2019

The Tax Cuts and Jobs Act (“TCJA”) provided the most comprehensive update to the tax code in over two decades. Of the many changes the TCJA provided, Sections 1400Z-1 and 1400Z-2 of the IRC are of the most heavily discussed and analyzed by taxpayers...
By: Rosenberg Martin Greenberg LLP 

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Zoning Boards Are Not Free To Disregard Prior Rulings Where Property Conditions Remain Unchanged
Thursday Jan 17,2019

In a recent unpublished decision, the Appellate Division again confirmed that a zoning board may not reverse course without justification once it has made findings regarding a specific property. In Oster v. Zoning Board of Adjustment of the Township...
By: Cole Schotz 

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Florida Courts Consider Control, Not Contractual Privity, for Negligence Claims Against Design Professionals - Construction and Procurement Law News, Q4 2018
Wednesday Jan 16,2019

Though many states require a contractor to hold a contract directly with a design professional to pursue a claim against a designer for design omissions or defects, a recent case confirms that, in Florida, contractual privity (the legal term for a...
By: Bradley Arant Boult Cummings LLP 

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