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Construction
Contractor Registration Acts Apply to Subcontractors as Well as General Contractors, by
Dennis M. Strasser.
Subcontractors are generally required to register with the state pursuant to statutory enactments such as
Washington’s Contractor Registration Act (CRA), Title 18.27 RCW. The CRA’s purpose is to afford protection to the public from unreliable, fraudulent, financially irresponsible, or incompetent contractors.
Non-Specific.
2 pages. Written:
2007. Added:
10-22-2008.
buildernewsmag.com
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Construction
Contractor Registration Acts Apply to Subcontractors as Well as General Contractors, by
Dennis M. Strasser.
Subcontractors are generally required to register with the state pursuant to statutory enactments such as
Washington’s Contractor Registration Act (CRA), Title 18.27 RCW. The CRA’s purpose is to afford protection to the public from unreliable, fraudulent, financially irresponsible, or incompetent contractors.
Washington.
2 pages. Written:
2007. Added:
10-22-2008.
buildernewsmag.com
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Construction
Limiting an Architect’s Exposure to Liability, by
Lauren J. Vidal.
This article offers suggestions concerning contractual
language and conduct at the worksite that may be useful in limiting our architect client’s potential exposure to liability.
Non-Specific.
6 pages. Written:
2006. Added:
9-04-2008.
gibbonslaw.com
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Construction
The 2007 AIA Contract Revisions: What Contractors Need to Know About A201, by
Charles Schoenwetter.
A201, "General Conditions of the Contract for Construction," has been the industry gold standard for years, but the latest round of revisions has not been a rubber stamp.
Non-Specific.
4 pages. Written:
2007. Added:
9-04-2008.
bowmanandbrooke.com
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Qui Tam and False Claims Act
False Claims Act Enforcement: Supreme Court and Legislative Updates, by
Beth McClain and Kerry Hotopp.
The Supreme Court heard oral argument today in a case that has the potential to dramatically expand the reach of the False Claims Act (FCA) in all sectors of the economy, including healthcare. This article gives a brief overview of Allison Engine Co. v. United States ex rel. Sanders.
Allison Engine Co. v. United States ex rel. Sanders, 128 S. Ct. 491 (2007) (cert. granted), is a declined qui tam case involving allegedly defective equipment provided by three subcontractors during the construction of guided missile destroyers for the United States Navy.
Non-Specific.
4 pages. Written:
2008. Added:
7-04-2008.
www.ffhsj.com
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Construction
Considerations When Representing an Insured Contractor, by
Wendy West Feinstein.
Briefs the Basics
a. While no area of the practice of law is immune to the problems of conflicts in interest, “no specialty within the law is more singularly or directly affected by conflicts of interest problems than insurance defense.” Bowdre, Conflicts of Interest Between Insurer and Insured, 17 Am. J. Trial Advoc. 101, 101 (1993).
Non-Specific.
12 pages. Written:
2007. Added:
7-04-2008.
www.eckertseamans.com
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Construction
Limiting an Architect’s Exposure to Liability, by
Lauren J. Vidal.
This article first considers claims arising during the construction phase of a building project that may be asserted against an architect, with a focus on claims concerning defects in the work and worksite injuries, as these constitute the majority of claims alleged during the construction phase. Next, this article will address the central role contract language plays in assessing architectural liability.
Non-Specific.
6 pages. Written:
2006. Added:
7-04-2008.
www.gibbonslaw.com
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Construction
Considerations when Representing an Insured Contractor , by
Wendy West Feinstein.
Describes the Basics, Duty to Defend, Reservation of Rights, etc. While no area of the practice of law is immune to the problems of conflicts in interest, “no specialty within the law is more singularly or directly affected by conflicts of interest problems than insurance defense.”
Non-Specific.
12 pages. Written:
2007. Added:
6-30-2008.
www.eckertseamans.com
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Construction
Taming the Trap for the Unwary: Securing Mechanics' & Materialmen's Liens In the State of Texas, by
Matthew C. Ryan.
The mechanics’ and materialmen’s lien, as created by the Chapter 53 of the Texas Property Code and the Texas Constitution, creates a very powerful tool for getting the
attention of those who own property (and/or withhold payments) on construction projects in this state. Chapter 53 of the Property Code also features some important
protections for property owners and puts some “bite” into the penalties for those who make improper claims.
Texas.
25 pages. Written:
2006. Added:
5-12-2008.
Lorman Education Services
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Construction
Minimizing Litigation risks, by
Lisa A. Powell.
Discusses electronic information, e-mail management, plastering contractor specific issues, repairs, etc.
Non-Specific.
28 pages. Written:
2007. Added:
3-11-2008.
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Construction
Contractors Need to Consider Legal Rights, Risk in Repair Process, by
Lisa A. Powell.
For contractors, the repair process can be fraught with as many pitfalls as the original construction process, the difference being that repairs tend to be more unexpected. One source of potential problems is a lack of clarity concerning the scope of repairs.
Non-Specific.
1 pages. Written:
2007. Added:
3-11-2008.
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Alternative Dispute Resolution
Mediating Construction Disputes, by
Richard P. Flake and Susan G. Perin.
While mediation is a fluid process and the outcome is never certain, an attorney who properly prepares for mediation or other alternative, who acts as counselor at least as much as he acts as advocate, and who anticipates and resolves the intricacies of a construction settlement will have added great value to the services provided the client
Non-Specific.
20 pages. Written:
2003. Added:
10-22-2007.
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Intellectual Property
A Potential Lightsaber In The “Dictionary Wars”, by
Justin E. Gray.
Texas Digital for a short time held out hope that a simple dictionary definition of a complex term in a patent case could avoid
the need for expert witnessess and quickly clarify many claim construction issues. This was to be accomplished by raising the status of a dictionary to a primary source of information for the judicial construction of patent terms.
Non-Specific.
4 pages. Written:
2007. Added:
5-10-2007.
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Construction
Limiting an Architect’s Exposure to Liability, by
Lauren J. Vidal.
This article will discuss how other factors including an architects conduct onsite & any knowledge of a defect or dangerous condition may impact an architect’s potential liability. Finally, this article offers suggestions concerning contractual language & conduct at worksite that may be useful in limiting our architect client’s potential exposure.
Non-Specific.
6 pages. Written:
2006. Added:
4-09-2007.
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Construction
Issues in Interpretation and Drafting of Construction Contracts Overview of Course Materials and Subject Matters, by
Greg Harris.
Discussion of construction contract drafting issues.
Non-Specific.
13 pages. Written:
2005. Added:
3-30-2007.
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Product Liability and Mass Tort
The Economic Loss Rule in Products Liability and Construction Litigation, by
Sam Sandmire and Inara Scott.
Addresses the role of the economics loss rule in construction and products liability litigation.
Non-Specific.
2 pages. Written:
2005. Added:
3-30-2007.
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Government
Claim Construction and Proving Infringement, by
John M. Benassi.
Proving infringement - generally, Construe the scope of the claims under Phillips.
Whether the properly construed claim “reads on” the accused device is a question of fact, reviewed under the clearly erroneous standard, and proved by a preponderance of the evidence.
Non-Specific.
65 pages. Written:
2006. Added:
3-17-2007.
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Construction
Suggested Jury Instructions in Construction Litigation: Making Your Case Clear to the Jury, by
Michael R. Libor, Victoria J. Miller - Morgan, Lewis & Bockius LLP.
This article highlights the significance of effective jury instructions in construction litigation.
Non-Specific.
41 pages. Written:
2006. Added:
3-09-2007.
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Construction
Third-Party Claims Against Construction Professionals, by
Scott Cessar & Audrey Kwak, Eckert Seamans.
Discusses need for privity for negligent misrepresentation claims.
Pennsylvania.
22 pages. Written:
2006. Added:
3-08-2007.
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Construction
A Primar on the Basics of Construction Law, by
Scott Cessar, Eckert, Seamans.
Discusses various roles of a construction attorney, and applicable substantive law.
Non-Specific.
22 pages. Written:
2006. Added:
3-08-2007.
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