Traditionally, courts have not allowed a claimant to recover damages for emotional distress in actions regarding construction defects. However, more and more courts are beginning to consider these damages if accompanied by extrinsic circumstances. Mississippi is appropriate to examine as Harper Whitwell PLLC is proud to call Oxford home. When a party intentionally conducts itself in … Continue reading Damages for Emotional Distress in Construction Defect Cases?
A "remote" claimant can be defined as one contributing labor or materials to a construction project who does not have a direct contract with the general contractor. This is typically a sub of a sub or a material supplier who sells to a subcontractor. The key is the provider must not be in … Continue reading Notice of Furnishing and Remote Claimants
OSHA has announced a 90 day delay in implementation of Silica regulations. Compliance has been set forward from 6/23 to 9/23.
I have attached some information provided by Consensusdocs which is an excellent resource for contractors bidding on public projects. Link to Consensusdocs Guidelines Please contact Clay Olson if you would like to discuss public bidding and procurement in South Carolina. 843-224-6676 (m0bile) or email firstname.lastname@example.org
Brief Facts: Insurance carrier (Harleysville) insured a Developer which was sued under several names or "d/b/a" identities. Developer was sued for construction defects. Carrier defended the claims on behalf of the Developer under various reservations of rights. General verdicts were returned against the Developer entities for $4,500,000.00 in actual damages and $1,000,000 in punitive damages. Insurance carrier then filed … Continue reading Harleysville Decision Confirms Crossman, cautions insurance carriers
A US District Court Judge recently barred testimony from three witnesses retained by Plaintiffs in the MDL action which seeks a finding that Pella Corp.’s Architect Series and Designer Series are defective. Specifically, Plaintiff's experts are barred from entering testimony suggesting that "leakage paths” allow water to penetrate into vulnerable areas of the windows … Continue reading Pella Window Update in South Carolina MDL
Special thanks for this article from Steven Schreckinger at Anderson Kreiger. Today is an article about coverage for an additional insured in what is a rare situation as the named insured is deemed without fault. http://www.andersonkreiger.com/insurance-law/2017/01/05/does-an-additional-insured-get-coverage-when-the-named-insured-has-done-nothing-wrong/
Harper Whitwell PLLC is a law firm which stands firm in its belief that the construction industry is the backbone of our economy. We strive to keep contractors compliant with state and federal regulatory requirements and advocate the prompt payment for services rendered. Like many other states, Mississippi allows for recovery of sums owed to … Continue reading Mississippi Contractor Payment and Mechanic’s Liens
The U.S. Occupational Safety and Health Administration’s (“OSHA”) new rule for respirable crystalline silica was finalized this past Summer, while compliance obligations under the new rule start on June 23, 2018. The new silica rule reduces the permissible exposure level (PEL) for employees and creates many new requirements for businesses. Companies will be required to … Continue reading OSHA Silica Regulations are Now Decided; Compliance Deadline Extended
If a material supplier is not compensated for goods delivered properly to a construction site, there are remedies available. Before suing on the bond, it is important to review all terms and conditions. Certified Copy of Payment Bond If a supplier of materials on a federal project has not been paid they can request … Continue reading The Miller Act and Suppliers