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Taft Contruction Practice Group

Creating the foundation for a solid future  

 

Taft has been helping clients build their futures for more than 125 years. We are business attorneys who see the big picture. Our Construction Team has broad experience in the construction industry and can provide a solid legal foundation for the work you do. We can assist you with every aspect of your project, from start to finish, whether you are an owner, developer, design professional, contractor or supplier. Our construction team is as multifaceted as you are.


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US EPA Reissues and Replaces 2008 Stormwater Construction General Permit for Five Year Term  

Earl Messer
Earl K. Messer

messer@taftlaw.com  

(513) 357-9652

 

Kim Burke 

Kim K. Burke

kburke@taftlaw.com 

(513) 357-9369

Linked In 

 

On February 16, 2012, US EPA reissued and renewed the expiring 2008 Stormwater Construction General Permit (CGP) for a five-year term.  The new permit covers stormwater discharges from disturbances of one or more acres of land.  EPA states that the CGP is issued to "improve its readability, clarity, and enforceability."  EPA's Fact Sheet summarizing the 2012 "clarified" CGP is 135 pages long.  

 

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Federal Court Upholds NLRB Posting Rule But Strikes Down Two Provisions   

Kerry Hastings  

Kerry P. Hastings

hastings@taftlaw.com  

(513) 357-9380

 

Maria Vitullo  

Maria P. Vitullo

vitullo@taftlaw.com

(513) 357-9649 

 

On March 2, 2012, the federal judge presiding over the lawsuit challenging the new NLRB rule requiring union and non-union employers to notify employees of their rights under the National Labor Relations Act ("NLRA") ruled the NLRB had legal authority to adopt the posting rule.  The court rejected the argument that the notice posting requirement violated employers' First Amendment rights.    

 

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Ohio Court Rules: No Liability Insurance Coverage For Damage To Any Of Insured Contractor's Own Work  

Earl Messer
Earl K. Messer

messer@taftlaw.com 

(513) 357-9652

 

An Ohio appellate court has joined other courts that have ruled that no liability insurance coverage exists for physical damage caused to a construction project by defective construction.  In Myers v. United Ohio Ins. Co., the Ohio Fifth District Court of Appeals denied a homeowner's claim on its contractor's liability insurance policy for coverage for damage to the contractor's work resulting from leaks through its defectively constructed roof.  The Court based its ruling on the ground that defective construction is not an "occurrence" as defined in liability policies.  Absent an occurrence, i.e., an accident, no coverage exists.  The Court gave two basic rationales: (1) a liability policy covers only "consequential" damages, which do not include damages to one part of a contractor's work caused by defective construction on another part; and (2) to hold that damage to a contractor's own work is covered by a liability policy would be tantamount to making it a performance bond. 

 

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March 2012 Issue
US EPA Reissues and Replaces 2008 Stormwater Construction General Permit for Five Year Term
Federal Court Upholds NLRB Posting Rule But Strikes Down Two Provisions
Ohio Court Rules: No Liability Insurance Coverage For Damage To Any Of Insured Contractor's Own Work






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