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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.
Let us provide the legal framework for all stages of your project so that you can concentrate on what you do best...Building your future.
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US EPA Reissues and Replaces 2008 Stormwater Construction General Permit for Five Year Term
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
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
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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