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30 Apr 11:58 am
... thousands, if not over a hundred thousand dollars. Builders without deep pockets, and with more than one Chinese Drywall claim,
could be facing huge liability. How should an attorney advise a builder to mitigate its losses? To balance ... Those representing homeowners, consider the action taken by North Carolina
attorneys in bringing the Flannigan v. Stafford Custom Homes, Inc. matter. While other parties will likely get involved with this action (suppliers, insurers, etc.), the
plaintiffs in that ...
17 Mar 9:40 pm
... the Chinese Drywall situation, and this particular case, as news unfolds. Further, we'll soon post about what your company can do in the event it is named in one of these ... M. Donaldson, wife of/and John "Jared" Oertling, on behalf of themselves and all others similarly
situated v. Knauf Gips KG, Knauf Plasterboard Tianjin ... a Seacoast Supply, Interior Exterior Building Supply, Independent Builders Supply Association, Inc. and Rothchilt
International Limited. You can download a copy of the 55-page ...
14 Aug, 2006 11:06 am
... bargaining with UNITE HERE. The Respondent, a subsidiary of Westlake Chemical Corp., made the one-time grant to all employees at each of its facilities in connection with the initial public stock offering ... unit and that an appropriate unit must include installation
and field technicians at all of the Employer's New York area facilities. As the Petitioner, Electrical Workers Local ... Aug. 14, 2002. ***
Ybarra Construction Co. and D&P Drywall, Inc., a Single Employer (7-CA-44842; 347 NLRB No. 79 ...
8 Jan, 2007 9:04 am
... Nordstrom, Member Liebman found that the Board's current notice-posting language, which unequivocally references all places where notices
to employees customarily are posted, is sufficiently broad to encompass new communication formats, including ... preference and past practice, and economy and efficiency of operations,
the Board determined that employees of Standard Drywall, Inc. represented by Southwest Regional Council of Carpenters are entitled to perform the work in dispute:
plastering work ...
24 Sep, 2007 4:38 pm
... ." They had substantial, recent experience in drywall work, and the Respondent had directly observed the work of all but
one, and that individual came highly recommended by ... Miller Cracraft issued her decision on remand Jan. 11, 2002. *** Sunshine Piping,
Inc. (15-CA-16530; 350 NLRB No. 90) Panama City, FL Sept ... Section 8(b)(1)(A) of the Act by accepting assistance from Planned Building Services, Inc. (PBS) in soliciting
authorization from employees to deduct union dues from their paychecks, and by ...
24 Aug, 2007 6:06 pm
... Director's finding that the petitioned-for unit of all press department employees is appropriate. The Board concluded that the smallest
appropriate unit is one consisting of the Employer's press and ... Members Liebman and Schaumber participated.) *** P.G.H.C.C., Inc.
d/b/a Pacific Grove Convalescent Hospital (32-CA-22879, 22894 ... and Great Lakes Building Materials, Inc.-were a single employer (Summit/Great Lakes) engaged in the business of
selling drywall to commercial customers. In June 2004, Summit ...
20 Nov, 2008 11:39 am
... but the Business Court on November 19 nevertheless granted a Motion to Compel Arbitration in American Drywall Construction, Inc. v. Superior Construction Corp., The
Plaintiff was a subcontractor, the Defendant was the general contractor. The Defendant ... made in strict accordance with the terms of the Subcontract." Third, the parties had signed an
addendum to one of the subcontracts which said that "all terms and conditions of the Subcontract . .
.are incorporated herein and by reference and shall ...
27 Feb, 2008 10:44 pm
... proof that the landscape gardener position was indeed one that would keep the incumbent engaged in full-time employment for the entire
year. Labor certification was properly denied. Matter of South Valley Drywall, 2007-INA-00272 (1/16/08). ... that the omissions could have been corrected by a simple request for
evidence by the CO, as we held in Alpine Store Inc., "the burden is clearly on employers to ensure that they are submitting complete applications to the CO. … We find that the
Employer's ...
21 Aug 6:00 am
... to a wide range of insurance products. Ultimately, it seems quite likely that "green" elements will be integrated to some degree into all
traditional forms of insurance, from the standard fire policy, to the general liability and homeowners policies, from traditional marine and inland marine ... & Rewards- An
Insurance Perspective (Part II) Do Trade Contractors Need Errors & Omissions Insurance? Green Building, Litigation and Risk Restoration Frustration Chinese Drywall Checklist
For Builders
14 Jan 12:02 pm
... failed to adequately address the evaluation factors listed in the solicitation. A recent decision by the GAO in the Matter of Capitol Drywall Supply, Inc. ("CDS"),
decided on January 12, 2009, highlights the difficulty that a contractor faces when the agency and the GAO conclude that a proposal misses the mark. The proposal by CDS was
one of six submitted to the Corps of Engineers, and was the second lowest in price. The problem, however, was that CDS was rated ...
15 Mar 3:11 pm
... serious latent structural defects as a result of substandard work performed by Elite and/or its subcontractors. The defects included cracks in the drywall and exterior brick
walls, defective windows and doors, sagging floors, separation of brick veneer from ... 2007-CA-001481-MR WINE, JUDGE: William Buck entered a conditional guilty plea in the Campbell
Circuit Court to one count of failing to register as a sex offender. Buck was sentenced to three years in prison in accordance with the plea
...
13 Sep, 2008 1:03 pm
... OF EMPLOYEE CLASSIFICATIONS American Home Assur. Co. v. Daffodil General Contracting, Inc. (Sup. Ct., New York Co., decided 9/3/2008) Those of ... only some of its employees
were masonry workers and that others were engaged in painting, drywall installation, and tiling. Key to the court's decision in this case was the fact that American Home had not
actually been able to complete its audit, having reclassified all but one of Daffodil's employees as
masonry workers after having received no response ...
23 Nov, 2008 1:23 pm
... " or "personal and advertising injury". Burlington Insurance Company insured Manlyn Development Corp, which subcontracted drywall and ceiling work on a commercial
construction project to New York Interiors. The subcontract was memorialized in a purchase ... "execute" a contract may also mean "to perform all the necessary formalities, as to make and sign the contract" (Id). Unless the contract is within the statute of frauds, a writing is not one of the formalities necessary to the formation of the ...
11 May 9:35 am
... Underwriters (the very books that CPCU's1 all over the country learn from) make this abundantly clear. In its discussion of exclusion J(5),
one text notes: The reference to "that particular ... respect to these exclusions. In Mid-Continent Casualty Co. v. JHP Development,
Inc., 557 F.3d 207 (2009), a contractor (JHP) partially built a condominium ... months later, water intrusion problems became apparent, causing damage to interior drywall,
stud framing, electrical wiring and wood flooring. JHP's insurer ...
10 Jul 2:23 am
... a contributor to the blogs Construction Law Monitor, LA Green Law, and Chinese Drywall Blog, as well as an owner and general counsel for Express Lien, Inc. and
contributor to its blog at constructionlienblog.com. Good old UCC Article 9. Lawyers, ... without much of a fight from other creditors. A fixture filing can be perfected by simply
filing a financing statement (WA ones here) in the County where the project is located. As scary as it seems to track your UCC filings, in many states, they are ...
16 Jan 10:59 am
... Defense attorneys assert that DUI defendants hold the due process right to have the Intoxilyzer, manufactured by Kentucky-based CMI Inc., analyzed by programmers, biologists
and physicists to determine whether the device provides precise results. The company refused orders from ... especially imports from China, from toys with lead-based paint to deadly pet
food? And now tainted drywall. CMI should not be allowed to hide behind the "trade secrets" defense. An independent testing group, under a vow ...
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