Tuesday, December 1, 2015 The Critical Path, September   VOLUME 1 ISSUE 5  

Since 1970, S.E.A., Ltd. has provided failure analysis and complex construction investigations to clientele worldwide.  Our staff consists of civil, electrical, metallurgical and mechanical engineers, fire investigators, and industrial hygienists.

Topic List
From the Editor
Feature Articles
From the Editor
Welcome to the second 2007 installment of The Critical Path.  Although plans called for the expansion of The Critical Path into a quarterly publication with set publication deadlines, like many construction projects, this one has gotten behind schedule.  Nonetheless, I still expect to have three editions (up from two in 2006) published in 2007.  Your continued enthusiasm and quality submissions are appreciated.  Articles, case notes, and legislative updates for the next edition should be submitted to me at mhaynes@tillerlawgroup.com.
Legislative Update
Tennessee Construction Lien Law Gets Overhaul
by Sean Martin

The Tennessee General Assembly recently overhauled Tennessee Construction Lien Law with respect to liens on real property and real property improvements.  The changes are the manifestation of a 4-year effort by the Tennessee Bar Association to clarify and enhance the administration and enforcement of construction liens in Tennessee.

Some of the significant changes in the new legislation are:

Feature Articles
Tips for Defending Against a Premises Liability Claim in Illinois Construction Cases
by Dennis J. Cotter and Timothy Liam Epstein

The most common cause of action pleaded by injured workers seeking recovery against Illinois contractors is based on the Restatement (Second) § 414 (1965), which may allow injured workers to recover where the defendant contractor controlled the means, method, and manner of the injured employee’s work.  Bokodi v. Foster Wheeler Robbins, Inc., 312 Ill. App. 3d 1051, 728 N.E. 2d 756 (1st Dist. 2000).  However, Illinois has adopted Restatement (Second) of Torts § 343 as a viable theory of recovery for persons injured by an allegedly dangerous condition on land.  Genaust v. Illinois Power Co., 62 Ill. 2d 456, 343 N.E. 2d 465 (1976); Diebert v. Bauer Brothers Construction Co., 141 Ill. 2d 430, 566 N.E. 2d 239 (1990) (holding that a general contractor qualifies as a “possessor” within the meaning of § 343).  This means that, in construction cases where a general contractor is also the owner or possessor of the premises, the general contractor must exercise reasonable care or risk being liable under a premises liability theory.  This article outlines how and when a general contractor becomes liable under a premises liability theory in construction cases in Illinois.

Defamation Claims Against Experts
by Jeffrey T. Kubes and Margaret Fitzsimmons

Experts are often hired to evaluate a construction professional’s work.  When an expert critiques a professional’s work, the expert’s opinion plays a substantial role in shaping and evaluating the professional’s competence.  When an expert’s opinion about a professional’s work is negative, the professional’s reputation may be diminished, or he or she may be exposed to litigation. When this occurs, the professional may sue the expert for defamation.  Whether or not this claim is successful often turns on whether the expert may successfully assert the defense of qualified privilege.
Potential Benefits and Risks of Offshore Outsourcing
by Jeffrey T. Kubes and Margaret Fitzsimmons

Offshore outsourcing of design support services is rapidly becoming a major business model for domestic architects, engineers and other construction professionals.[1]  By utilizing offshore outsourcing and sending non-core work to offshore service providers in South America, India, China, Eastern Europe and elsewhere, construction professionals save a substantial amount of money and time.  This reduction in cost and increase in efficiency allows construction professionals in the United States to remain competitive in an industry that has major financial pressures for timely and efficient project delivery.  Despite these benefits, there also are great risks associated with offshore outsourcing.  Before deciding whether to use offshore outsourcing, it is essential that a construction professional be aware of potential issues that may arise.

What’s the Risk? – Understanding Builder’s Risk Insurance
by David B. Applefeld

If your client is about to begin a construction project, one of the first questions that should be asked is: “What happens if the all or part of the project is damaged prior to completion?”


Builder's risk insurance coverage is insurance purchased to cover the risk of damage to the insured’s work on a project during the construction process.  Builder's risk insurance coverage serves a function similar to standard first-party property insurance, such as homeowners’ insurance policies, and like homeowner’s insurance policies, builder’s risk insurance policies protect the insured property from specifically identified perils.

Annual Meeting

Please join us in one of the world’s most historic, exciting and beautiful cities for DRI’s 2007 Annual Meeting – Framing Our Future in the Nation’s Capital, October 10th – 14th at the Marriott Wardman Park in Washington, D.C.  Many highlights include blockbuster speakers Bob Woodward, Award Winning Author and Reporter and Brit Hume, Managing Editor of FOX News in Washington, D.C.  as well as networking events such as the Welcome Reception – A Taste of the Nation’s Capital, DRI’s Night at the Museum - National Museum of Natural History Reception and the Installation Ceremony and President’s Gala with Jim Morris, Comedian, political satirist and impressionistCLICK HERE to register now or call 312.795.1101 for more Information! 


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The Critical Path, Spring 2007  
May 2, 2007
Vol. 1 Issue 3
The Critical Path, December 2006  
November 29, 2006
Vol. 1 Issue 2
The Critcial Path, June 2006  
June 9, 2006
Vol. 1 Issue 1
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