Construction Law

Construction Site Injury and Protecting yourself

July 14th, 2009 at 08:56am Under Construction Law

Construction site accidents and injuries are often a common part of the workplace because of the dangerous equipment, chaos and deadline-driven environment that surrounds this industry. The following statistics were released from the U.S. Department of Labor Bureau of Labor Statistics on workplace safety and injury statistics:

* One of every five workplace fatalities is a construction worker.

In 2001, there was just over 1,200 fatal injuries in the construction industry, although this number excludes deaths on September 11. Also in 2001, there were 481,400 nonfatal injuries and illnesses in construction. Incidence rates for nonfatal injuries and illnesses were 7.9 per 100 full-time workers in construction, and 5.7 per 100 full-time equivalent workers in all private industry in 2001.

* Because only about 10% of construction companies employ more than 20 workers, the great majority have no formal job safety regulations or programs in place.

The “lost-workday” rate for construction workers in 1992 was five.7 out of every 100 workers (full time). This lost-workday rate was the highest of any major economic sector.

* Nationwide, about 15% of workers’ compensation costs are attributable to injuries in the construction industry.

Nearly all significant injuries in the construction industry result in workers’ compensation rights. Those limited rights, however may be supplemented by legal actions against others who have responsibility for various activities on the jobsite, including construction managers, general contractors, subcontractors, equipment manufacturers, etc. These rights depend upon the application of various complex laws and the individual circumstances of the accident.

For example, in most construction projects, many different contractors are involved. Full damages can be recovered if any contractor other than the direct employer is responsible for the injuries from an accident. Likewise, if a defective tool, machine, or other product causes injury, an injured worker can be fully compensated.

OSHA is a Federal organization that offers workers information on occupational safety and health, and construction workers should know how to contact OSHA if an unsafe work environment exists. If a workplace hazard exists and action is not taken quickly, an employee should contact an OSHA area office or state office via a written complaint. If the OSHA or state office determines that there are reasonable grounds for believing that a violation or danger exists, the office will conduct an inspection.

A workers’ representative has a right to accompany an OSHA compliance officer during the inspection. A union representative, if one is available, chooses the representative otherwise employees will choose the representative. Under no circumstances may the employer choose the workers’ representative. A detailed inspection by an inspector can occur of either the entire work area or of a limited area of a workplace operation. At the end of the inspection, the OSHA inspector will meet with the employer and the employee representatives to discuss the abatement of any hazards that may have been found. These need to be corrected or serious penalties and legal liabilities may arise.

LegalView is the number one source for everything legal on the Internet. Offering readers information on not only construction accident lawsuits but also on brain injury accidents and auto accident law firms, LegalView is the best legal resource on the Web. For more information on construction accident attorneys visit http://construction.legalview.com/. Or to find information on other legal resources visit www.LegalView.com

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The Need for a Construction Liability Attorney

July 14th, 2009 at 02:56am Under Construction Law

In the world of architecture, construction is a process that consists of the building or assembling of infrastructure. Far from being a simple activity, large-scale construction is a feat of multi-tasking.

Construction site accidents are considered as the most dangerous land based work in almost all jurisdictions. The fatal accident rate goes much higher as the years went.

Accidents in infrastructure sites are normal phenomena in the construction industry.

In the fabric of construction business, claims for personal injury arising from construction site accidents are a usual thing. Construction businesses are flooded with numerous complaints from the family of the victims, also complaints for those who were injured. These as well include complaints from the community or various civic organizations advocating occupational safety of workers.

Our occupational safety laws are not devoid of principles and precepts addressing the problems of construction site accidents. Despite of the effective the implementation of the occupational safety standards, accidents in infrastructure sites do happen.

No matter how cautious a worker or his employer may be, or irrespective of the presence of any negligence on their part, accidents in construction sites still occur.

Apparently, considering the factual phenomenon, it would be wise if a normal worker know some basic information relevant to the line of job he engaged into. It is basic that a worker should know his rights whenever things of these nature-accidents happen.

Construction site come in different forms. Usually, they occur as a result of the following:

• Explosion

• Equipment malfunctions

• Electrocution

• Slip and falls

• Negligence

• Poor safety standards

Any one of the aforementioned can be a ground for suing the culprit.

Whenever accidents occur, there is always a liability attached to it. Determining the person responsible is basic. This endeavor can be addressed by filing a lawsuit in the court. In the latter situation, the assistance of a construction liability attorney is required.

A suit caused by accident – including construction site accident involves a claim for injury and compensation. There are plenty of things to consider in this regard.

One of the things to consider is the right to claim for compensation or damages arising personal injury in construction sites. Whenever death ensued, the right of the family of the victim to claim remunerations is also primordial.

Actually, there are a lot of factors to consider in terms of claims for injury. One cannot fully grasp the whole spectrum of this wide area of the law without consulting a well-versed legal professional for that matter.

To have a better appreciation of the complicated scenario, an expert construction liability attorney should be consulted. A specialist attorney who has expertise in this area of law is best to consider in solving your predicament.

Construction liability attorneys are experts in this field. They have all the essential knowledge, well-honed skills in litigation and the capacity to help you recover the compensation or claims that you truly deserve.

Considering their qualification, you can be assured that the best quality of legal services is at hand. They will get your case to work and will give you all the injury claims that are due to you.

For more information on how to manage your construction liability claim, log on to our Los Angeles lawyers’ website and fill out our free case evaluation form.

Before becoming an online writer, Claysphere worked as a legal researcher, data analyst, and lyricist in a local band in his hometown. He has a degree in law, and worked for several law offices as a paralegal, office staff and as a researcher. He has continued to write topics relating to his learning in law.

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Brooklyn Construction Accident Lawyer is Your Guide to Justice

July 13th, 2009 at 08:56pm Under Construction Law

Construction accidents can and do happen every day across the country. If you’re injured as a bystander, the general law of personal injury applies, and the person or persons who are at fault may be held responsible in a lawsuit for the damages caused. If you’re working as a construction worker in the Brooklyn area when the accident occurs, the law of employee injuries applies between you and your employer. New York State’s workers compensation laws may cover you. In that case, workers’ compensation will pay your medical bills, lost wages and other expenses in exchange for you agreeing not to sue your employer. At this stage it is important to seek a qualified Brooklyn construction accident lawyer to help you with your claim.

However, you may have been injured by another employer at the same work site, or by another participant in the construction process such as an architect or engineer. In such cases, you may be able to sue the other parties responsible for the injuries, without being limited by the workers compensation statute. Whether a particular participant in the construction process may be liable for harm done to you depends on the legal duty that person owed to you. Usually, those duties are determined by the contracts among the various parties. For example, an architect is usually not responsible for workplace safety, so the employee of a subcontractor cannot hold the architect responsible for injuries resulting from an unsafe job site. However, if the architect has agreed to be responsible for workplace safety, the architect may be liable.

Even if a construction project participant is not liable to workers, either because they aren’t employees or because there is no contractual duty to them, he may still be liable if he knows of an actual dangerous condition and fails to give proper warning of the danger. Special rules usually apply as well to especially dangerous activities involved in a construction project, such as working with explosives or dangerous volatile substances. Whether a particular participant in the construction process, such as the architect, may be liable for the injury you suffered depends on the legal duty that person owed you. Employers are liable for injuries suffered by Brooklyn construction workers working on the employer’s construction site. Bystanders injured in Brooklyn construction accidents may recover from the person or persons who are at fault with the help from a Brooklyn construction accident lawyer.

If you’ve been hurt in a Brooklyn construction accident, it’s a good idea to see a Brooklyn construction accident lawyer right away. A Brooklyn construction accident lawyer is a legal specialist that is trained in all areas of construction site accidents and injuries.

Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as construction accidents,medical malpractice.To know more about the services of <a href="http://www.nbrconstructionlawyer.com” rel=”nofollow”>Brooklyn construction accident lawyer , personal injury lawyer and New York construction accident lawyer visit http://www.nbrconstructionlawyer.com

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Manhattan Construction Accident Lawyers are There to Help You

July 13th, 2009 at 02:56pm Under Construction Law

Manhattan is a metropolis that enlists the finest architects, contractors, and workers. Sky risers, apartment buildings, corporations, and museums alike are popping up on a daily basis in Manhattan. You can walk two blocks without seeing some type of yellow tape uttering the words caution to let you know that the city is still growing. Despite the recent recession, construction for business parks is still thriving. However the rest of the population is trying to curtail their spending. Frankly, they are doing this at any expense. This is ultimately where we hit a fork in the road, a spit in our pants, and a hollow sound in our pockets. Construction workers must deal with some of the most dangerous working conditions faced by employees in any industry, and serious work-related injuries at construction sites occur with unfortunate frequency.

These so called “spenders” are still spending money, however they are also downgrading. They are downgrading on training, equipment, safety, and other measures to ensue an efficient work place. Efficiency is the word of the day, it is what is causing for all of these construction accidents that have been happening in Manhattan, and it is what is causing many devastating “accidents”. The NYC crane happenings have caused much a stir in the construction industry and many have taken notice. Manhattan construction accident lawyers are being flooded with testimonials of workers being harmed at the worksite on account of having poor training, shoddy equipment, and poor safety standards. According to the US Department of Labor Bureau of Labor Statistics, the construction industry accounts for the highest number of worker fatalities of any industry. Hazards posed by construction sites include exposure to noise, dust and other chemicals, working from high elevations and in confined spaces, working with power tools and other mechanical equipment, exposure to electricity, and performing excavations. More information on the specific types of injuries suffered by constructions workers is provided below.

If you have recently been involved in a construction accident at the fault of someone else, you might be entitled to monetary funds from worker’s compensation laws. The receiving of funds is contingent on your employee contract and the liability of your employer. You might also want to know that other people besides you employer such as architects, safety inspectors, or training guides many be held liable if they are proven to be negligent in providing the services that they administered. If you have suffered from being in a construction accident and want to come to justice from all of the pain and suffering you have undergone, contact a Manhattan construction accident lawyer to help you with your case.

If you have been a victim of a construction accident, you can be rest assured that the experienced team of Manhattan construction accident lawyers needed to investigate and help determine the party or parties responsible for your construction site injury. If you’re a worker involved in an accident you are entitled to workers compensation. A worker can also file a law suit against other parties that may have been at fault for the accident. If you’re an innocent bystander that was caused injury in a construction accident you would hold the general contractor liable under the general law of personal injury. There are many claims that are involved in construction accidents, in which you need a professional Manhattan construction accident lawyer to help you through the process.

Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as construction accidents,medical malpractice.To know more about the services of <a href="http://www.nbrconstructionlawyer.com” rel=”nofollow”>Manhattan construction accident Lawyer , personal injury lawyer and New York construction accident lawyer visit http://www.nbrconstructionlawyer.com

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Labor Law Posters, It’s the Law!

July 13th, 2009 at 08:56am Under Construction Law

State and Federal Labor Law Posters are Required for Small Businesses and Other Employers.

Statutes and regulations enforced by agencies within the US Department of Labor require that labor law posters and/or work place notices be posted in the work place.

Job safety and health protection labor law poster; Occupational Safety and Health Administration oversee this labor law poster. Private employers engaged in a business affecting commerce must display this labor law poster.

Equal employment opportunity labor law poster; Employment Standards Administration and Office of Federal Contract Compliance Programs oversee this labor law poster.  Involves Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; 38 U.S.C. 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, Entities holding federal contracts or subcontracts or federally assisted construction contracts of $10,000 or more; financial institutions which are issuing and paying agents for U.S. savings bonds and savings notes; depositories of federal funds or entities having government bills of lading must display this labor law poster.

Fair Labor Standards Act (FLSA) labor law poster; Minimum wage poster, Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every private, federal, state and local government employer employing any employee subject to the Fair Labor Standards Act, 29 USC 211, 29 CFR 516.4 posting of notices must display this labor law poster.

Employee Right for Workers with Disabilities/Special Minimum Wage Labor Law Poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every employer having workers employed under special minimum wage certificates authorized by section 14(c) of the Fair Labor Standards Act must display this labor law poster.

Your rights under the family and medical leave act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers must display this poster.

Uniformed Services Employment and Reemployment Rights Act (Notice for use by all employers) labor law poster; Veterans’ Employment and Training Service labor law poster. The full text of this labor law poster must be provided by each employer to persons entitled to rights and benefits under USERRA.

Notice to all employees working on Federal or Federally financed construction projects (Davis-Bacon Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any contractor/subcontractor engaged in contracts in excess of $2,000 for the actual construction, alteration/repair of a public building or public work or building or work financed in whole or in part from federal funds, federal guarantee, or federal pledge which is subject to the labor standards provisions of any of the acts listed in 29 CFR 5.1 must display this labor law poster.

Notice to employees working on government contracts (Service Contracts Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every contractor or subcontractor engaged in a contract with the United States or the District of Columbia in excess of $2,500 the principal purpose of which is to furnish services in the U.S. through the use of service employees must display this labor law poster.

Notice: employee polygraph protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any employer engaged in or affecting commerce or in the production of goods for commerce must display this labor law poster. Does not apply to federal, state and local governments, or to circumstances covered by the national defense and security exemption.

Notice migrant and seasonal agricultural worker protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Agricultural employers, agricultural associations and farm labor contractors must display this labor law posters.

Visit Osha4Less.com for more information on all types of state and federal labor law posters. If you are a California employer you can review the California Labor Law Poster as well.

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Brooklyn Construction Accident Lawyers Looking to Justify the Law

July 13th, 2009 at 02:57am Under Construction Law

The Brooklyn construction industry is definitely taking a hit with the economy shaping up the way it currently is. Construction businesses have been hit with increased insurance premiums, property taxes, and liability issues. The construction industry as a whole has been hit, and hit hard. What they are trying to do is bring it up with the state and hope for the best. What was explained to them by Assemblyman Cliff Crouch and the Republican Steering Committee, is that the “the sheer cost of living and doing business is driving many people out of New York State, especially with antiquated laws the Scaffolding law”. What this means is that not only are these costs increasing, but also people are not able to afford these costs so they are leaving the area. Driving out business is something that would not be beneficial to New York, so therefore something else must be arranged. Brooklyn Construction accident lawyers are working around the clock to produce fair and justified claims for their clients.

The assemblymen in charge of scoping out this situation plan to do everything in their power to help the industry keep on their feet. Assemblyman Crouch says “One of the issues is the scaffolding law, which basically is very devastating, it increases their cost of insurance and in some cases makes insurance unavailable to them, what most people don’t know is it can add maybe 10,000 to the cost of their home just because of the one specific law”. This law and others are going to be brought up in a debate later this year to see if any adjustment can be made. Brooklyn Construction accident lawyer are working with the government to make sure that all are being protected under these supposed rules and regulations.

The housing market in the United States has made the biggest decline in price in over 20 years. Thus, people are either in two situations 1. The value of their home has declined significantly and they no longer have any equity in their home 2. People who are renting and looking to buy can find a great discounted deal. Whatever situation people may be in, there is no demand for building new houses. The Brooklyn construction industry is at a stand still and must now rest on their laurels to make sure that every project they do is 100% reputable and honest. There have been circumstances where construction companies have not supplied their employees with sufficient equipment, training, or wages. In instances like these people are bound to get hurt, whether it is an employee or innocent bystander. The Brooklyn construction industry is faced with hard times, however it is not a time to skimp on things that matter. Therefore Brooklyn construction accident lawyers are doing all they can to provide support and justice for those who were wronged in situations like these.

If you are a loved one has been hurt in a construction accident, contact Brooklyn construction accident lawyers for you will be assured that they will discuss with you all the options that you have. Brooklyn construction accident lawyers have the experience and knowledge to deal with large insurance companies that might intimidate others. If you are an employee that got hurt at the work site, you may be entitled to workers compensation. Also, if another worker on the construction site wronged you, you may be able to file a lawsuit against other parties that may have caused your accident.

Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as construction accidents,medical malpractice.To know more about the services of <a href="http://www.nbrconstructionlawyer.com” rel=”nofollow”>Brooklyn construction accident lawyer , personal injury lawyer and New York construction accident lawyer visit http://www.nbrconstructionlawyer.com

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Construction Liability Under the Law Precepts

July 12th, 2009 at 08:56pm Under Construction Law

With continuous increase in number of construction works such as establishment of buildings and widening of roadways, it is not strange that the occurrence of accident causing injuries also increase. Precisely, no one wishes to be involved in such scenarios but still, the Construction Liability laws provided legal remedies to recompense the victims and their families.

Construction accident victims may be labeled in two. If you are just a bystander or someone who are just walking near the construction area and suddenly debris from the building fell on you, then the parties at fault maybe charged under the provisions of the Personal Injury Law.

On the other hand, if you are an employee in a construction site, and you happen to be injured in an accident that occurred while you performing your task, then you may seek remunerations under the Worker’s Compensation Law.

In this case, such law will entitle you of financial assistance in paying for your medical treatment, lost wages and other related expenses. Yet, you must agree not to file further legal action against your employer.

However, worker’s compensation does not cover injuries brought about by other parties even though it happens in the same site. With this, you are allowed to sue these parties without being hindered by the provisions of worker’s compensation.

Another common cause of injuries in the construction site involves the utilization of defective equipment and product. In these cases, the Product Liability Law may apply and give you the right to sue the manufacturer of the said faulty equipment that caused your injury.

The aforementioned laws related to construction works put great emphasis on workplace safety. All construction owners, contractors, engineers and architects, suppliers and even other workers therefore must comply with the safety standards and strict discipline to avoid accidents and legal impediments.

Most of all, for the injured victims, proving liability on a construction accident can be complicated to establish. Consulting a lawyer is definitely necessary to assure that your rights are properly observed.

Construction liability lawyers understand the laws and procedures in seeking suitable damages against the responsible parties. With their expertise in handling such claims, your chances of obtaining justice can be realized.

Here is what your construction liability lawyer may perform to set up a strong case for you:

 

Along with the medical bills, lost wages and other expenses caused by your injuries, the liable party may also be obliged to compensate you regarding your:

 

Otherwise, if you died from construction accident, your survivors will be entitled of the same compensatory damages plus these added reimbursements:

 

This also explains why it is vital to hire the assistance of a construction liability attorney in pursuing a claim. Losing your case will give you further burden aside from your injury sustained.

To help you with issues such as construction liability, you can consult with our experienced personal injury lawyers by logging on to our website and avail of our free case evaluation.

 

Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.

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The Napoli Bern Law Firm Specializing In Construction Accident Cases

July 12th, 2009 at 02:55pm Under Construction Law

There are many different people that are injured when there is a construction accident. Napoli Bern law firm can help any of the people involved. Often, workers are the ones who are injured while working on a construction site. Sometimes though the employer is the one who is injured. Really though, anyone can be injured in a construction accident and Napoli Bern law firm is there to help.If you were working and are injured in a construction accident then you should be compensated. You should turn to the Napoli Bern law firm to help you through your legal matters. Construction accidents happen all the time to construction workers. Sometimes accidents happen due to unsafe work practices. People may be leaving tools out and not keeping the maintenance up on them. There could be tripping hazards or a machine may turn on or off at unexpected times. Any of these things can cause terrible accidents that can change a person’s life. Many times when a construction worker is injured, he or she cannot work afterwards. That is when he or she should look for a something like the Napoli Bern law firm to help them in their plight.Employers can also benefit from the Napoli Bern law firm. It is unfortunate but workers are not always the most honest people. A person may set up an accident or try and fake an injury in order to sue their boss. This is why an employer should always contact a lawyer when there is an impending lawsuit. An employer may be reluctant to do so and decide to just use their insurance. It is important for employers to have construction accident insurance just in case, but it needs to be a back up plan. If they use up all of their insurance then the construction will stop. The Napoli Bern law firm is very experienced and can help an employer to make the best decisions when facing a lawsuit.The Napoli Bern law firm is not just helping construction workers; they are helping the public in general. They are helping to protect the workers rights and helping to make sure that they are safe. Workers that are not injured and are going to work are helping the economy. An employer on a construction site that continues to have a license makes more buildings and continues to be in work. Lawyers are a vital part of the economy and make sure to protect the safety of the citizens. They make sure that a construction site does not pose a threat to the general public. Using faulty materials in a building would result in it crashing down. A man might double think doing that if they knew there would be severe consequences to their actions.

Paul Justice gives advice to clients who are looking for attorneys to handle stockloss related cases such as stock fraud, investment fraud, stock loss. To get services of expert lawyers from <a href="http://www.stockloss.us.com” rel=”nofollow”>Napoli Bern law firm visit www.stockloss.us.com

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Blasting the Bridge Keepers: a Construction Expert Denounces the Ntsb’s Report on the I-35w Bridge Collapse

July 12th, 2009 at 08:56am Under Construction Law

 Blasting the Bridge Keepers: A Construction Expert Denounces the NTSB’s Report on the I-35W Bridge Collapse—and the “Public Servants” Who Keep Dropping the Ball

An NTSB report over a year in the making cites faulty gusset plates as the cause of the 2007 Minnesota bridge collapse. But the report contains a glaring sin of omission: It ignores key problems inherent in our nation’s infrastructure oversight system that continue to put the public in danger every day.

By Barry LePatner

 It’s been more than a year since the collapse of the I-35W bridge in Minneapolis. And now, the final report put forward by the National Transportation Safety Board has concluded from its investigation: (1) the steel gusset plates originally designed in the mid-1960s to reinforce the bridge’s joints were half an inch too thin; (2) the probable causes for the collapse were additional modifications to the original design, which added substantial weight to the bridge, and the weight added by construction materials placed on the bridge by a contractor just prior to the collapse. That’s it. And if you’re thinking Surely, there was more to the collapse than that, you are right. And by ignoring the other (extremely critical) factors, the NTSB is perpetuating a problem that puts millions of Americans in danger every day.

The NTSB is severely neglecting its duty to protect Americans. By placing the sole blame for the bridge collapse on the gusset plates and the added weight factor, the Board has ignored the inefficiency and irresponsibility among the government agencies responsible for the bridge, which also contributed to the disaster.

At the heart of many of these problems is the Minnesota Department of Transportation, which (and here’s a scary thought!) has long been considered one of the better state transportation departments in the country. Basically, MnDOT failed to protect the public from a preventable disaster that was long in the making. And the problems faced by MnDOT are far from isolated. DOTs everywhere are struggling to keep the highways and byways that connect this nation in working order.

We must put these struggles in perspective: There are 12,000 bridges in our country whose designs are similar to the I-35W Bridge. Furthermore, according to statistics from a 2007 U.S. Department of Transportation/Research and Innovative Technology Administration report, there are over 72,000 bridges that are labeled “structurally deficient” and over 81,000 bridges identified as “functionally obsolete.” Every one of these bridges needs detailed inspections to ensure their safety.

One important factor contributing to the poor state of America’s infrastructure is the seeming irresponsibility and inefficiency exhibited by those who have been elected or appointed to government positions that supposedly exist to ensure the safety of the public. To illustrate, here are several red flags that I have identified that should have warned MnDOT and other officials that the I-35W bridge was in trouble, but instead were ignored, misunderstood, or simply not acted upon in time:

*The I-35W bridge was first rated as “structurally deficient” in 1990. Despite annual reports describing a continuing section loss and build up of corrosion at key places, as well as the attention of a number of consultants who recommended substantial remedial action be taken, at no time between 1990 and its collapse in 2007 was the I-35W bridge’s condition ever raised above its “poor” rating.

*Photographs exist of gusset plates “bowing and arcing” as early as 2003, but the photos, taken by MnDOT consultants, were apparently dropped into a file folder and forgotten. MnDOT inspecting engineers did not deem these red flags to be serious enough to command attention.

*In 1996 a bridge on I-90 outside of Cleveland with a structure similar to the I-35W bridge collapsed as a result of improper gusset plate design. But although a) Federal officials investigated this serious failure, b) an official report from outside engineers was filed indicating that the gusset plates did indeed contribute to the bridge’s collapse, and c) Civil Engineering magazine published an article in 1997 detailing the Ohio bridge collapse, officials at MnDOT denied ever having heard of the Ohio bridge failure and said they were unaware of any prior problems with gusset plate design.

*Discussions concerning the need to add redundancy to the I-35W bridge had been underway years earlier—but action was never taken. And, in fact, MnDOT instead scheduled redecking work that overloaded sections of the bridge, and, according to the NTSB, contributed to the eventual failure of the gusset plates. 

Of course, none of this is meant to imply that Minnesota is the only state experiencing serious problems with its infrastructure. The Colorado Department of Transportation has acknowledged that the cost to replace or rehabilitate 125 state bridges rated in poor condition in the state is $1.4 billion. Yet, bridge repair funding, a critical element in reducing the number of bridges that are considered structurally deficient, has been reduced from $32 million in 2007 to $18 million for 2009.

Or consider a story out of Georgia in which reports identifying several bridges as hazardous were thrown away. Why? Because the official in charge said handling the problem would have required too much paperwork and involved too many people. Stories like this one are clear indications that Minnesota isn’t the only state that has had its political head in the sand regarding its infrastructure problems.

Clearly, solving our infrastructure crisis will require more than a few patches here and there. In 2005 the American Society of Civil Engineers (ASCE) estimated that the cost of making the upgrades, repairs, and expansions needed on the U.S. bridge system will be $9.4 billion/year for twenty years. The report also said the U.S. road system required $92 billion/year for maintenance and $125.6 billion/year for improvements—an updated report from the ASCE next year will likely reflect an even larger cost for these repairs.

And even if our cash-strapped government could come up with the money and ensure that it’s properly applied, there’s little indication that builders could get it done at that price. The construction industry itself has been rife with problems for quite some time now, wasting an estimated $120 billion each year. Those problems have easily flooded over into public projects, the prime example being the Big Dig and its billions of dollars in cost overruns.

We must begin taking steps, right now, to shore up America’s infrastructure. Not to do so is to invite more death and destruction. Every engineer in the field of bridge design can testify that the corrosive effects of inadequate maintenance of our bridges and tunnels will only get worse—they are not self-healing. And while the problem is far too massive and widespread to repair overnight, we can take steps now to start chipping away at it.

We must do everything in our power to end the downward spiral of our nation’s infrastructure. As the incoming Obama Administration prepares to tackle America’s ailing economy, it should make repairing the nation’s infrastructure an important part of those plans. Doing so will not only help prevent future catastrophes; it will actually contribute to our nation’s prosperity.

Every $1 billion in infrastructure spending is estimated to create 47,000 new jobs, a critical factor at a time when our unemployment rate is at a 14-year high. By taking the steps necessary to tackle our infrastructure problem now, we have an opportunity to improve our economy with the great ROI of a better, safer infrastructure system that will lead to a stronger nation.

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About the Author:

Barry B. LePatner is the founder of the New York City-based law firm LePatner & Associates LLP. For three decades, he has been prominent as an advisor on business and legal issues affecting the real estate, design, and construction industries. He is head of the law firm that has grown to become widely recognized as one of the nation’s leading advisors to corporate and institutional clients, real estate owners, and design professionals.

Mr. LePatner is widely recognized as a thought leader in the construction industry. His new book, Broken Buildings, Busted Budgets: How to Fix America’s Trillion-Dollar Construction Industry (The University of Chicago Press), which was reviewed in the Wall Street Journal, has created a national debate among owners, designers, and other key stakeholders. Mr. LePatner has been featured in BusinessWeek, the Boston Globe, the New York Times, Crain’s New York Business, the Chicago Tribune, and other prestigious publications. His articles and speeches on the perilous state of our nation’s infrastructure have garnered him widespread attention. He has appeared on many television and radio broadcasts, including a CNBC appearance and several National Public Radio segments. A November 2007 Governing Magazine article stated, “If there’s a guru of construction industry reform, it’s LePatner.”

A nationally recognized speaker, Mr. LePatner has addressed audiences on topics central to trends affecting the real estate and construction industries at recent events sponsored by: The International Economic Forum of the Americas, the Real Estate Board of New York; FIATECH, the National Realty Club, the Construction Owners Association of America, the Construction Management Association of America, the Construction Financial Management Association, and MC Consultants Inc.’s Construction Defect and Construction Law Conference. He also routinely presents CLE-accredited courses to other law firms and organizations on how the construction industry actually works and how they can best protect their clients from the vagaries of the construction process.

LePatner co-sponsored “Real Estate Outlook,” an annual executive seminar series for corporate and real estate leaders; “Protection, Survival, Readiness: Project Strategy in the Post-9/11 World,” a seminar presented to institutional, developer, and corporate real estate executives; and “Secure Space,” a building security seminar for corporate owners and developers. He has also presented “Construction Cost Integrity: Equitable Risk Allocation Agreements” and “Protecting the Owner from Pitfalls in Today’s Construction Projects,” a series of Continuing Legal Education lectures to law firms and their in-house real estate departments; and the highly successful “Marketing for Design Professionals” course at the Harvard Graduate School of Design’s Summer Program, from 1990-2004 with A. Eugene Kohn, founder of KPF Associates.

Mr. LePatner has written extensively and is widely quoted in the media on the subject of construction law. He previously co-authored the legal sections of the Interior Design Handbook, McGraw-Hill 2001, and Structural & Foundation Failures: A Casebook for Architects, Engineers & Lawyers, McGraw-Hill 1982, with Sidney Johnson, P.E.

Recently published articles include: “Sarbanes-Oxley’s Wake-Up Call to the Construction Industry,” The CPA Journal, December 2007, co-authored with Henry Korn, Esq., and Anthony Chan, CPA; “Today’s Construction Contracts: Drafter Beware,” Legal Times, September 2007; “The Industry That Time Forgot,” Boston Globe, August 2007; “Construction Cost Increases: Owners Should Know the Difference Between the Myths and Realities,” New York Real Estate Journal, October 2006; and “Are You Prepared—Disaster Management Plans Help Owners Protect Their Investments” in the March/April 2006 issue of Commercial Investment Real Estate magazine. Articles published in the New York Law Journal include: “Caveat Advocatus—Drafting Construction Agreements for Your Client’s New Construction Project Ain’t What It Used to Be,” March 27, 2006; “Insuring a Construction Project Against Water and Mold,” October 25, 2004; “Building Security Measures and Owner Liability After Sept. 11,” May 1, 2003, co-authored with Henry Korn, Esq.

In May 2002, LePatner was elected by the American Institute of Architects to receive an Honorary AIA Membership, one of the highest honors the organization can bestow upon an individual who is not an architect and which is granted to those who have devoted their careers in service to the architectural profession.

In July 2001, LePatner was elected to the Board of Trustees of DIFFA, the Design Industries Foundation Fighting AIDS. He has also served on numerous advisory committees, including: the Advisory Board, Society for Marketing Professional Services, 1990-93; the board of the New York Building Congress; Board of Advisors, Legal Briefs for the Construction Industry, 1981-89; American Institute of Architects Advisory Committee, 1984; and the National Academy of Sciences, 1984-85. He is a member of the Association of the Bar of the City of New York, the New York State Bar Association, and the American Bar Association.

About the Book:

Broken Buildings, Busted Budgets: How to Fix America’s Trillion-Dollar Construction Industry (The University of Chicago Press, October 2007, ISBN-13: 978-0-226-47267-6, ISBN-10: 0-226-47267-1, $25.00) is available at bookstores nationwide, from major online booksellers, and direct from the publisher at www.press.uchicago.edu.

For more information, please visit www.brokenbuildings.com.

Barry B. LePatner is the founder of the New York City-based law firm LePatner & Associates LLP. For three decades, he has been prominent as an advisor on business and legal issues affecting the real estate, design, and construction industries. He is head of the law firm that has grown to become widely recognized as one of the nation’s leading advisors to corporate and institutional clients, real estate owners, and design professionals.
Mr. LePatner is widely recognized as a thought leader in the construction industry. His new book, Broken Buildings, Busted Budgets: How to Fix America’s Trillion-Dollar Construction Industry (The University of Chicago Press), which was reviewed in the Wall Street Journal, has created a national debate among owners, designers, and other key stakeholders. Mr. LePatner has been featured in BusinessWeek, the Boston Globe, the New York Times, Crain’s New York Business, the Chicago Tribune, and other prestigious publications. His articles and speeches on the perilous state of our nation’s infrastructure have garnered him widespread attention. He has appeared on many television and radio broadcasts, including a CNBC appearance and several National Public Radio segments. A November 2007 Governing Magazine article stated, “If there’s a guru of construction industry reform, it’s LePatner.”

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Prepare To Become a Professional at a Construction Management College

July 12th, 2009 at 02:56am Under Construction Law

Construction projects are often complicated and are known to go over budget and time. Hence, it is necessary to assign the job of construction management to a professional who would ensure the resources have been coordinated to bring about an effectual project. Construction managment can be implemented for a wide variety of building projects. Bridges, houses, factories, hospitals and are just a few examples. Irrespective of the kind of project, construction managers have to exhibit a blend of high-level engineering and building expertise, with a perceptive business sense.
Construction Management College in United States
Every college for construction management in United States offers courses that are crucial to the field of construction (calculus, analytical geometry, blueprint reading, drafting, information technology, construction laws, building codes, labor laws, structural technology, etc.).
Moreover, it is necessary to have management skills in the construction management trade. Many management colleges give their students hands-on experience to help them in learning how to handle all the factors of construction that emerge simultaneously.
Construction management colleges offer education in varied fields of the construction industry. A number of management courses offered by these colleges also provide training in the inspection, management, and carpentry field of construction, hence, preparing the student to turn into a property keeper, competent building supervisor, or property administrator.
Individuals with a certification or degree in construction management are bound to have broader choice of career and much better opportunities for employment. Experience along with education is essential for succeeding in this field. The development within the construction industry hinges on the size of company and the individual’s accomplishments. Very often highly experienced construction managers turn into independent consultants, whereas others act as expert arbitrators. Some individuals even go on to establishing their own management companies that specialize in contracting, act as general contracting organizations, or construction management services.
Career Overview
Once you have graduated from a construction management college, you would be initially appointed as an assistant. Thereafter, you would advance by obtaining experience. You can heighten the chances of improving your career outlook by securing a master’s degree.
Individuals with degrees in construction management are in for some good employment prospects, as there is a dearth of qualified candidates for the available jobs. Nonetheless, experience and education is essential to succeed in this field. As the present construction projects have started becoming more complex, technology used for construction has advanced, environmental and legal issues have come to the forefront. Keeping this in view, it is evident that the construction industry would increasingly employ graduates to fill up the responsible positions.
The construction industry is flourishing and is in need of efficient managers. It is reported to contribute to almost 5% of our economy. In the coming years, the job outlook for construction managers has been projected to be excellent. Graduates in construction management can work for contracting or construction companies, real estate developers, financial institutions, management firms, or appraisers. Graduates with a bachelor’s degree in construction management and just starting out, make approximately $40,000 every year. Architectural and engineering firms, suppliers of materials, and even the government agencies employ them. Construction managers can even choose to work in an office on the job site or at a permanent office.

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