Kent Pagel, a Senior Shareholder for Pagel, Davis & Hill, a Professional Corporation, is the author of the Legal Edge series. Kent and his firm have served as national counsel for SBCA since 1994.
This article appeared in the 2011 June/July issue and was authored by Kent J. Pagel.
So much has changed in just a few short years for component manufacturers supplying single and multi-family residential construction projects. It’s no surprise that the legal landscape we face while operating our businesses in this volatile market has changed as well. As you refocus to take advantage of opportunities as the housing market recovers, I encourage you to consider these legal trends.
This article appeared in the 2010 June/July issue and was authored by Kent Pagel.
- Use a checklist to make sure you don’t skip an important step in your risk management procedures.
- Don’t reinvent the wheel—use the SCORE program, BCMC and ORisk as tools to develop best practices around.
- Effectively use attorneys, and be very careful when agreeing to allow an insurance company to defend you.
This article appeared in the 2009 June/July issue and was authored by Kent Pagel.
- Builders and condominium developers have seen an increase in construction defect lawsuit filings asserted by homeowners whose homes are valued far below their mortgage balances.
- The increased numbers of construction defect lawsuits will inevitably involve lower tier suppliers, including component manufacturers.
- Being able to document that a Jobsite Package was received by the customer and the truss erector is a risk management measure that can protect component manufacturers from products and completed operations risks.
This article appeared in the 2008 June/July issue and was authored by Kent Pagel.
- Being aware of the big, bad seven is a step toward establishing a fairly-worded contract instead of a one-sided contract.
- “Pay-if-paid” or conditional payment provisions mean if the Builder is not paid by a project owner, the CM is not entitled to be paid.
- You are likely to see many lengthy insurance requirement provisions in most Builder contract forms.
This article appeared in the 2008 Jan/feb issue and was authored by Kent Pagel.
- A CGL policy typically provides limited protection for certain activities as long as losses result in bodily injury and/or property damage.
- The type and limits of insurance will depend on the extent of component design activities in which your company engages.
- Check your CGL policy for a professional services endorsement; if it exists take action to delete it.
This article appeared in the 2007 Sept/Oct issue and was authored by Kent Pagel.
- There is no single statute of limitations for the many categories of records component manufacturers hang on to.
- The federal requirements vary tremendously, do not apply to all types of records, and may even contradict themselves from agency to agency.
- It is possible to strike a balance between saving too much and keeping too little.
This article appeared in the 2006 Sept/Oct issue and was authored by Kent J. Pagel & Libby Maurer.
- Pre-start checklists can be likened to regular maintenance on your car at a "quick lube place"—fast and necessary.
- Having all of the safety hazards in order while managing your maintenance scheduling means that pre-start checklists will actually save you time in the long-run, and they may even save one of your employees from a possible injury, too!
This article appeared in the 2005 Sept/Oct issue and was authored by Kent Pagel.
- Online Risk and Liability Management Best Practices for the Structural Compon-ent Manufacturing Industry, or ORisk, is currently in development and scheduled to be release within the next month.
- Phase 1 of ORisk contains the foundation content necessary to understand more advanced risk management.
- Any employee who works closely with risk management, claims handling, in-surance, safety and customer contracts should consider viewing Phase 1.
This article appeared in the 2005 June/July issue and was authored by Kent Pagel.
- The benefit of belonging to an association is that it is the one place where a group of competitors can work to positively protect and advance the industry in which they are involved.
- The detriment of belonging to an association occurs when anti-free-market activities begin to take place.
- Knowing where competitors can collaborate and where not to tread is extremely important.
This article appeared in the 2005 Jan/Feb issue and was authored by Kent Pagel.
- WTCA Legal Counsel Kent Pagel has presented many of the risk management and liability avoidance programs, which will soon be available online in an up-dated and modified format.
- At BCMC 2004, one question in the Manufacturers’ Roundtable was the im-portance of handling truss collapses proactively and the need to establish guidelines on how to properly conduct truss collapse investigations.