According to homeowner's insurance expert witnesses, “earth movement” is not typically covered by homeowner’s insurance and requires a rare extra policy. The Hendricksons claim in their suit that a Farmers Insurance agent told them when they bought a “Protector Plus Homeowners Package” that it would cover all eventualities, including earth movement.
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It was a much-needed victory for Nutter in his effort to close a five-year, $1 billion budget gap that he has warned is likely to grow. Nutter estimates that the fire closures would save $10.4 million annually... The firefighters requested an injunction earlier this month, arguing that Nutter was required to bargain with the union when it came to issues of firefighter safety.

It's all about mental attitude... When hiring, promoting, training and yes, even disciplining, watch the candidate or employee's attitude. Some, as we all know, are timid about showing they care; with encouragement, however, they blossom. Others are natural leaders and will pick up every job you throw their way, do it, then ask for the next assignment. Others seem wooden, disinterested, unfocused; this group, needless to say, may not be your best new hires. You're reaching them too late...

All great performers possess an attitude "alarm clock". They know when it's time to add effort and when to let others take the lead... Can we teach employees to possess an attitude "alarm clock?" The subject of much debate, this is. What is very clear, however, is that great attitudes are catchy, and where one resides, others will follow.

In today’s litigious society, much more is required to prove guilt or negligence when fires occur. A fire expert must be able to make a determination as to why a fire (or explosion) has occurred and report their findings and recommendations using the aforementioned “Scientific” methodology. This includes, recognizing the problem, defining the problem, collecting data, analyzing the data, developing a hypothesis and finally proving the hypothesis.

Gone are the days of gut feelings and “hand me down” theories as to how fires start and spread. The role of a fire expert nowadays most often involves much more. Therefore it is essential that fire experts are familiar with and follow the guidelines of NFPA 921 to insure that each investigation is conducted in a consistent manner and that all aspects of a given fire scene are properly evaluated.

Over the past 50 years, heating and cooling design has progressed from a craftsman/apprentice trade to a pursuit solidly grounded in scientific principles. The authoritative body for this fund of knowledge is the American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc. (ASHRAE).

ASHRAE funds extensive research into thermodynamics, heat transfer, the mechanics of building heat gain and loss and refrigeration. As processes become understood, the findings are published in the ASHRAE Handbook, a four volume compendium that is updated with new findings, one volume per year. ASHRAE also publishes standards for safety and testing of equipment. ASHRAE is the defining authority for heating, cooling and refrigeration.
Nevertheless, an engineer cannot design an HVAC system by merely studying the ASHRAE Handbook. The Handbook is written with the assumption that the reader has a general understanding of HVAC systems, including piping, ductwork, mechanical room layouts as well as a general understanding of architecture, structural and electrical engineering, specification methodology, and construction techniques.

Over the years of participating in disputes, I have faced various experts on the other side. In reality, the most formidable expert is generally the old pro (especially one with troubleshooting and systems diagnostic experience) who has seen it all (or at least most of it).

Although few defendants win a verdict of "not guilty by reason of insanity" (NGRI) in court, a larger number receive a stipulated NGRI on the basis of a forensic psychiatric evaluation. In an even wider range of cases, a defendant's mental state can make a major difference as to whether a jury finds the necessary premeditation, or malice aforethought, to warrant conviction for (say) first-degree murder, as opposed to a lesser charge. The same considerations may be brought to bear in sentencing recommendations as well.

The forensic psychiatric consultation can also be a vital aid to determining whether a client is perjuring himself, or is competent to confess. For example, a schizophrenic man spent nine years in prison in Florida for a double murder to which he had made a false, coerced confession which an expert forensic psychiatric consultation could have revealed to be invalid. Last year my testimony helped win acquittal for a psychotically depressed man who had confessed to embezzling city funds that he had never taken.

SOME QUICK DEFINITIONS
• Scope of Work: Written documents, usually based on the plans and specs, which identify or clarify the project definition. These documents are attached to prime and trade contracts to establish who is doing what. In theory, the “Scope” for the prime contractor should include everything being sold to the owner, and all the trade contractor “scopes” in aggregate should include everything in the prime scope, less the GC’s self-performed work.

• Hold-Point: Critical time in the construction process where construction should stop for verification of conformance with plans, specifications, standards (including performance) and contracts. Verification can include inspection, testing, recording, and reporting.

With the increasing popularity of ADR in all areas of business, it was inevitable that the hospitality industry would take note of its advantages. With the escalating costs
associated with litigation, organizations involved in the hospitality sector are increasingly
recognizing that disputes that arise between parties may be reasonably, fairly and
economically resolved through ADR. Hotel management and franchise agreements, for
example, have frequently included arbitration and mediation provisions, but they
generally have referred to standard rules and used third-party providers with little
background in the industry.

Arbitrators and mediators have thus been brought into hospitality dispute resolution with
little understanding of the history and dynamics of the sector. And while neutrality has
generally been assured, there has been frustration associated with the frequent lack of
understanding of the issues involved on the part of the key players in the process – the
arbitrators and mediators.

Over the years, we have observed many cases of humidity gone wild, with the attendant formation of mold or other moisture damage. Condensation can be the result of actions by the various players in the construction process.

The designer
• A design that does not provide for humidity control.
• Incomplete design documents.
• Incorrect temperature control sequence.
• Shoddy review of shop drawings.
• Failure to verify operation of the system in the field.

The contractor
• Substitutions based on price, not function.
• Poor workmanship.
• Misunderstanding of contract document intent.
• Inadequate due diligence of vendor product submittals.

The vendor
• Misunderstanding of contract document requirements.
• Yielding to contractor/owner pressure on price.
• Failure to advise on implications of alternate product submittal.

Regardless of a security code's exact origin and form, if based on accepted security standards, it can be useful in supporting - or defending against - claims of negligence. Even where security codes are not in force, the basic theories of "Crime Prevention Through Environmental Design" and the existence of Building Security Codes in neighboring jurisdictions can often be used to demonstrate the need for, and reasonableness of, security measures.

Establishing liability depends in large part on the foreseeability of a specific kind of criminal attack and the amount of control the negligent party exercised over the circumstances and conditions under which the crime occurred. By citing the standards prescribed in Building Security Codes, it may be possible to demonstrate that a minimum level of security is always necessary. This is true even when no specific crime threat has been identified. The pervasive nature of crime in America presents an undeniable threat to virtually everyone. While the exact time and circumstances of criminal attacks cannot usually be predicted, it may be reasonable to forecast that a particular type of crime will occur at a given location within a definable time period.

Security Codes and Environmental Design Standards impose a duty on property developers, owners and managers to provide at least a minimum level of protection for those who enter and occupy their properties. The protective measures required will vary with the type and use of the property. But, in every instance, there will be basic preventative measures identified to address the kinds of crime that can be reasonably expected to occur. If adequate consideration has not been given to security, and/or applicable security codes have not been followed, then the stage is set for a claim of negligence should a criminal attack take place.

To ensure that security and crime prevention considerations are included in new construction and remodeling projects, a growing number of city and county governments have adopted minimum security standards as part of their local building codes. Generally where these standards exist, they are subjected to the same inspection and review process as any other building code requirement. Compliance must be shown before building permits can be obtained or certificates of occupancy issued. Although these codes are primarily applicable during the design and construction process, many also place requirements and restrictions on the continuing use of buildings and property after construction. Building Security Codes can apply to all building types and most land uses.

While specific wording may vary somewhat among jurisdictions, the requirements of these codes are generally similar. One reason for this similarity is the fact that many jurisdictions have adopted security ordinances based on Model Building Security Codes such as the one developed by the California Crime Prevention Officers Association (CCPOA). This organization was an early proponent of "Crime Prevention Through Environmental Design" and Building Security Codes. It is a pioneer in the crime prevention field and has, through its members, been instrumental in the development of many of the crime prevention programs in use today.