Haight has been named a Metropolitan Tier 1 and Tier 2 “Best Law Firm” by U.S. News – Best Lawyers® “Best Law Firms” in 2025
November 11, 2024 —
Haight Brown & Bonesteel LLPHaight Brown & Bonesteel LLP is listed in the U.S. News – Best Lawyers® (2025 Edition) “Best Law Firms” list with metro rankings in the following areas:
Los Angeles
- Metropolitan Tier 1
- Product Liability Litigation – Defendants
Orange County
- Metropolitan Tier 1
- Product Liability Litigation – Defendants
Read the full story...Reprinted courtesy of
Haight Brown & Bonesteel LLP
Preserving Lien Rights on Private Projects in Washington: Three Common Mistakes to Avoid
September 16, 2024 —
Kristina Southwell - Ahlers Cressman & Sleight PLLCThe Washington Construction Lien Statute, RCW 60.04 et seq., exists to help secure payment for work performed for the improvement of real property.[
1] The statute grants “any person furnishing labor, professional services, materials, or equipment for the improvement of real property” the authority to claim “a lien upon the improvement for the contract price of labor, professional services, materials, or equipment furnished.” RCW 60.04.021.
Exercising lien rights is one of the most useful tools available to a contractor or supplier trying to recover payment owed on a project. A properly recorded lien binds the project property, which is typically the most valuable asset held by the owner, as security for the amounts owed to the lien claimant. Additionally, the lien statute provides a basis for the claimant to recover the costs of recording the lien and its attorneys’ fees and expenses incurred in litigating the foreclosure of the lien.
While the lien statute authorizes the right to lien, it also provides a series of strict requirements and procedures that a claimant must follow to properly exercise its rights. The claimant must carefully comply with all statutory requirements. This article does not endeavor to explain all the intricacies of the lien statute, but rather discusses three of the most common mistakes that result in the loss of lien rights.
See our lien and bond claim manual for a more detailed guide to construction liens in Washington.
Read the full story...Reprinted courtesy of
Kristina Southwell, Ahlers Cressman & Sleight PLLCMs. Southwell may be contacted at
kristina.southwell@acslawyers.com
When Licensing Lapses: How One Contractor Lost a $1 Million Dispute
October 28, 2024 —
Matthew DeVries - Best Practices Construction LawAs a construction lawyer, contractor licensing is a very key aspect of my practice. This can include new contractor applications, increase or changes in monetary limits or license classifications, change in ownership or qualifying agent , and, of course, licensing violations.
The recent decision in Incident365 Florida, LLC v. Ocean Pointe V Condominium Association serves as an important reminder for general contractors and subcontractors regarding the significance of proper licensing and thorough contract review in disaster recovery and construction services.
Case Overview
In this case, Incident365 Florida, LLC entered into disaster recovery agreements with several condominium associations (“Associations”) following Hurricane Irma. The agreements involved various tasks such as water damage mitigation, dehumidification, and the removal of unsalvageable materials. However, Incident365 lacked the appropriate contractor’s license when performing the work, which became a focal point in the dispute when the Associations refused to pay the remaining balance of $1 million, citing the absence of the required licensure.
Read the full story...Reprinted courtesy of
Matthew DeVries, BuchalterMr. DeVries may be contacted at
mdevries@buchalter.com
Consider Arbitration Provision in Homebuilder’s Warranty and Purchase-and-Sale Agreement
November 18, 2024 —
David Adelstein - Florida Construction Legal UpdatesWhen you enter into a contract with a homebuilder, particularly a tract homebuilder, please consider two things when it comes to dispute resolution: (1) your purchase-and-sale agreement likely contains an arbitration provision, and (2) your limited warranty agreement you get in connection with closing likely also reinforces the arbitration provision, especially with warranty claims governed by the limited warranty agreement. This dispute resolution is important because it means the homebuilder wants disputes resolved through the arbitration process and NOT through the litigation process (where the nature of disputes and allegations are public).
Look, there are pros and cons with arbitration, no different than litigation. Arbitrating a dispute is not necessarily a bad thing, and with certain disputes, ideal. There is no right to appeal in arbitration, but the dispute should resolve itself quicker than litigation, and you’ll have more control over the decision maker, i.e., the arbitrator.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
Real Estate & Construction News Roundup (7/17/24) – Housing Inflation to Remain High, Proptech Investment to Fall and Office Vacancy Rates to Reach Peak in 2025
August 26, 2024 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, construction backlog to see positives signs, regional banks to be conservative on buybacks, U.S. metro areas to permit few new housing units, and more!
- Venture capital investments in proptech and adjacent companies fell 14.3% in the first half of the year. (Leslie Shaver, Multifamily Dive)
- The expectation of interest rate cuts by the Federal Reserve later this year due to easing inflation and cooling economic growth is a positive sign for construction backlog. (Sebastian Obando, Construction Dive)
- The U.S. office real estate sector is now in three markets, each with different performance, but the overall office vacancy rate will reach a 21.6% peak in the second half of 2025. (Nish Amarnath, Construction Dive)
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
FEMA Fire Management Assistance Granted for the French Fire
July 08, 2024 —
The Federal Emergency Management AgencyOAKLAND, Calif. – The Federal Emergency Management Agency's (FEMA) Region 9 Administrator authorized the use of federal funds on July 4 at 11:37 p.m. PDT / 2:37 a.m. EDT to assist the state of California to combat the French Fire burning in Mariposa County.
On July 4, the state of California submitted a request for a Fire Management Assistance Grant (FMAG). At the time of the request, the fire threatened approximately 1,019 homes in and around Mariposa, CA, population 1,300. 95% of the threatened homes are primary residences and 5% are secondary residences.
The fire started on July 4, 2024 and had burned more than 790 acres of State and private land. The fire was 0% contained. There are five large fires burning uncontrolled within the State.
FMAGs provide federal funding for up to 75 percent of eligible firefighting costs. The Disaster Relief Fund provides allowances for FMAGs through FEMA to assist in fighting fires that threaten to become a greater incident.
Eligible costs covered by FMAGs can include expenses for field camps, equipment use, materials, supplies and mobilization, and demobilization activities attributed to fighting the fire.
For more information on FMAGs, visit https://www.fema.gov/assistance/public/fire-management-assistance.
Florida Legislative Change Extends Completed Operations Tail for Condominium Projects
December 10, 2024 —
Holly A. Rice - Saxe Doernberger & Vita, P.C.The Florida Legislature recently passed House Bill 1021 which amended Florida Statute § 718.124. The July 1, 2024 amendment changes Florida’s statute of repose (“SOR”) trigger date for condominium projects. Now, the SOR trigger for existing condominium projects will be governed by Florida Statute §718.124, not Florida Statute § 95.11. Most critically, Florida Statute § 718.124 changes the trigger events for when the “clock” starts running and impacts how long the SOR runs. Notably, Florida Statute § 718.124 already governed the trigger event for the statute of limitations (“SOR”) for condominium projects.
One important overarching takeaway for contractors to carefully assess is that the change in the “trigger” event may result in the SOR concluding at a later date than originally planned – affecting time on the risk and, critically, the availability of insurance. The standard approach of using a static 10-year completed operations tail on a condominium construction insurance program may now be insufficient in certain circumstances.
Read the full story...Reprinted courtesy of
Holly A. Rice, Saxe Doernberger & Vita, P.C.Ms. Rice may be contacted at
HRice@sdvlaw.com
Lithium for Batteries from Geothermal Brine
July 08, 2024 —
Robert A. James, Sidney L. Fowler & Clarence H. Tolliver - Gravel2Gavel Construction & Real Estate Law BlogIf all goes as planned, solar, wind and other clean energy technologies will help us abandon carbon emissions for good. But many green power sources perform their best only when nature cooperates, so an important (and sometimes overlooked) component of the energy transition is the ability to store electricity for a rainy or calm day. Lithium is the ingredient of choice for electric vehicle batteries, solar panels and grid elements. As these innovations ramp up, lithium demand is expected to soar by 90% over the next two decades, driving a surge in production efforts. Some experts predict a deficit in the mineral by as soon as 2025.
Predominant mining a
Colorado Senate Bill 13-052: The “Transit-Oriented Development Claims Act of 2013.”Burden of Proof Under All-Risk Property Insurance Policy Relying Upon Improper Exclusion to Deny Coverage Allows Bad Faith Claim to Survive Summary JudgmentDamage Caused Not by Superstorm Sandy, But by Faulty Workmanship, Not CoveredNewmeyer & Dillion Attorney Alan Packer Selected to the 2017 Northern California Super Lawyers ListUS Court Disputes $1.8B AECOM Damage Award in ‘Remarkable Fraud’ SuitUtah Becomes First State to Enact the Uniform Commercial Real Estate Receivership ActA Discussion on Home AffordabilityHeatup of Giant DOE Nuclear Waste Melter Succeeds After 2022 HaltDavid M. McLain, Esq. to Speak at the 2014 CLM Claims CollegeQuick Note: Attorney’s Fees and the Significant Issues TestRoof Mounted Solar Panels: Lower Your Risk of Fire Partners Nicole Whyte and Karen Baytosh are Selected for Inclusion in Best Lawyers 2021 and Nicole Nuzzo is Selected for Inclusion in Best Lawyers: Ones to WatchA Court-Side Seat: NWP 12 and the Dakota Access Pipeline Easement Get Forced Vacations, while a Potential Violation of the Eighth Amendment Isn’t Going AnywhereUseful Life: A Valuable Theory for Reducing DamagesCalifornia Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium UnitFlorida Death Toll Rises by Three, Reaching 27 as Search ResumesConstruction Defect Journal Seeks Article Submissions Regarding SB800 and Other Builders Right to Repair LawsQuick Note: Expert Testimony – Back to the Frye Test in FloridaNew York vs. Miami: The $50 Million Penthouse Battle From Zaha HadidDelay Leads to Problems with Construction DefectsThe Little Ice Age and Delay ClaimsASCE Releases First-of-its-Kind Sustainable Infrastructure StandardOptions When there is a Construction Lien on Your PropertyWhite and Williams Announces Lawyer Promotions, Four Attorneys Promoted to Partner and One Attorney Promoted to CounselSeeking Better Peer Reviews After the FIU Bridge CollapseProperty Damage Caused By Construction Next Door Covered as Ensuing LossDA’s Office Checking Workers Comp ComplianceTexas res judicata and co-insurer defense costs contributionIllinois Appellate Court Addresses Professional Services Exclusion in Homeowners PolicyEPA Issues New PFAS Standard, Provides $1B for Testing, Cleanup of 'Forever Chemicals'Intentional Mining Neighbor's Property is Not an OccurrenceMerger to Create Massive Los Angeles Construction FirmSB800 Is Now Optional to the Homeowner?Bad Faith Claim for Investigation FailsAnti-Concurrent Causation Clause Eliminates Loss from HurricaneNo Duty to Defend Under Pollution PolicyConstruction Litigation Roundup: “You Have No Class(ification)”Liquidating Agreements—Bridging the Privity Gap for SubcontractorsCongratulations to Partner John O’Meara for Being Named as One of America’s Top 100 Civil Defense Litigators for Three Consecutive Years!Wilke Fleury Attorney Featured in 2022 Best Lawyers in America and Best Lawyers: Ones To Watch!Federal District Court Finds Coverage Barred Because of Lack of Allegations of Damage During the Policy Period and Because of Late NoticeVirginia Decision Emphasizes Importance of Naming All Necessary PartiesJoin: Computer Science Meets ConstructionNegligence Per Se Claim Based Upon Failure to Pay Benefits FailsDeterioration of Bridge Infrastructure Is Increasing Insurance NeedsAvoiding Disaster Due to Improper Licensing Trump Tower Is Now One of NYC’s Least-Desirable Luxury BuildingsDon’t Do this When it Comes to Construction LiensWhose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant Dispute 
