ANAHEIM CALIFORNIA BUILDING CONSULTANT
DIRECTORY AND CAPABILITIES

Immigrants' Legal Status Eyed Over Roles in New York Fake Injury Lawsuits

January 07, 2025 — Richard Korman - Engineering News-Record
Edison Fernando Pesantez Ramon says that early on the morning of Sept. 29, 2021, while working on a building renovation project on 96th Street in Manhattan, he tripped and fell badly on a staircase. Read the full story...
Reprinted courtesy of Richard Korman, ENR
Mr. Korman may be contacted at kormanr@enr.com

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¡AI Caramba!

January 07, 2025 — Daniel Lund III - Lexology
You can’t make this up. That’s what a federal judge in Texas told an attorney whom it was sanctioning for impermissible reliance on artificial intelligence in preparing a brief to the court. “Pending before the court is the question of whether Plaintiff's counsel… should be sanctioned for submitting a response brief to the court that includes case cites generated by artificial intelligence that refer to nonexistent cases as well as to nonexistent quotations.” Counsel for the defendant in the case – pursuing summary judgment for a tire manufacturer in a wrongful termination lawsuit – pointed up in a reply brief that the opposition brief of the plaintiff cited two purported – and as it turned out, nonexistent – unpublished decisions: Roca v. King's Creek Plantation, LLC, 500 F. App'x 273, 276 (5th Cir. 2012) and Beets v. Texas Instruments, Inc., No. 94-10034, 1994 WL 714026, at *3 (5th Cir. Dec. 16, 1994), and quotations from as many as six other apparently-existing cases but which were unable to be found within the reported decisions. Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

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ASCE Statement on Congress Passage of WRDA 2024

January 07, 2025 — Feniosky Peña-Mora - American Society of Civil Engineers
WASHINGTON, DC. – ASCE applauds Congress for passing the bipartisan Water Resources Development Act (WRDA) for 2024, Congress's biennial authorization for new U.S. Army Corps of Engineers (USACE) projects. WRDA 2024 authorizes 21 USACE water resources projects across 15 states, Washington, D.C., and Puerto Rico, with a focus on waterway navigation, hurricane and storm damage risk reduction, flood risk management, and ecosystem restoration. This legislation will support vital port and inland waterways projects through provisions such as an adjustment of the cost share formula for the Inland Waterways Trust Fund (IWTF), which helps pay for major rehabilitation and construction efforts along navigation channels, and an increase in the depth at which federal port and harbor projects can receive federal assistance for construction and maintenance. These provisions can help raise the ports (B-) and inland waterways (D+) grades reflected in ASCE's 2021 Report Card for America's Infrastructure, and we are thrilled to see WRDA 2024 prioritizing policies that will improve the nation's infrastructure systems. The latest agreement includes the reauthorization of the National Dam Safety Program (NDSP) through 2028, a top legislative priority for ASCE and a critical program needed to improve the "D" grade that dams received in the 2021 Report Card for America's Infrastructure. The NDSP is the primary source of federal funding supporting state dam safety programs with inspection and monitoring activities, emergency preparedness, and staffing needs. The agreement also incorporates low-head dams into the National Inventory of Dams. These small structures can have deadly consequences when unaccounted for because they produce dangerous, undetectable currents. Incorporating them into the National Inventory of Dams will increase awareness and lead to more safety precautions that could save lives. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 160,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel.

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"On Second Thought"

October 28, 2024 — Daniel Lund III - Lexology
Rehearing requests are seldom granted by courts, and when they are, there’s usually something uniquely compelling in the request and the granting. So is the case in a matter involving monies deposited in the registry of the federal court in New Orleans related to work performed on cleanup after Hurricanes Maria and Irma in the U.S. Virgin Islands. The party depositing monies – which represented subcontract sums paid to it by the general contractor – held back several hundred thousand dollars based on withholding provisions in the various contracts in play. The Court was tasked with evaluating not only a pay-when-paid provision in the subcontract of the claiming party, but also incorporation of the terms of a higher tiered contract which allowed for the withholding. The Court initially granted summary judgment allowing the monies to be withheld. However, on request for rehearing, it was pointed up that while monies could be retained for purposes of covering attorney’s fees and costs related to litigation initiated by the plaintiff subcontractor’s vendors, there was a particular process for that withholding – and an assertion that the process was not followed. Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

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Parks and Degradation: The Mess at Yosemite

September 09, 2024 — Laura Bliss - Bloomberg
A couple of miles past the western entrance to Yosemite National Park, visitors pass from California into a postcard. The road opens to a majestic view of Half Dome, El Capitan and Cathedral Rocks—celebrity peaks if ever there were—which form the towering walls of Yosemite Valley. On the pine-scented floor of John Muir’s mountain mansion, the Merced River flows gently by the side of the road as signs point toward trailheads and tourist destinations. Not far from Curry Village, a cluster of tent cabins and eateries at the eastern end of the road, is a section of employee housing known as the Stables. It was there that Erin Rau found herself wrapped in a sleeping bag one broiling afternoon last summer, wondering whether she was about to die. Rau was a little over a month into a seasonal job selling goods in the village’s general store. Almost as soon as she arrived from Michigan, she recalls, she got the sense this wouldn’t be the carefree, post-college summer gig she’d imagined. In the evenings, she was left alone to manage a bunch of fellow early-twentysomethings making the same sixteenish bucks an hour until the shop closed at 10. At night a family of ringtail possums would crawl down from the rafters to tear into a display of baked goods, a long-standing issue she says her bosses did nothing to resolve, apart from throwing away half-eaten muffins in the morning. Similarly, deer mice kept leaving droppings on the pillows and sheets in the cabin Rau shared with three other women. When one of her roommates complained, she says, management supplied a Ziploc with a couple of mouse traps, a mask, gloves and some hand wipes, leaving the employees to sort out the rest. Read the full story...
Reprinted courtesy of Laura Bliss, Bloomberg

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Executive Insights 2024: Leaders in Construction Law

August 05, 2024 — Construction Executive
The key risks that should always be taken into account when a contract is signed are risks associated with uncompensated delays and cost increases. Provisions relating to the scope of work deserve significant attention to help minimize these risks. Defining the scope of work is often put on the backburner while parties focus on negotiating the rest of the terms and conditions of the contract. And when these scopes are inserted, they are often not closely reviewed by attorneys who tend to defer to project personnel on scope. These situations can lead to costly disputes. Instead, make sure: (1) the correct plans and specifications have been referenced in the contract; (2) an attorney or his/her business counterpart is familiar with relevant specifications; (3) the exhibit containing the assumptions and clarifications is clearly written, has been coordinated with language in the body of the contract and can be clearly understood by attorneys and business people beyond the preconstruction personnel who drafted them; and (4) the contract addresses the order of precedence in the event of a conflict between or among contract provisions (including exhibits). With regard to specifications referenced above, an attorney review is advised because many specification sections, including submittal sections, change order sections, payment provisions and construction progress documentation sections, regularly vary from the negotiated sections of the actual contract. Contractors also unwittingly accept design risk through performance specifications, and the accompanying obligations and risks are underestimated by those tasked with the initial review of those documents. In sum, a clear scope is as important as clear terms and conditions. Reprinted courtesy of Force Majeure and COVID-19 in Construction Contracts – What You Need to Know

Several Wilke Fleury Attorneys Featured in Sacramento Magazine 2022 Top Lawyers!

Arguing Cardinal Change is Different than Proving Cardinal Change

Mechanics Lien Release Bond – What Happens Now? What exactly is a Mechanics Lien and Why Might it Need to be Released?

Rejection’s a Bear- Particularly in Construction

On Rehearing, Fifth Circuit Finds Contractual-Liability Exclusion Does Not Apply

Meet the Forum's ADR Neutrals: LESLIE KING O'NEAL

When Is Mandatory Arbitration Not Mandatory?

Changes to Pennsylvania Mechanic’s Lien Code

U.S. Homeowners Are Lingering Longer, and the Wait Is Paying Off

OSHA/VOSH Roundup

San Diego County Considering Updates to Green Building Code

Under the Hood of U.S. Construction Spending Is Revised Data

Hawaii Federal District Court Rejects Bad Faith Claim

Excess-Escape Other Insurance Provision Unenforceable to Avoid Defense Cost Contribution Despite Placement in Policy’s Coverage Grant

City Potentially Liable for Cost Overrun on Not-to-Exceed Public Works Contract

Committeewoman Requests Refund on Attorney Fees after Failed Legal Efforts

4 Steps to Take When a Worker Is Injured on Your Construction Site

Top 10 Insurance Cases of 2020

Seven Former North San Diego County Landfills are Leaking Contaminants

Discussion of History of Construction Defect Litigation in California

New Jersey’s Independent Contractor Rule

HB24-1014: A Warning Bell for Colorado Businesses Amid Potential Consumer Protection Changes

A Court-Side Seat: A FACA Fight, a Carbon Pledge and Some Venue on the SCOTUS Menu

Construction Leads World Trade Center Area Vulnerable to Flooding

EEOC Builds on Best Practice Guidance Regarding Harassment Within the Construction Industry

Compliance with Building Code Included in Property Damage

Big Bertha Lawsuits—Hitachi Zosen Weighs In

A Sample Itinerary to get the Most out of West Coast Casualty’s Construction Defect Seminar

ASCE Statement on EPA Lead Pipe and Paint Action Plan

Real Estate & Construction News Round-Up (06/29/22)

Singer Ordered to Deposition in Construction Defect Case

California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction

Important Information Regarding Colorado Mechanic’s Lien Rights.

Quick Note: Independent Third-Party Spoliation Of Evidence Claim

Breaking Down Homeowners Association Laws In California

When an Insurer Proceeds as Subrogee, Defendants Cannot Assert Contribution Claims Against the Insured

Winning Attorney Fees in Litigation as a California Construction Contractor or Subcontractor

Home Building Up in Kansas City

Defense for Additional Insured Not Barred By Sole Negligence Provision

Living Not So Large: The sprawl of television shows about very small houses

Do Not Forfeit Coverage Under Your Property Insurance Policy

Application of Set-Off When a Defendant Settles in Multiparty Construction Dispute

Janeen Thomas Installed as State Director of WWBA, Receives First Ever President’s Award

Precast Standards' Work Unde

Florida's New Pre-Suit Noti
Water Bond
Building Group Has Successful 2
EPC Contractors Procuring from Foreign Companies need to Reconsider their Contracts

Private Mediations Do Not Toll The Five-Year Prosecution Statute

Be Sure to Bring Up Any Mechanic’s Lien Defenses Early and Often

Maryland Legislation Prohibits Condominium Developers from Shortening Statute of Limitations to Defeat Unit Owner Construction Defect Claims

Navigate the New Health and Safety Norm With Construction Technology

General Contractor Supporting a Subcontractor’s Change Order Only for Owner to Reject the Change

SCOTUS, Having Received Views of Solicitor General, Will Decide Whether CWA Regulates Indirect Discharge of Pollutants Into Navigable Water Via Groundwater

Brazil’s Former President Turns Himself In to Police

Anthony Luckie Speaks With Columbia University On Receiving Graduate Degree in Construction Administration Alongside His Father

New EPA Regulation for Phase I Environmental Site Assessments

Sales of New U.S. Homes Fell in February to Five-Month Low

Public Housing Takes Priority in Biden Spending Bill

Warren Renews Criticism of Private Equity’s Role in Housing

Tests Find Pollution From N.C. Coal Ash Site Hit by Florence Within Acceptable Levels

Duty to Defend Bodily Injury Evolving Over Many Policy Periods Prorated in Louisiana

The Biggest Change to the Mechanics Lien Law Since 1963

Distinguishing Hawaii Law, New Jersey Finds Anti-Assignment Clause Ineffective

Owners Bound by Arbitration Clause on Roofing Shingles Packaging

Subcontractors Essential to Home Building Industry

Florida Supreme Court: Notice of Right to Repair is a CGL “Suit,” SDV Amicus Brief Supports Decision

No Duty to Indemnify Where No Duty to Defend

Daily Reports – The Swiss Army Knife of Project Documentation

Dust Obscures Eleventh Circuit’s Ruling on “Direct Physical Loss”

Texas Supreme Court Holds Stipulated Extrinsic Evidence May Be Considered in Determining Duty to Defend

Court of Appeal: Privette Doctrine Does Not Apply to Landlord-Tenant Relationships

What Sustainable Building Materials Will the Construction Industry Rely on in 2020?

Rebuilding the West: Construction Considerations After the Smoke Clears

Accident/Occurrence Requirement Does not Preclude Coverage for Vicarious Liability or Negligent Supervision

Damage Control: Major Rebuilds After Major Weather Events