ANAHEIM CALIFORNIA BUILDING CONSULTANT
DIRECTORY AND CAPABILITIES

Texas Allows Wide Scope for Certificate of Merit

January 07, 2025 — Lian Skaf - The Subrogation Strategist
The purpose of certificate of merit (sometimes referred to as affidavit of merit) statutes is to identify frivolous claims before the court wastes time and resources during litigation. More common in medical malpractice cases, several states have enacted similar requirements for professional negligence claims dealing with construction-related issues. While a subrogation attorney should not be bringing a frivolous case to suit anyway, the requirement adds another step in the process that plaintiffs need to properly navigate. Chapter 150 of the Texas Civil Practice and Remedies Code requires that in an action arising out of professional services by a licensed or registered professional, claimants must file an affidavit from a qualified expert attesting to the theories of recovery, the negligence and the factual basis for the claims. The expert must be competent, have the same professional license or registration as the defendant and practice in the area of practice of the defendant. In Janis Smith Consulting, LLC v. Rosenberg, No. 03-23-00370-CV, 2024 Tex. App. LEXIS 7961, the Court of Appeals of Texas, Third District (Court of Appeals) addressed a challenge from the defendant as to the sufficiency of the plaintiff’s certificate of merit in an interlocutory appeal. The Court of Appeals affirmed the lower court’s dismissal of the defendant’s motion to dismiss based on the allegedly improper certificate of merit, holding that the plaintiff’s expert was sufficiently qualified to certify the legitimacy of the case. Read the full story...
Reprinted courtesy of Lian Skaf, White and Williams LLP
Mr. Skaf may be contacted at skafl@whiteandwilliams.com

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BWB&O ranks as a 2025 Best Law Firm by Best Lawyers®

December 10, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is honored to announce the firm has been recognized for its fifth consecutive year in the 2025 edition of Best Law Firms® and is ranked by Best Lawyers® regionally in three practice areas. To read the publication, please click here. Metropolitan Tier 1 Las Vegas: Litigation – Construction Orange County: Litigation – Construction Metropolitan Tier 2 Orange County: Family Law San Diego: Litigation – Real Estate Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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How U.S. Design and Architecture Firms Can Profit from the Chinese Market and Avoid Pitfalls

December 23, 2024 — Chengdong ("C.D.") Xing - The Dispute Resolver
Despite recent challenges, including obvious political tensions, economic cooling in the PRC, and increased local competition, the Chinese market remains an attractive destination for U.S. design and architecture firms. For instance, PEI Architects has maintained its success in China through long-standing relationships with key clients and is currently involved in two major projects for the Bank of China: a 1.9 million-square-foot complex in Shanghai and a financial center in Haikou.[i] Similarly, NBBJ is playing a critical role in the development of Tencent’s Net City in Shenzhen, a 2-million-square-meter smart city project that aligns with China's goals of sustainable and tech-driven urbanization.[ii] These examples show that while the Chinese market presents challenges, it continues to offer significant opportunities, particularly in sectors where innovative and cutting-edge architectural solutions are in high demand. At the same time, U.S. firms should exercise care: proper advance planning and strategic alliances are crucial for profitable forays into the Chinese market. JR Design Project: A Cautionary Tale When operating in China, U.S. design firms often encounter regulatory challenges, particularly with respect to China’s strict qualification requirements for architectural design services. Failure to meet these requirements can result in serious legal issues, including the potential invalidation of design contracts, as demonstrated in a leading case decided by the Supreme People’s Court of PRC (the nation’s highest court). Read the full story...
Reprinted courtesy of Chengdong ("C.D.") Xing, Rajah & Tann Singapore LLP
Mr. Xing may be contacted at chengdong.xing@rajahtann.com

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Congratulations to Nicholas Rodriguez on His Promotion to Partner

November 25, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is very proud to announce that Nick Rodriguez has been promoted to the position of partner with the firm! Nick has been with BWB&O since 2019 and is licensed to practice law in California and the U.S. District Courts. Nick’s practice focuses on complex construction defect matters, as well as personal injury and wrongful death claims. During his time with the firm, Nick has successfully represented numerous clients through alternative dispute resolution and has taken matters to trial where he has received favorable jury verdicts. He also supervises and manages a team of associates in the Newport Beach office. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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ABC Announces Disaster Relief Efforts and Resources Following Hurricane Milton

October 15, 2024 — ABC - Construction Executive
HURRICANE RELIEF Florida, Georgia, South Carolina, North Carolina, Virginia and Tennessee were hit with Hurricane Helene, and now Florida is facing additional damage from Hurricane Milton, which is expected to make landfall on Wednesday, Oct. 9. Damages from Helene have already been catastrophic, and our hearts and prayers go out to all currently affected and those who may be in the path of Milton. Florida Gov. DeSantis has declared a state of emergency for 51 counties ahead of this impending storm. Donate to the ABC Cares Foundation via the online portal. The ABC Florida East Coast chapter and the ABC Cares Foundation Inc. are committed to assisting communities impacted by Hurricanes Helene and Milton. 100% of donations made to the ABC Cares Foundation—an IRS 501(c)(3)—for this purpose will be restricted, directly supporting regional needs, and are 100% tax deductible. Donate to the American Red Cross through ABC’s donation portal. Your Red Cross disaster relief gift will help people whose lives have been upended by wildfires, storms, floods and countless other crises. This custom website tracks donations by the ABC community and can be dedicated to a friend or loved one. Donate Reprinted courtesy of ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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ASCE Statement on Devastating Impacts of Hurricane Helene

October 07, 2024 — Marsia Geldert-Murphey, P.E., President - American Society of Civil Engineers
WASHINGTON, DC. – We are deeply saddened by the tragic loss of life across six states, in addition to the immeasurable damages caused by Hurricane Helene throughout the Southeast this past week. Hundreds of communities are without power. Citizens cannot move safely from one place to another. And in its wake, the storm has left many without drinking water and sewage services. As civil engineers, our first priority when we design and build the structures that connect us is the public's safety and well-being; we are heartbroken to see so many lives lost or upended by Hurricane Helene. As someone who has experienced losing everything in a catastrophic flood event, I have seen first-hand the need for making communities more resilient, and the consequences of failing to do so. Although hurricanes have consistently been a threat in the U.S., particularly in the Southeast, extreme weather events and 500-year floods are increasing in regularity and our aging infrastructure systems were not built to withstand storms of this magnitude. Total prevention of loss of life or property damage can never be guaranteed, but Helene is a reminder of the importance of widespread adoption of up-to-date, modern building codes and standards. We are thankful for the hard work of first responders, the military, and other organizations working around the clock to save lives and meet the immediate needs of people affected by this storm. As communities begin the long recovery process, civil engineers will be there to help communities rebuild the roads, bridges, dams, water systems, and other infrastructure damaged or destroyed by the storm. 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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New York’s Highest Court Weighs in on N.Y. Labor Law

September 23, 2024 — Bill Wilson - Construction Law Zone
N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction site and establishes a violation of a specific and applicable Industrial Code regulation, both the owner and contractor will be held vicariously liable for the worker’s injury, without regard to their fault and even in the absence of control or supervision of the worksite. The Court of Appeals of New York recently addressed the broad scope of the Labor Law in the context of slipping hazards. In Bazdaric v. Almah Partners, LLC, 41 N.Y.3d 310 (
Future Army Corps Rulings on Streams and Wetlands: Changes and Delays Ahead

Honoring Veterans Under Our Roof & Across the World

Haight Brown & Bonesteel Attorneys Named Best Lawyers in America ® 2016

State Supreme Court Cases Highlight I
Boots on the Ground- A Great Way to Learn and Help Construction Clients

Dallas Home Being Built of Shipping Containers

Flood-Threat Assessment Finds Danger Goes Far Beyond U.S. Homes

Think Twice About Depreciating Repair Costs in Our State, says the Tennessee Supreme Court

Defense Owed to Insured Subcontractor, but not to Additional Insured

No Duty to Defend Construction Defect Claims

Hawaii Court of Appeals Affirms Broker's Liability for Failure to Renew Coverage

Boilerplate Contract Language on Permits could cause Problems for Contractors

Ex-Pemex CEO Denies Allegations of Involvement in Brazil Scandal

Get Your Contracts Lean- Its Better than Dieting

Business Interruption, Food Spoilage Claims Resulting from Off Premise Power Failure Denied

Potential Coverage Issues Implicated by the Champlain Towers Collapse

Construction Costs Absorb Two Big Hits This Quarter

Three Recent Cases Strike Down Liquidated Damages Clauses In Settlement Agreements…A Trend Or An Aberration?

Equal Access to Justice Act Fee Request Rejected in Flood Case

90 and 150: Two Numbers You Must Know

Gary Bague Elected Chairman of ALFA International’s Board of Directors

California Bid Protests: Responsiveness and Materiality
“To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”

Cultivating a Company Culture Committed to Safety, Mentorship and Education

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

Miorelli Doctrine’s Sovereign Immunity in Public Construction Contracts — Not the Be-All and End-All

Construction Contractor “Mean Tweets” Edition

Home Builders Wear Many Hats

Insurance Law Client Alert: California Appeals Court Refuses to Apply Professional Services Exclusion to Products-Completed Operations Loss

Funding the Self-Insured Retention (SIR)

Gloria Gaynor Sues Contractor over Defective Deck Construction

First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period

Federal Judge Vacates CDC Eviction Moratorium Nationwide

Miller Act Statute of Limitations and Equitable Tolling

The Law Clinic Paves Way to the Digitalization of Built Environment Processes

2016 Updates to CEB’s Mechanics Liens and Retail Leasing Practice Books Now Available

Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

Manufacturer of Asbestos-Free Product May Still Be Liable for Asbestos Related Injuries

Thousands of London Residents Evacuated due to Fire Hazards

PFAS and the Challenge of Cleaning Up “Forever”

The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy

California Court of Appeal Provides Clarity On What Triggers Supplemental Analysis Under California Environmental Quality Act

Water Damage Sub-Limit Includes Tear-Out Costs

Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking Contribution from a Product Installer

Sometimes you Need to Consider the Coblentz Agreement

Changes to Pennsylvania Mechanic’s Lien Code

Joint Venture Dispute Over Profits

2017 Colorado Construction Defect Recap: Colorado Legislature and Judiciary Make Favorable Advances for Development Community

You May Be Able to Dodge a Bullet, But Not a Gatling Gun

Delaware District Court Finds CGL Insurer Owes Condo Builder a Duty to Defend Faulty Workmanship Claims — Based on the Subcontractor Exception to the Your Work Exclusion

Steven L. Heisdorffer Joins Higgins, Hopkins, McLain & Roswell

Homebuilders Offer Hope for U.K. Economy

School Blown Down by Wind Still Set to Open on Schedule

Construction Defect Litigation at San Diego’s Alicante Condominiums?

Kiewit Hired as EPC for Fire-Damaged Freeport Gas Terminal Fix

What are the Potential Damages when a House is a Lemon?

New ConsensusDocs 242 Design Professional Change Order Form Helps Facilitate Compensation for Changes in Design Services

Construction Litigation Roundup: “You Left Out a Key Ingredient!”

Construction Continues To Boom Across The South

Eleventh Circuit Vacates District Court Decision Finding No Duty to Defend Faulty Workmanship Claims

Recent Amendments and Caselaw Affecting the Construction Industry in Texas

“Details Matter” is the Foundation in a Texas Construction Defect Suit

Coffee Beans, Mars and the 50 States: Civil Code 1542 Waivers and Latent Defects

Construction Litigation Roundup: “A Fastball Right to the Bean!”

North Carolina Learns More Lessons From Latest Storm

Federal Court of Appeals Signals an End to Project Labor Agreement Requirements Linked to Development Tax Credits

A Court-Side Seat: A Poultry Defense, a Houston Highway and a CERCLA Consent Decree that Won’t Budge

Discussion of History of Construction Defect Litigation in California

Indictments Issued in Las Vegas HOA Scam

Not All Design-Build Projects are Created Equal

Oracle Sues Procore, Claims Theft of Trade Secrets for ERP Integration

SNC-Lavalin’s Former Head of Construction Pleads Guilty to Bribery, Money Laundering