Newark Trial Team Obtains Affirmance of Summary Judgment for General Contractor Client
January 21, 2025 —
Lewis Brisbois NewsroomNewark, N.J. (December 31, 2024) - Days after
obtaining an Appellate Division victory affirming a “no cause” jury verdict, Newark Partner Afsha Noran and Managing Partner Colin Hackett obtained a
second appellate court victory affirming a trial court's dismissal of a complaint against another firm client, a general contractor.
The team had previously obtained summary judgment at the trial level on the grounds plaintiff could not establish a prima facie case against the client. The plaintiff appealed the grant of summary judgment and dismissal of her claim to the Appellate Division.
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Lewis Brisbois
Third Circuit Vacates Judgment for Insurer on Alleged Construction Defect Claim
December 31, 2024 —
Tred R. Eyerly - Insurance Law HawaiiThe Third Circuit vacated and remanded to the district court the judgment in favor of the insurer on a construction defect claim. Odedeyi v. AmTrust Financial Services Inc., 2024 U.S. App. LEXIS 24729 (3d Cir. Oct. 1, 2024).
Mr. Odedeyi hired a contractor, who was insured by Security National, to perform work on his property. After the property was damaged during the renovations, Odedeyi filed suit against the contractor. Odedeyi was awarded a default judgment against the contractor.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Kahana Feld Named to the Orange County Register 2024 Top Workplaces List
January 14, 2025 —
Linda Carter - Kahana FeldORANGE COUNTY – Dec. 31, 2024 – Kahana Feld is pleased to announce that the firm has been named a 2024 Top Workplace by the Orange County Register. This is the second year in a row that Kahana Feld has been named to the Orange County Top Workplaces list.
The Top Workplaces list is based solely on employee feedback gathered through a third-party survey. The confidential survey uniquely measures the employee experience and its component themes, including employees feeling Respected & Supported, Enabled to Grow, and Empowered to Execute.
“Inclusion on this list is a testament to Kahana Feld’s dedication to employee satisfaction,” said Firmwide Managing Partner Amir Kahana. “Having a positive and supportive culture has always been a top priority for us, and it will continue to be a driving force in our growth and success.”
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Linda Carter, Kahana FeldMs. Carter may be contacted at
lcarter@kahanafeld.com
Run Spot...Run!
November 18, 2024 —
Daniel Lund III - Lexology"The 'classic' definition of spot zoning is 'the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of such property and to the detriment of other owners.’ Anderson’s American Law of Zoning, 4th Edition, § 5.12 (1995)” (from plannersweb.com).
A wireless carrier rebuffed in Jennings, Louisiana, on an application to rezone residential property to site a monopole cell tower sought relief from the federal court for the Western District of Louisiana. The city lacked any wireless tower provisions in its ordinances, and the carrier asserted that existing “commercial property within the appropriate range” was unavailable.
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Daniel Lund III, PhelpsMr. Lund may be contacted at
daniel.lund@phelps.com
Meet the Forum's Neutrals: TOM DUNN
October 21, 2024 —
Marissa L. Downs - The Dispute ResolverCompany: Pierce Atwood LLP
Office Location: Boston, MA
Licensed in: Massachusetts, Rhode Island, California (inactive)
Email: rtdunn@pierceatwood.com
Website: https://www.pierceatwood.com/people/r-thomas-dunn
Law School: McGeorge School of Law (2004 JD)
Types of ADR services offered: Arbitration
Affiliated ADR organizations: American Arbitration Association
Geographic area served: Massachusetts, Rhode Island, and New England
Q: Describe the path you took to becoming an ADR neutral.
A: Arbitration and alternative forms to avoid and resolve disputes has interested me since law school. Serving as an arbitrator is rewarding both as a neutral helping people close out disputes, but also as an advocate as it reminds me about how best to communicate with the fact finder.
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Marissa L. Downs, Laurie & Brennan, LLPMs. Downs may be contacted at
mdowns@lauriebrennan.com
Supreme Court Upholds Prevailing Wage Statute
August 19, 2024 —
Ahlers Cressman & Sleight PLLCHistorically, the prevailing wage was calculated by averaging the wages within a certain industry and county. However, in 2018 the Washington Legislature amended the statute so that the prevailing wage would be assessed based on the highest wage set by collective bargaining agreements in the county. The amendment (RCW 39.12.015(3)) reads as follows:
(3)(a)…the industrial statistician shall establish the prevailing rate of wage by adopting the hourly wage, usual benefits, and overtime paid for the geographic jurisdiction established in collective bargaining agreements…
(b) For trades and occupations in which there are no collective bargaining agreements in the county, the industrial statistician shall establish the prevailing rate of wage by…conducting wage and hour surveys.
So, for example, if union engineers bargain for a wage, that is the wage all engineers in the county must be paid on public projects. The legislature passed this law for the sake of efficiency because it took significant resources for the Industrial Statistician to compute the prevailing wage for every trade and every county, but the law has significant knock-on effects.
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Ahlers Cressman & Sleight PLLC
Bally's Secures Funding for $1.7B Chicago Casino and Hotel Project
August 12, 2024 —
Annemarie Mannion - Engineering News-RecordPlans for a $1.7-billion casino and adjacent 34-story hotel are advancing in Chicago as the gaming operator reports it has secured $940 million to complete funding for the project and has set demolition for a printing press building now occupying the site for this summer.
Reprinted courtesy of
Annemarie Mannion, Engineering News-Record
Ms. Mannion may be contacted at manniona@enr.com
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Construction Litigation Roundup: “A Close Call?”
August 05, 2024 —
Daniel Lund III - LexologyNot really, said a Florida state appellate court when a public construction project owner sued a defaulted general contractor after recovering from the general contractor’s surety.
The general contractor, Close Construction, entered into a contract for a lift station rehabilitation construction project with the City of Riviera Beach in Florida. During the course of the work the public owner terminated the contract, whereupon the GC and the owner brought claims against each other in court. A jury ultimately held against the general contractor and in favor of the public owner in the amount of approximately $1.9 million. The general contractor appealed.
On appeal, the general contractor noted that the public works surety which it was required by the contract to obtain for the project had hired another company to complete the work when the general contractor was terminated and had otherwise “settled with the District under its bond for $1,000,000.” Based on that settlement, the general contractor had moved, unsuccessfully, in the trial court for a post-trial setoff because the “settlement covered the same damages that the jury assessed” against the GC, and because the surety was “jointly and severally liable” with the GC – pursuant to the terms of the bond – for those damages. In essence, the general contractor sought to avoid having the public owner “obtain a double recovery.”
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Daniel Lund III, PhelpsMr. Lund may be contacted at
daniel.lund@phelps.com
