ANAHEIM CALIFORNIA BUILDING CONSULTANT
DIRECTORY AND CAPABILITIES

Real Estate & Construction News Roundup (8/21/24) – REITs Show Their Strength, Energy Prices Increase Construction Costs and CRE Struggles to Keep Pace

October 01, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, UBS to liquidate $2 billion real estate fund, hotel workers in San Francisco vote to strike, housing market to change after blockbuster settlement, and more!

• When it comes to buying and selling homes, new rules are about to be put in play, five months after the National Association of Realtors agreed to a settlement over how its 1.5 million agents across the U.S. are paid commissions. (Kate Gibson, CBS)
• Project abandonments tumbled in July in one of the largest monthly declines ever due to the anticipated interest rate cut. (Sebastian Obando, Construction Dive)
• Increases in energy prices drove most of the total rise in construction input costs over the past month. (Sebastian Obando, Construction Dive)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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Snooze You Lose? Enforcement of Notice and Timing Provisions

November 11, 2024 — Cornelius F. "Lee" Banta, Jr. - ConsensusDocs
Deadlines are an inescapable part of the construction industry. Bid deadlines. Submittal deadlines. Material delivery deadlines. Substantial completion. Final completion. And so, inevitably, fighting about deadlines becomes a necessary byproduct. Was the deadline really a deadline? Was the schedule slippage on the critical path? Should there be an equitable extension to the date of substantial completion? Given the amount of attention and concern conferred on deadlines, those drafting construction contracts naturally seek to clarify which deadlines really matter with the inclusion of notice and timing provisions. A contract’s change order and claims procedures are often a key friction point for those drafting and administering the contract. Should there be a requirement for prior written notice of a claim for cost/time relief? How much advance notice? Who should the request be sent to? Is a specific form of notice required? What are the consequences of failing to provide timely notice? A practitioner should pay careful attention to negotiating these terms on the front end, because rest assured, these contract provisions will garner scrutiny when a change order dispute boils over. Read the full story...
Reprinted courtesy of Cornelius F. "Lee" Banta, Jr., Peckar & Abramson, P.C.
Mr. Banta may be contacted at lbanta@pecklaw.com

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Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions Precedent

August 05, 2024 — David Adelstein - Florida Construction Legal Updates
A recent case serves as a reminder to TIMELY and PROPERLY assert affirmative defenses and to understand statutory conditions precedent to construction lien claims. Failing to do one or the other could be severely detrimental to the position you want to take in a dispute, whether it is a lien foreclosure dispute, or any other dispute. In Scherf v. Tom Krips Construction, Inc., 2024 WL 3297592 (Fla. 4th DCA 2024), the president of a construction company and his wife were building a residence. They orally accepted the proposal from the concrete shell contractor and asked for invoices to be submitted to the president’s construction company. No written contract was memorialized. The president and his wife did not pay the concrete shell contractor and the contractor recorded a lien and sued to foreclose on the lien. Years later (the case had been stayed because the president and his wife filed for bankruptcy and the shell contractor had to get leave of the automatic bankruptcy stay to pursue the lien foreclosure), the shell contractor moved for summary judgment. The president and his wife moved for leave to file an amended answer and affirmative defenses. They claimed the oral contract was with the construction company and the shell contractor was required to serve a Notice to Owner under Florida Statute s. 713.06. Alternatively, they argued that if the oral contract was with the president and his wife, the shell contractor was required to serve a Final Contractor’s Payment Affidavit at least 5 days before filing its lien foreclosure claim, and did not, as required by s. 713.06. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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OSHA Finalizes PPE Fitting Requirement for Construction Workers

December 31, 2024 — Jonathan H. Schaefer - Construction Law Zone
On December 11, 2024, the Occupational Safety and Health Administration (OSHA) announced it finalized a revision to the personal protective equipment (PPE) standard for the construction industry. The final rule adds specific language to the existing standard requiring employers to provide properly fitting PPE for construction industry workers. This change aligns the construction industry with the standards in place for the general industry. According to OSHA, many types of PPE must properly fit workers. Improperly sized PPE can ineffectively protect workers, creating new hazards for them, such as oversized gloves or protective clothing being caught in machinery and discouraging use because of discomfort or poor fit. OSHA stated that the longstanding issue with improperly fitting PPE particularly impacted women, as well as physically smaller or larger workers. Read the full story...
Reprinted courtesy of Jonathan H. Schaefer, Robinson+Cole
Mr. Schaefer may be contacted at jschaefer@rc.com

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Real Estate & Construction News Roundup (8/14/24) – Commercial Real Estate AI, Hotel Pipeline Growth, and Housing Market Improvements

September 23, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, nonresidential spending drops, realtor payment structure changes, office vacancy rates soar, and more!

• A decline in mortgage rates and a drop in housing prices are giving buyers a potential path to securing homeownership. (Omar Mohammed, Newsweek)
• Starting August 17, new rules will roll out that overhaul the way Realtors get paid to help people buy and sell their homes. (Samantha Delouya, CNN)
• Spending dropped in almost half of nonresidential subcategories in June with the decrease stemming from higher interest rates, tighter credit conditions and a softening economy. (Sebastian Obando, Construction Dive)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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The Impact of Nuclear Verdicts on Construction Businesses

October 28, 2024 — Craig Tappel - Construction Executive
A rush to build at a time when the U.S. housing supply continues to fall short may come with a cost to the construction industry. Particularly in hot markets—Sun Belt states and the Mountain West—the drive to finish fast, if not big, can lead to construction and design-defect litigation. Last fall, for example, $22 million in damages were awarded to 220 unhappy homeowners in a South Carolina subdivision northwest of Charleston, four years after their claim for defective work was filed against a major U.S. homebuilder and its subcontractors. Defective work is one of three areas where the construction industry is particularly vulnerable as class-action litigation and thermonuclear verdicts surge. Another is the risk of loss of life or permanent disability on a site, and not solely involving workers: Over $860 million was awarded in 2023 to the family of a woman who was killed in a 2019 crane collapse at a Dallas construction site. Reprinted courtesy of Craig Tappel, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Wilke Fleury Attorneys Featured in “The Best Lawyers in America” & “Best Lawyers: Ones to Watch” 2025 Editions

August 19, 2024 — Wilke Fleury LLP
2025 Best Lawyers & Ones to Watch George Guthrie, Best Lawyer Adriana Cervantes, One to Watch Steven Williamson, Best Lawyer Jason Eldred, One to Watch Daniel Foster, Best Lawyer David Frenznick, Best Lawyer Kathryne Baldwin, One to Watch Daniel Egan, Best Lawyer Wilke Fleury is extremely proud to have five attorneys recognized in The Best Lawyers in America and three attorneys recognized in the Best Lawyers: Ones to Watch in America! Best Lawyers has been regarded by lawyers and the public for more than 40 years as the most credible measure of legal integrity and distinction in the United States. Congratulations to this talented group! Read the full story...
Reprinted courtesy of Wilke Fleury LLP

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Toolbox Talk Series Recap - The Mediator's Proposal

January 21, 2025 — Douglas J. Mackin - The Dispute Resolver
In our final edition of the year of Division 1's Toolbox Talk Series on December 19, 2024, Matthew Argue and Gene Witkin discussed the use of the Mediator’s Proposal to bridge any final gaps to settlement between parties to a mediation. For those unfamiliar, a Mediator’s Proposal is a settlement proposal that the mediator makes to all parties to the dispute simultaneously. Each party then advises the mediators in confidence whether they accept or reject the proposal. The Mediator will communicate to all the parties that the Mediator’s Proposal is accepted only if all parties accept. Argue and Witkin emphasized that the Mediator’s Proposal is not a shortcut and should not be u
Florida Former Public Works Director Fined for Ethics Violation

General Contractors: Consider Importance of "Primary Noncontributory" Language

Contract Disruptions: Navigating Supply Constraints and Labor Shortages

Velazquez Framing, LLC v. Cascadia Homes, Inc. (Take 2) – Pre-lien Notice for Labor Unambiguously Not Required

PSA: Pay If Paid Ban Goes into Effect on January 1, 2023

Senior Living Facility Makes Construction Defect Claims

Couple Perseveres
Balcony Collapses Killing Six People

Wilke Fleury Celebrates the Addition of Two New Partners

California Courts Call a “Time Out” During COVID-19 –New Emergency Court Rules on Civil Litigation

Appraisal Process Analyzed

When is Construction Put to Its “Intended Use”?

AEM Pursuing ISO Standard for Earthmoving Grade-Control Data

What Makes a Great Lawyer?

Florida Lien Law and Substantial Compliance vs. Strict Compliance

Starting July 1, 2020 General Contractors are “Employers” for All Workers on Their Jobsite

Loan Modifications Due to COVID-19 Pandemic: FDIC Answers CARES Act FAQs

Designed to Expose: Beware Lender Certificates

Designing a Fair Standard of Care in Design Agreements

Surplus Lines Carriers Cannot Compel Arbitration in Louisiana

Homeowners Should Beware, Warn Home Builders

Is Your Contract “Mission Essential?” Recovering Costs for Performing During a Force Majeure Event Under Federal Regulations

Fraudster Sells 24-Bedroom ‘King’s Speech’ London Mansion

With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it)

Increases in U.S. Office Rents Led by San Jose and Dallas

Judgment for Insurer Reversed Due to Failure to Establish Depreciation

How Machine Learning Can Help with Urban Development

California Makes Big Changes to the Discovery Act

Washington Court Limits Lien Rights of Construction Managers

Quick Note: Discretion in Determining Prevailing Party for Purposes of Attorney’s Fees

Colorado Defective Construction is Not Considered "Property Damage"

Contractor Entitled to Defense for Alleged Faulty Workmanship of Subcontractor

Jury Awards 20 Million Verdict Against Bishop Abbey Homes

Trends and Issues which Can Affect Workers' Compensation Coverage for Construction Companies

Alaska Civil Engineers Give the State's Infrastructure a "C-" Grade

Contractor Sentenced to 7 Years for “Hail Damage” Fraud

Ensuing Loss Provision Salvages Coverage for Water Damage Claim

No Coverage for Repairs Made Before Suit Filed

Homeowners Not Compelled to Arbitration in Construction Defect Lawsuit

Hawaii Federal District Court Grants Preliminary Approval of Settlement on Volcano Damage

New FAR Rule Mandates the Use of PLAs on Large Construction Projects

Alexis Crump Receives 2020 Lawyer Monthly Women in Law Award

Know and Meet Your Notice Requirements or Lose Your Payment Bond Claims

Partner John Toohey is Nominated for West Coast Casualty’s Jerrold S. Oliver Award of Excellence!

Nonparty Discovery in California Arbitration: How to Get What You Want

“Genuine” Issue of “Material” Fact and Summary Judgments

Proposed Bill Provides a New Federal Tax Credit for the Conversion of Office Buildings

Final Rule Regarding Project Labor Agreement Requirements for Large-Scale Federal Construction Projects

Risky Business: Contractual Versus Equitable Rights of Subrogation

White and Williams Lawyers Recognized by Best Lawyers

Ohio: Are Construction Defects Covered in Insurance Policies?

Corps Issues Draft EIS for Controversial Alaskan Copper Mine

Increase in Single-Family New Home Sales Year-Over-Year in January

Building Growth Raises Safety Concerns

How to Remove a Mechanics Lien from Your Property

Courthouse Reporter Series: Nebraska Court of Appeals Vacates Arbitration Award for Misconduct

Potential Pitfalls Under the Contract Disputes Act for Federal Government Contractors