Congratulations to Nicholas Rodriguez on His Promotion to Partner
November 25, 2024 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPBremer 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
Celebrating Dave McLain’s Recognition in the Best Lawyers in America® 2025
September 16, 2024 —
Higgins, Hopkins, McLain & Roswell, LLCWe are thrilled to announce that David M. McLain, a founding partner of Higgins, Hopkins, McLain & Roswell, LLC, has been recognized in the prestigious publication, The Best Lawyers in America® 2025. David has earned this honor for his outstanding work in Construction Law and Litigation – Construction.
For over two decades, David has been a leading figure in the field of construction law. His dedication to providing exceptional legal services to developers, general contractors, and other construction professionals has set him apart as a trusted advisor and advocate in the Colorado construction industry. His inclusion in The Best Lawyers in America® 2025 is a testament to his hard work, legal acumen, and the respect he has garnered from his peers.
About The Best Lawyers in America®
The Best Lawyers in America® is one of the oldest and most esteemed peer-review publications in the legal profession. Each year, lawyers are nominated and evaluated by their peers based on their professional expertise and achievements. Only a select few receive this honor, making it a significant recognition of excellence in the legal field.
Read the full story...Reprinted courtesy of
Higgins, Hopkins, McLain & Roswell, LLC
Slow Down?
December 03, 2024 —
Daniel Lund III - LexologyAbsolutely not, said the Louisiana Fifth Circuit Court of Appeal to a masonry subcontractor being sued for allegedly improperly refusing to honor a subcontract bid.
A general contractor preparing its overall bid for a public project in Jefferson Parish relied in the process on the defendant masonry subcontractor’s bid. After a public bid process and receiving the award of the project, the general contractor was informed by the subcontractor that it believed that the unit price form that had been supplied to the sub “contained inaccuracies.” Notwithstanding offers by the GC to endeavor to address the purported “inaccuracies” during the project, most likely by a change order, the subcontractor refused to execute its subcontract. The general contractor then awarded the masonry work to another subcontractor for $368,222 more than the original sub’s bid.
The GC filed suit – for recovery of $368,222 – against the defendant subcontractor during the course of the public project. The defendant sub objected, arguing to the court that the lawsuit was “premature.” At the heart of the prematurity argument: the sub urging that the general contractor filed suit before its right to recover damages had accrued.
Read the full story...Reprinted courtesy of
Daniel Lund III, PhelpsMr. Lund may be contacted at
daniel.lund@phelps.com
Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation
August 19, 2024 —
David McLain - Higgins, Hopkins, McLain & Roswell, LLCThe Hill Hotel Owner LLC v. Hanover Insurance Company case has garnered attention due to its implications on the scope of attorney-client privilege in construction litigation. This blog post delves into the project’s background, the ensuing litigation, and the intricate work undertaken by attorneys and experts, highlighting the potential pitfalls associated with assumptions about privilege protections.
Background of the Project
Hill Hotel Owner LLC initiated a construction project in Boulder, Colorado, which included building a basement-level parking garage with an 18” thick concrete slab floor. The project utilized “void form,” a cardboard underlayment intended to create a gap between the foundation and the underlying soil. Unfortunately, the void form became wet and collapsed under the weight of the fresh concrete, causing considerable damage, and necessitating millions of dollars in remediation costs.
Read the full story...Reprinted courtesy of
David McLain, Higgins, Hopkins, McLain & Roswell, LLCMr. McLain may be contacted at
mclain@hhmrlaw.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.
Read the full story...Reprinted courtesy of
Marissa L. Downs, Laurie & Brennan, LLPMs. Downs may be contacted at
mdowns@lauriebrennan.com
Anatomy of a Data Center
October 28, 2024 —
Robert A. James & Matt Olhausen - Gravel2Gavel Construction & Real Estate Law BlogTraditional and social media are thick with reports and predictions of the remarkable increase in size, power consumption and significance of data centers. Not only technology companies but real estate and energy developers, investment funds, lenders, and professionals of all stripes are in or determined to enter this sector. Our inboxes are full—it’s data center this, data center that.
But what exactly is a data center? What infrastructure, technology and human resources come together to create and sustain one of these localized points of computation? By understanding their components, we can glean some understanding of the business, public policy and (our focus) legal issues that arise before and during their operation.
In this article, we cite key characteristics of a reference Blackacre Data Center, with occasional glances at other (real) structures that offer variations on themes. Blackacre is a composite of several centers we have encountered in our law practice. These facilities differ widely in size, location and functions, so your mileage will vary.
Reprinted courtesy of
Robert A. James, Pillsbury and
Matt Olhausen, Pillsbury
Mr. James may be contacted at rob.james@pillsburylaw.com
Mr. Olhausen may be contacted at matt.olhausen@pillsburylaw.com
Read the full story...
Real Estate & Construction News Roundup (7/31/24) – International Homebuying Shrinks Commercial Real Estate Focus on Sustainability, and U.S. Banks Boost Provisions for Credit Losses
September 09, 2024 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, mortgage rates drop to lowest levels since March, hotel construction activity highest since February 2023, Biden administration calls for legislation regarding property owners, and more!
- International buyers bought 54,300 existing homes from April 2023 to March 2024 – a 36% drop from the year before. (Diana Olick, CNBC)
- The Biden administration called on Congress to pass legislation penalizing property owners for rent increases above a certain level as part of its plan to lower housing costs through a series of administrative actions. (Mary Salmonsen, Multifamily Dive)
- U.S. banks have boosted their provisions for credit losses as deteriorating commercial real estate (CRE) loans and high interest rates fuel fears of defaults. (Manya Saini, Niket Nishant and Matt Tracy, Reuters)
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
Kahana Feld Receives 2024 OCCDL Top Legal Organizations for DEI Award
September 30, 2024 —
Linda Carter - Kahana FeldIRVINE, CA – Sep. 12, 2024 – Kahana Feld is pleased to announce that the firm received the 2024 Top Legal Organizations for DEI Award from the Orange County Coalition for Diversity in the Law (OCCDL). The firm will be recognized at an awards gala at The Westin South Coast Plaza on October 3.
Each year, the OCCDL recognizes individuals and organizations who have advanced diversity, equity, and inclusion in the Orange County legal community, whether through their excellence in the law or their dire
U.S. Codes for Deck AttachmentChanges to the Federal Rules – 2024Show Me the Money: The Good Faith Dispute Exception to Prompt Payment PenaltiesProposed Changes to Federal Lease Accounting StandardsSupreme Court of New Jersey Reviews Statutes of Limitation and the Discovery Rule in Construction Defect CasesConstruction Defects in Home a Breach of ContractIt’s a COVID-19 Pandemic; It’s Everywhere – New Cal. Bill to Make Insurers Prove OtherwiseAlexander Moore Promoted to Managing Partner of Kahana Feld’s Oakland OfficeHow to Protect the High-Tech HomeRelated’s $1 Billion Los Angeles Project Opens After 15-Year WaitMid-Session Overview of Colorado’s 2017 Construction Defect Legislation Red Wings Owner, Needing Hockey-Arena Neighborhood, Builds OneBe Sure to Bring Up Any Mechanic’s Lien Defenses Early and OftenWhose Employee is it Anyway?: Federal Court Finds No Coverage for Injured Subcontractor's Claim Based on Modified Employer's Liability ExclusionSupreme Court Eliminates Judicial 'Chevron' Deference to Federal Agency Statutory InterpretationsFlorida Extends Filing Time for Claims Subject to the Statute of ReposeSewage Flowing in London’s River Thames Draws Green Bond DemandDespite Feds' Raised Bar, 2.8B Massachusetts Offshore Wind Project Presses OnBattle of “Other Insurance” ClausesMusk’s Cousins Battle Utilities to Make Solar Rooftops CheapPass-Through Subcontractor Claims, Liquidating Agreements, and Avoiding a Two-Front WarDump Site Provider Has Valid Little Miller Act ClaimDiggin’ Ain’t Easy: Remember to Give Notice Before You Excavate in CaliforniaWhy Being Climate ‘Positive’ Is the Buzzy New Goal of Green BuildingContractors with Ties to Trustees Reaped Benefits from LA Community College Modernization ProgramNew York's New Gateway: The Overhaul of John F. Kennedy International AirportThe Uncertain Future of the IECCA Classic Blunder: Practical Advice for Avoiding Two-Front WarsState Farm Too Quick To Deny Coverage, Court RulesURGENT: 'Catching Some Hell': Hurricane Michael Slams Into FloridaPayment Bond Claim Notice Requires More than MailingIreland Said to Plan Home Loans Limits to Prevent BubbleThe Riskiest Housing Markets in the U.S.The Benefits of Trash Talking: A Cautionary Tale of Demolition Gone WrongBig Bertha Lawsuits—Hitachi Zosen Weighs InRetired Judge Claims Asbestos in Courthouse gave him CancerNY Is Set To Sue US EPA Over ‘Completion’ of PCB RemovalIowa Apartment Complex Owners Awarded Millions for Building Defects'You're Talking About Lives': The New Nissan StadiumContract And IP Implications Of Design Professionals Monetizing Non-Fungible Tokens Comprising Digital Construction DesignsGeorgia Supreme Court Limits Damages Under Georgia Computer Systems Protection ActBar Against Forum Selection Clauses in Construction Contracts Extended to Design ProfessionalsTraub Lieberman Partner Lisa Rolle Obtains Summary Judgment in Favor of DefendantBalancing Risk and Reward: The Complexities of Stadium Construction ProjectsRe-Entering the Workplace: California's Guideline for EmployersWill Maryland Beltway Developer's Exit Doom $7.6B P3 Project?BWB&O Expands to North San DiegoThe World’s Largest 3D-Printed Neighborhood Is HereDeadline Nears for “Green Performance Bond” ImplementationNew American Home Construction Nears Completion Despite ObstaclesWhite and Williams Celebrates Chambers 2024 RankingsSkyline Bling: A $430 Million Hairpin Tower and Other Naked Bids for TourismCan You Really Be Liable For a Product You Didn’t Make? In New Jersey, the Answer is YesNew Braves Stadium Is Three Months Ahead of Schedule, Team SaysApproaches to Managing Job Site InventoryHousing Starts Plunge by the Most in Four YearsIs Construction Defect Litigation a Cause for Lack of Condos in Minneapolis?Insurer’s Discovery Requests Ruled to be Overbroad in Construction Defect Suit="/bhastory.php?cdjs=248506800">
White Collar Overtime Regulations Temporarily BlockedA Court-Side Seat: May Brings Federal Appellate Courts Rulings and Executive OrdersConstruction Termination Issues Part 4: What to Do When They Want to Fire You, the Architect or EngineerWho Would Face Liability For Oroville Dam Management: Brett Moore Authors Law360 ArticleArbitration is Waivable (Even If You Don’t Mean To)SkenarioLabs Uses AI for Property BenchmarkingWhat Every Project Participant Needs to Know About Delay ClaimsCertified Question Asks Washington Supreme Court Whether Insurer is Bound by Contradictory Certificate of InsuranceNew Executive Order: Revitalizing Our Nation’s Commitment to Environmental Justice for AllUnderstanding California’s Pure Comparative Negligence LawWhile Starts Fall, Builder Confidence and Permits are on the RiseCity of Pawtucket Considering Forensic Investigation of TowerDesign-Assist, an Ambiguous Term Causing Conflict in the Construction Industry[1]Heathrow Tempts Runway Opponents With $1,200 Christmas SweetenerYour “Independent Contractor” Clause Just Got a Little Less Relevant 
