Anaheim California Building Consultant Directory

Three Kahana Feld Attorneys Selected to 2024 NY Metro Super Lawyers Lists

October 28, 2024 — Linda Carter - Kahana Feld
Kahana Feld is pleased to announce that Tim Capowski was selected to the 2024 NY Metro Super Lawyers list, and Christopher Theobalt and Sofya Uvaydov were selected to the 2024 NY Metro Rising Stars list. All three attorneys were recognized in the Appellate practice area. Tim Capowski is a partner at Kahana Feld and chair of the firm’s National Appellate Litigation & Consulting Group. He has spent the better part of three decades at the forefront of the insurance defense bar. Tim has litigated hundreds of appeals and thousands of motions in state and federal and appellate courts throughout New York and around the country. He handles a variety of complex litigation including catastrophic property and casualty claims, construction defect, professional liability, labor and employment law, mass torts, insurance coverage, and more. Read the full story...
Reprinted courtesy of Linda Carter, Kahana Feld
Ms. Carter may be contacted at lcarter@kahanafeld.com

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 used simply to split the difference. Instead, it is a tool available to the mediator to push the parties to resolution after they have had robust negotiations, understand the strengths and weaknesses of the positions of each side, and have made progress towards at least getting within range of one another. A successful Mediator’s Proposal depends on the mediator (and the parties) having sufficient information to make a credible recommendation and creating an environment where all parties will consider the Mediator’s Proposal in good faith. Read the full story...
Reprinted courtesy of Douglas J. Mackin, Cozen O’Connor
Mr. Mackin may be contacted at dmackin@cozen.com

Bright-Line Changes: Prompt Payment Act Trends

September 16, 2024 — Stephanie L. Cooksey - Peckar & Abramson, P.C.
Untimely payment by the owner for contract work and additional work on construction projects can place an unfair financial burden on contractors and subcontractors. Most states have attempted to eliminate or mitigate this inequity in construction contracting through Prompt Payment Acts that govern payment deadlines and provide remedies for untimely payment. This article addresses the legislative trends aimed at minimizing the risk of non-payment, overdue payment, and withholding retainage in favor of downstream parties to a construction contract. Fortifying Contractor Protections with “Bright-Line” Language Over the last decade, states have been tightening prompt payment laws by replacing broad, general statutory language with bright-line rules. What is a bright-line rule? A specific or definite figure, a quantifiable marker—i.e., something owners, contractors, subcontractors, and suppliers should be aware of. Practically speaking, the more bright-line a prompt payment statute is, the greater the likelihood it will affect a construction project in your state. A standard form construction contract, if not reviewed carefully, can create conflicts or confusion if it gives a party more leeway on payment deadlines than the applicable Prompt Payment Act. For example, consider an owner-issued Construction Change Directive (“CCD”) that requires a contractor to commence additional work immediately while a formal change order is negotiated. Consequently, a CCD can push financial burdens downstream, whether inadvertently or not, and may conflict with statutory payment deadlines. Nevertheless, an owner can be justified in its utilization of a CCD to maintain the project schedule. How should the parties competing interests be resolved? Read the full story...
Reprinted courtesy of Peckar & Abramson, P.C.

Navigating Construction Contracts in the Energy Sector – Insights from Sheppard Mullin’s Webinar Series

October 01, 2024 — Cesar Pereira - Sheppard Mullin
Construction contracts in the energy sector involve unique challenges and risks, particularly with respect to bonds and mechanic’s liens. Understanding how to navigate these challenges is key to protecting your projects from disputes with general contractors, subcontractors and suppliers. In our recent webinar, “Construction Contracts: Bond and Mechanic’s Lien Primer for Energy Projects,” I was joined by my Sheppard Mullin colleagues Chris Kolosov and Emily Anderson to discuss navigating common contract pitfalls and negotiation strategies to protect your interests. Here are our key takeaways.

Know Local Mechanic’s Lien Laws: Mechanic’s liens are statutory and vary significantly from state to state. It is critical to understand the local laws and regulations at play in your project’s jurisdiction.

Read the full story...
Reprinted courtesy of Cesar Pereira, Sheppard Mullin
Mr. Pereira may be contacted at cpereira@sheppardmullin.com

New York Construction Practice Team Obtains Summary Judgment, Dismissal of Labor Law §240(1) Claim Against Municipal Entities

August 19, 2024 — Lewis Brisbois Newsroom
New York, N.Y. (August 8, 2024) – In Josan v. City of New York, et al., New York Associate Jonathan A. Bartlett, a member of New York Partner Meghan A. Cavalieri’s Construction Practice Team, recently obtained summary judgment and dismissal of the plaintiffs’ Labor Law §240(1) claim against the City of New York, the New York City School Construction Authority, and the New York City Department of Education. The plaintiff alleged to have sustained injuries as the result of a construction site accident occurring on January 9, 2020, while in the scope of his employment as a forklift operator in connection with the construction/renovation of a school building in Brooklyn, New York. Specifically, the plaintiff alleged that he was injured when a forklift he was operating in order to lift scaffold frame materials tipped over, causing him disabling injuries. The plaintiffs’ counsel articulated an eight-figure initial settlement demand. Read the full story...
Reprinted courtesy of Lewis Brisbois

Traub Lieberman Attorneys Recognized as 2024 New York – Metro Super Lawyers®

November 11, 2024 — Traub Lieberman
Traub Lieberman is pleased to announce that seven Partners from the Hawthorne, NY office have been selected to the 2024 New York - Metro Super Lawyers list. 2024 New York – Metro Super Lawyers

Copernicus Gaza – Insurance Coverage
Jonathan Harwood – Professional Liability
Lisa Rolle – Construction Litigation
Hillary Raimondi – Employment Litigation
Christopher Russo – Professional Liability
Lisa Shrewsberry – Professional Liability
Stephen Straus – Insurance Coverage

Lisa Shrewsberry was also selected to the Top 25: 2024 Westchester County Super Lawyers® list. Read the full story...
Reprinted courtesy of Traub Lieberman

Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment Unit

September 09, 2024 — Gus Sara - The Subrogation Strategist
In Phila. Indem. Ins. Co. v. Gonzalez, No. 1-23-0833, 2024 Ill. App. Unpub. LEXIS 1372, the Appellate Court of Illinois considered whether the terms of a lease agreement limited a tenant’s liability for fire damages, a fire caused by her negligence, to her apartment unit only. The plaintiff insured the subject apartment building, which incurred damage to several units as result of a fire in the tenant’s unit. The lease defined “Premises” as the specific apartment unit occupied by the tenant and held the tenant responsible for damage caused to the Premises. While the court found that the lease permitted the plaintiff to subrogate against the tenant, it held that the lease terms limited the damages to the tenant’s apartment unit only. In Gonzalez, the plaintiff’s insured owned a multi-unit apartment building in Chicago. In September 2019, the building owner entered into a lease agreement with the defendant for apartment Unit 601. The lease stated that Unit 601 was the “Leased Address (Premises).” Another provision stated that building owner “hereby leases to Tenant(s) and Tenant(s) hereby leases from Landlord(s) for use as a private dwelling only, the Premises, together with the fixtures and appliances (if any) in the premises…” The lease also stated that “Tenant shall be liable for any damage done to the premises as a result of Tenant’s or Tenant’s invitees, guests or others authorized to reside in the Premises [sic] direct action, negligence, or failure to inform Landlord of repairs necessary to prevent damage to the Premises.” Read the full story...
Reprinted courtesy of Gus Sara, White and Williams
Mr. Sara may be contacted at sarag@whiteandwilliams.com

Understanding Entitlement to Del
Why Biden’s Infrastructure Plan Is a Green Jobs Plan

Coverage Denied for Faulty Blasting and Improper Fill

Getting U.S to Zero Carbon Will Take a $2.5 Trillion Investment by 2030

Candlebrook Adds Dormitories With $230 Million Purchase

Condominiums and Homeowners Associations Remain Popular Housing Choices for U-S Homeowners

Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations

Decades of WCC Seminar at the Disneyland Resort

Insured's Experts Excluded, But Insurer's Motion for Summary Judgment Denied

Former NYC Condo Empire Executive Arrested for Larceny, Tax Fraud

Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation

Claim for Consequential Damages Survives Motion to Dismiss

Bailout for an Improperly Drafted Indemnification Provision

Guidance for Structural Fire Engineering Making Its Debut

Indemnitor Owes Indemnity Even Where
10 Haight Lawyers Recognized in Best Lawyers in America© 2023 and The Best Lawyers: Ones to Watch 2023

Toolbox Talk Series Recap - The New Science of Jury Trial Advocacy

Alabama Court Upholds Late Notice Disclaimer

Bremer Whyte Brown & O’Meara, LLP is Proud to Announce Jeannette Garcia Has Been Elected as Secretary of the Hispanic Bar Association of Orange County!

Maybe Supervising Qualifies as Labor After All

Building Permits Up in USA Is a Good Sign

Project-Specific Policies and Products-Completed Operations Hazard Extensions

Construction Litigation Roundup: “A Less Than Valiant Effort”

Pillsbury Insights – Navigating the Real Estate Market During COVID-19

Fraud Claims and Breach Of Warranty Claims Against Manufacturer

Landmark San Diego Hotel Settles Defects Suit for $6.4 Million

Practical Pointers for Change Orders on Commercial Construction Contracts

A Court-Side Seat: Flint Failures, Missed Deadlines, Toad Work and a Game of Chicken

Construction Laborers Sue Contractors Over Wage Theft

16 Wilke Fleury Attorneys Featured in Sacramento Magazine 2021 Top Lawyers!

Estimate Tops $5.5B for Cost of Rebuilding After Maui Fires

Construction Law Advisory: Mechanical Contractor Scores Victory in Prevailing Wage Dispute

Ninth Circuit: Speculative Injuries Do Not Confer Article III Standing

Illinois Town’s Bond Sale Halted Over Fraudulent Hotel Deals

Where Breach of Contract and Tortious Interference Collide

Navigating Abandonment of a Construction Project

Forecast Sunny for Solar Contractors in California

Pennsylvania Federal Court Finds No Coverage For Hacking Claim Under E&O Policy

Hilary Soaks California With Flooding Rain and Snarls Flights

Behavioral Science Meets Construction: Insights from Whistle Rewards

DRCOG’s Findings on the Impact of Construction Defect Litigation Have Been Released (And the Results Should Not Surprise You)

Lewis Brisbois Successfully Concludes Privacy Dispute for Comedian Kathy Griffin Following Calif. Supreme Court Denial of Review

Why Ethiopia’s $5 Billion Dam Has Riled Its Neighbors

Connecticut Supreme Court Further Refines Meaning of "Collapse"

Climate Disasters Are an Affordable Housing Problem

Prime Contractor & Surety’s Recovery of Attorney’s Fees in Miller Act Lawsuit

Dispute Resolution Provision in Subcontract that Says Owner, Architect or Engineer’s Decision Is Final

New York's New Gateway: The Overhaul of John F. Kennedy International Airport

Residential Mortgage Lenders and Servicers Beware of Changes to Rule 3002.1

Traub Lieberman Attorneys Recognized as 2023 New York – Metro Super Lawyers® and Rising Stars

Bribe Charges Take Toll on NY Contractor

Parks and Degradation: The Mess at Yosemite

Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured

Appeals Court Overruled Insured as Additional Insured on Subcontractor’s Commercial General Liability Policy

URGENT: 'Catching Some Hell': Hurricane Michael Slams Into Florida

Mendocino Hospital Nearing Completion

Green Buildings Could Lead to Liabilities

Connecticut Supreme Court Again Asked to Determine the Meaning of Collapse

Skanska Will Work With Florida on Barge-Caused Damage to Pensacola Bay Bridge

Intentionally Set Atlanta Interstate Fire Closes Artery Until June

EEOC Chair Issues New Report “Building for the Future: Advancing Equal Employment Opportunity in the Construction Industry”

Florida Lawmakers Fail to Reach Agreement on Condominium Safety Bill

Nonresidential Construction Employment Expands in August, Says ABC

Insurer Prohibited from Bringing Separate Contribution Action in Subrogation to Rights of Suspended Insured

Contractors with Ties to Trustees Reaped Benefits from LA Community College Modernization Program

ANAHEIM CALIFORNIA BUILDING CONSULTANT DIRECTORY AND CAPABILITIES