ANAHEIM CALIFORNIA BUILDING CONSULTANT
DIRECTORY AND CAPABILITIES

Connecticut Reverses Course for Construction Managers on School Projects

August 05, 2024 — Anand Gupta - Construction Law Zone Blog
On June 6, 2024, Connecticut Governor Ned Lamont signed into law Public Act 24-151 (H.B. 5524) (Bill 5524). Bill 5524 authorized and adjusted bonds of the state and provisions related to state and municipal tax administration, as well as addressed school building projects. Notably, Bill 5524 removed the ban on construction managers self-performing work on public school construction projects, effective July 1, 2024. Allowing construction managers to self-perform certain portions of the work, such as general trades, subject to the standard bidding requirements, is a common industry practice that, theoretically, reduces total project costs by reducing the amount of subcontracted work. However, proponents of banning self-performance argue that construction managers have too much information to bid fairly and competitively. Reprinted courtesy of Anand Gupta, Robinson+Cole Mr. Gupta may be contacted at agupta@rc.com Read the full story...

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Florida Legislative Change Extends Completed Operations Tail for Condominium Projects

December 10, 2024 — Holly A. Rice - Saxe Doernberger & Vita, P.C.
The Florida Legislature recently passed House Bill 1021 which amended Florida Statute § 718.124. The July 1, 2024 amendment changes Florida’s statute of repose (“SOR”) trigger date for condominium projects. Now, the SOR trigger for existing condominium projects will be governed by Florida Statute §718.124, not Florida Statute § 95.11. Most critically, Florida Statute § 718.124 changes the trigger events for when the “clock” starts running and impacts how long the SOR runs. Notably, Florida Statute § 718.124 already governed the trigger event for the statute of limitations (“SOR”) for condominium projects. One important overarching takeaway for contractors to carefully assess is that the change in the “trigger” event may result in the SOR concluding at a later date than originally planned – affecting time on the risk and, critically, the availability of insurance. The standard approach of using a static 10-year completed operations tail on a condominium construction insurance program may now be insufficient in certain circumstances. Read the full story...
Reprinted courtesy of Holly A. Rice, Saxe Doernberger & Vita, P.C.
Ms. Rice may be contacted at HRice@sdvlaw.com

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Balancing Cybersecurity Threats in Smart Cities: Is the Potential Convenience of “Smart” Intersections Worth the Risk?

September 02, 2024 — James P. Bobotek & Brian E. Finch - Gravel2Gavel Construction & Real Estate Law Blog
The term “smart cities” has become popular parlance for municipalities’ attempts to enhance delivery of urban services and infrastructure through information and communications technology. While they may conjure images of neon-lit high rises or streetscapes populated by sleek, hovering vehicles, a bit like the 1960s-era The Jetsons cartoon envisioned our high-tech future, the reality of smart cities has begun to emerge in more subtle, less glamourous forms. Cities tend to focus on wastewater monitoring, traffic control and energy distribution technologies in their efforts to become incrementally “smarter.” Smart cities lean heavily on automation, internet connectivity and the Internet of Things (IoT)—including smartphones, connected cars and a host of web-based appliances and utilities—to boost the delivery and quality of essential urban services and infrastructure like transit, sanitation, water, energy, emergency response and more. Successful smart cities need infrastructure that supports such connectivity, and they pull data from hundreds, or even thousands, of sensors that can be used to analyze and shepherd the direction of resources. Reprinted courtesy of James P. Bobotek, Pillsbury and Brian E. Finch, Pillsbury Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com Mr. Finch may be contacted at brian.finch@pillsburylaw.com Read the full story...

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Federal Court Holds that Demolition Exclusion Does Not Apply and Carrier Has Duty to Defend Additional Insureds

September 02, 2024 — Craig Rokuson - Traub Lieberman
In the recent case of Travelers Indem. Co. v. Trisura Specialty Ins. Co., 2024 U.S. Dist. LEXIS 101953 (S.D.N.Y. June 7, 2024), the court had occasion to consider the classic additional insured fact pattern of a construction accident. Travelers insured the general contractor and provided a defense to the general contractor as well as its wholly owned subsidiary. Trisura insured the subcontractor, who employed the injured worker. Travelers brought suit, alleging that Trisura is obligated to defend and indemnify the general contractor, its subsidiary, the owner of the building (The City of New York), and the tenant. Trisura denied any obligation to provide coverage due to the application of the “Demolition Exclusion” to the Trisura policy, which provides, in part, that there is no coverage for injury or damage arising out of the demolition of any building or structure which has original ground height in excess of three stories. The accident occurred during the interior demolition of the fifth floor of the building. The court held that the Demolition Exclusion applies only when there is a complete tearing down, razing, or destruction of an entire building. As the accident occurred during interior demolition, the exclusion did not apply. Read the full story...
Reprinted courtesy of Craig Rokuson, Traub Lieberman
Mr. Rokuson may be contacted at crokuson@tlsslaw.com

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Finding Insurer's Declaratory Relief Action Raises Unsettled Questions of State Law, Case is Dismissed

November 05, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court for the District of Hawaii dismissed the insurer's action for declaratory relief because it raised issues that were unsettled by Hawaii courts. Association of Apartment Owners of Lahaina Residential Condominium, et al., No. 1-24-cv-00075-JAO-BMK, Order Granting AOAO's Motion to Dismiss (D. Haw. Aug. 29, 2024). The case addressed whether a property damage exclusion barred coverage over an owner's claim that a condominium association and its property manager failed to obtain adequate insurance before the condominium's property was damaged by the Maui wildfire in August 2023. Great American filed suit seeking a declaration that it had no duty to defend or indemnify the Association and the property manage, Quam Properties Hawaiiana, Inc., in connection with a demand for mediation submitted to the Association and Quam on behalf of one of the owners. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Urban Retrofits, Tall Buildings, and Sustainability

January 14, 2025 — Christopher G. Hill - Construction Law Musings
As I took a small break between cases and contract reviews, an article in the November 2, 2009 issue of ENR Magazine caught my eye. The article discusses the efforts of a Chicago architect to create a holistic approach to the renovation and “de-carbonization” of the Chicago Loop area. The plan involves large scale energy retrofits and sustainable reuse of Chicago’s tall buildings. Another interesting aspect of this article points out that tall buildings in general have hit the construction skids in the US and Latin America, this is not the case in Europe and the Middle East. However, those buildings that are going up (and up and up) are trying to go “green.” Several of the worlds tallest buildings, or soon to be so, are seeking LEED gold or platinum certification. These two trends, in my view, are healthy. First of all, much like the goal of Build2Sustain, the Chicago effort is a move toward sustainable reuse and retrofit/renovation. I see this as a great trend and a way to perform the “Three R’s” (Reduce, Reuse, Recycle), by reusing existing building materials and footprints without the cost and use of newer materials from tear downs and rebuilds. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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Yes, Virginia, Contract Terms Do Matter: Financing Term Offers Owner an Escape Hatch

November 25, 2024 — Christopher G. Hill - Construction Law Musings
For this week’s Guest Post Friday, Musings welcomes Timothy R. Hughes, Esq., LEED AP. Tim (@vaconstruction on Twitter) is Of Counsel to the Arlington, Virginia firm of Bean, Kinney & Korman, P.C. In his practice as a business, corporate, and construction law attorney, Tim served as the previous Chair of the Construction Law and Public Contracts Section of the Virginia State Bar. He has served in numerous volunteer, board and leadership roles with such organizations as the Arlington Chamber of Commerce, the Northern Virginia Building Industry Association, Vanguard Services Unlimited, Leadership Arlington, Associated Builders & Contractors (Metro DC and Virginia), and numerous other volunteer and construction trade association activities. A regular speaker and writer, Tim is the lead editor of his firm blog, Virginia Real Estate, Land Use and Construction Law. A recent Virginia case once again demonstrates that contract terms matter. An unusual financing term allowed the owner of a project a complete escape from any liability on a project despite significant work being performed. The opinion from the Circuit Court of Norfolk involved five separate cases consolidated together, four claims by subcontractors and one by the general contractor Turner. All five cases hinged on an unusual financing clause in Turner’s contract with
Alexus Williams Receives Missouri Lawyers Media 2021 Women’s Justice Pro Bono Award

Window Manufacturer Weathers Recession by Diversifying

New OSHA Vaccination Requirements For Employers With 100 Or More Employees (And Additional Advice for California Employers)

Miller Act Statute of Limitations and Equitable Tolling

Aarow Equipment v. Travelers- An Update

One Nation, Under Renovation

The Uncertain Future of the IECC

Largest Dam Removal Program in US History Reaches Milestone

Hunton Insurance Head Interviewed Concerning the Benefits and Hidden Dangers of Cyber Insurance

Goldman Veteran Said to Buy Mortgages After Big Short

Colorado Statutes of Limitations and Repose, A First Step in Construction Defect Litigation

When Construction Contracts Go Sideways in Bankruptcy

Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue

OSHA Begins Enforcement of its Respirable Crystalline Silica in Construction Standard. Try Saying That Five Times Real Fast

Takeaways From Schedule-Based Dispute Between General Contractor and Subcontractor

Unlicensed Contractors Nabbed in Sting Operation

NYC’s Developers Plow Ahead With Ambitious Plans to Reshape City

CISA Clarifies – Construction is Part of Critical Infrastructure Activities

Pri
Ahlers Cressman & Sleight Rated as One of the Top 50 in a Survey of Construction Law Firms in the United States

How Long is Your Construction Warranty?

White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2021

New Jersey Court Adopts Continuous Trigger for Construction Defect Claims

NAHB Reports on U.S. Jobs Created from Home Building

To Arbitrate or Not to Arbitrate? That is the Question

Real Estate & Construction News Round-Up (05/18/22)

Fifth Circuit Reverses Summary Judgment Award to Insurer on Hurricane Damage Claim

Denial of Coverage for Bulge in Wall Upheld

Minimum Wage on Federal Construction Projects is $10.10

Legal Matters Escalate in Aspen Condo Case

4 Breakthrough Panama Canal Engineering Innovations

Mediation Fails In Federal Lawsuit Seeking Damages From Sureties for Alleged Contract Fraud

Construction and AI: What Contractors Need to Know from ABC’s New Report

California Supreme Court Allows Claim Under Unfair Competition Statute To Proceed

Shea Homes CEO Receives Hearthstone Builder Humanitarian Award

US Supreme Court Backs Panama Canal Owner in Dispute with Builders

Coverage For Advertising Injury Barred by Prior Publication Exclusion

Bay Area Counties Issue Less Restrictive “Shelter in Place” Orders, Including for Construction

Fewer NYC Construction Deaths as Safety Law Awaits Governor's Signature

Colorado General Assembly Sets Forth Prerequisites for an Insurance Company to Use Failure to Cooperate as a Defense to a Claim for First Party Insurance Benefits

Measures Landlords and Property Managers Can Take in Response to a Reported COVID-19 Infection

Peckar & Abramson Once Again Recognized Among Construction Executive’s “Top 50 Construction Law Firms™”

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

Florida Enacts Property Insurance Overhaul for Benefit of Policyholders

Congratulations to Las Vegas Partner Jeffrey W. Saab and Associate Shanna B. Carter on Obtaining Another Defense Award at Arbitration!

California Supreme Court Declines Request to Expand Exceptions to Privette Doctrine for Known Hazards

Eliminating Waste in Construction – An Interview with Turner Burton

Reminder: A Little Pain Now Can Save a Lot of Pain Later

Understand and Define Key Substantive Contract Provisions

Whose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant Dispute

Florida Court of Appeals Rejects Insurer’s Attempt to Intervene in Underlying Lawsuit to Submit Special Interrogatories

Supreme Court of New York Denies Motion in all but One Cause of Action in Kikirov v. 355 Realty Assoc., et al.

Athletic Trainers Help Workers Get Back to the Jobsite and Stay Healthy After Injury

South Adams County Water and Sanitation District Takes Proactive Step to Treat PFAS, Safeguard Water Supplies

NYC-N.J. Gateway Rail-Tunnel Work May Start in 2023

Three Attorneys Elevated to Partner at Newmeyer & Dillion, LLP

Partner Jason Taylor and Senior Associate Danielle Kegley Successful in Appeal of Summary Disposition on Priority of Coverage Dispute in the Michigan Court of Appeals

Official Tried to Influence Judge against Shortchanged Subcontractor

Insurer Fails to Establish Prejudice Due to Late Notice

$17B Agreement Streamlines Disney World Development Plans

COVID-19 Impacts on Subcontractor Default Insurance and Ripple Effects

Coverage for Injury to Insured’s Employee Not Covered

Christopher Leise Recognized by US News – Best Lawyers 2022 "Lawyer of the Year"

Rhode Island Sues 13 Industry Firms Over Flawed Interstate Bridge

Contractors Should be Aware of Homeowner Duties When Invited to Perform Residential Work

School Board Settles Construction Defect Suit

Maximizing Contractual Indemnity Rights: Insuring the Indemnitor's Obligation

AI Systems and the Real Estate Industry

Defenses Raised Three-Years Too Late Estop Insurer’s Coverage Denial