The Importance of a Notice of Completion to Contractors, Subcontractors and Suppliers
August 12, 2024 —
William L. Porter - Porter Law GroupThe recording of a valid “Notice of Completion” with the County Recorder is an event of significance to owners, contractors, subcontractors and suppliers alike. The recording of a Notice of Completion is one of several methods used to trigger the time period for the recording of mechanics liens and service of stop payment notices. Although the recording of a Notice of Completion is not absolutely required on any given project, all those working in the construction industry should understand its significance.
When a valid Notice of Completion has not been recorded in relation to a construction project, a contractor, subcontractor, or supplier might from ninety to one hundred fifty days after completion of the project to record a mechanics lien or serve a stop payment notice to secure payment for their services on the project, depending on the facts. However, if a valid Notice of Completion is recorded, then the deadline under most circumstances accelerates and subcontractors and suppliers must record a mechanics lien or serve a stop payment notice within only thirty days thereafter. Under the same circumstances, a prime contractor has only sixty days after the recording of a valid Notice of Completion to record a mechanics’ lien. Failure to meet these deadlines often results in loss of the right to a mechanics lien or stop payment notice. There are limited exceptions to these general deadlines, depending on the facts. If you believe you may have missed an important deadline to seek collection of a construction debt, you should consult with a construction attorney immediately to secure your avenues of collection, including the mechanics lien and stop payment notice remedies, if still available.
Read the full story...Reprinted courtesy of
William L. Porter, Porter Law GroupMr. Porter may be contacted at
bporter@porterlaw.com
Real Estate & Construction News Roundup (7/10/24) – Strong Construction Investment in Data Centers, Increase Use of Proptech in Hospitality and Effects of Remote-Work on Housing Market
August 05, 2024 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, renters stay in their units longer, GenAI change how commercial real estate operates, and banks continue high exposure due to commercial real estate.
- Strong investor interest, particularly in opportunistic and value-add segments, signals a strong market for construction firms specializing in high-yield projects. (Sebastian Obando, Construction Dive)
- A growing number of renters are staying in their units for longer periods of time than they did a decade ago with over one-third of U.S. renters have lived in the same apartment for more than five years. (Mary Salmonsen, Multifamily Dive)
- Several U.S. regional and mid-sized banks continue to face the squeeze from high exposure to the commercial real estate sector that has been shaken by higher-for-longer interest rates and empty office buildings. (Reuters)
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
Blog Completes Seventeenth Year
January 07, 2025 —
Tred R. Eyerly - Insurance Law HawaiiInsurance Law Hawaii reaches the end of its seventeenth year this month. We began posting long ago, in December 2007.
We seek to keep readers apprised of developments in insurance-related cases from Hawaii and across the country. Coverage issues surrounding the Maui fires have been top of mind this year. We will continue posting on important coverage developments in the next year.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
New York's New Gateway: The Overhaul of John F. Kennedy International Airport
September 09, 2024 —
Aileen Cho - Engineering News-RecordOn the cusp of the 70th anniversary of the originally named New York Airport’s opening in Queens, N.Y., a blue-ribbon panel in 2017 released a report to the governor of New York: The facility, once popularly known as Idlewild Airport, needed a comprehensive master plan and a total transformation. In the seven years since, builders at John F. Kennedy International Airport have been anything but idle, and the speed at which that $19-billion transformation of the roads and terminals is occurring could be called wild.
Reprinted courtesy of
Aileen Cho, Engineering News-Record
Ms. Cho may be contacted at choa@enr.com
Read the full story...
The Ghosts of Tariffs Past May Help Us in the Future
January 07, 2025 —
Kellie Ros - ConsensusDocsThe havoc material tariffs have caused the construction industry is nothing new. President-Elect Donald Trump imposed heavy tariffs on steel and aluminum in his first administration in 2016. While the tariffs themselves were not wholly unexpected, the ripple effect of those tariffs (coupled with the impacts of the COVID-19 pandemic) caused unexpected challenges for the construction industry. Those included allocating the risk of the additional costs caused by tariffs, supply and demand issues, grappling with escalation clauses, and navigating fixed price projects. The industry must now utilize the lessons learned from the rear-view mirror to strategically prepare for what was promised to be a second round of tariffs come January 2025.
Tariffs’ Impacts on Material Prices Everywhere
New or increased tariffs have the potential to raise prices for a wide range of construction inputs. Based on simple supply and demand principles, this includes inputs produced domestically that compete with foreign imports. For example, if a 20% tariff is imposed on Chinese steel, contractors may look to procure Brazil or U.S. steel in an effort to cut their costs. Such a rush to those less-costly alternatives may result in a supply shortage or an increase in prices in the marketplace across the globe. This occurred in 2016 when material prices indirectly related to the inputs on which the tariffs were imposed even increased. Contractors may be well served to get ahead of anticipated price increases and purchase materials now or take other actions in negotiating contracts to protect themselves.
Read the full story...Reprinted courtesy of
Kellie Ros, Peckar & Abramson, P.C.Ms. Ros may be contacted at
kros@pecklaw.com
Procedural Matters Matter!
December 10, 2024 —
Suzanne M. Nicholson - Wilke FleuryAs an appellate practitioner, I am keenly aware that sometimes, a procedural matter can doom what would otherwise be a meritorious issue for appeal. Trial attorneys are well-advised to check and double-check procedural rules and case law governing the issues in their cases. Here’s a few recent developments to be aware of.
The record on appeal: electronic recordings now available in Santa Clara County.
It should not be news to anyone that it is the appellant’s burden to produce an adequate record for appeal. That includes not just the written submissions to the trial court, but also reporter’s transcripts of all proceedings that could have a substantive impact on your case. If you do not have a court reporter present for your hearing, you will be struck trying your best to get an agreed statement or a settled statement should the case go up on appeal. Believe me, that can be a serious challenge. Any omissions or deficiencies are going to result in presumptions made against the appellant.
Read the full story...Reprinted courtesy of
Suzanne M. Nicholson, Wilke FleuryMs. Nicholson may be contacted at
snicholson@wilkefleury.com
Summary Judgment for Insurer on Construction Defect Claim Reversed
January 07, 2025 —
Tred R. Eyerly - Insurance Law HawaiiThe Fifth Circuit reversed the district court's granting of summary judgment to the insurer on a construction defect claim asserted against the insured. TIG Ins. Co. v. Woodsboro Farmers Cooperative, 2024 U.S. App. LEXIS 24003 (5th Cir. Sept. 20, 2024).
In March 2013, Woodsboro Farmers Cooperative contracted with E.F. Erwin, Inc. to construct two Brock 105' diameter grain silos. Erwin hired subcontract AJ Constructors, Inc. (AJC) to construct the silos. Erwin was responsible for supervising the work.
Brock silos were kits shipped by the manufacturer and then assembled according to the manufacturer's manuals and specifications. The silos are constructed section by section. AJC began erecting the silos in May 2013 and completed its work in June or early July. Erwin occasionally inspected the work and found the silos were structurally sound and not defective. AJC left the job site after completing the assembly.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
ASCE Statement on Senate Passage of the Water Resources Development Act of 2024
August 12, 2024 —
Marsia Geldert-Murphey, President of the American Society of Civil EngineersWASHINGTON — The
American Society of Civil Engineers (ASCE) commends the Senate for passing S. 4367, the Thomas R. Carper Water Resources Development Act (WRDA) of 2024. Both the House and Senate versions of WRDA will help improve America's ports and inland waterways, enhance flood risk management and storm risk reduction programs, and prioritize ecosystem restoration. ASCE now urges Congress to swiftly conference and pass a final WRDA bill in the upcoming months.
The Senate version of WRDA includes key provisions that will help ensure the ongoing operation of America's inland waterways systems, which received a 'D+' on the
2021 Report Card for America's Infrastructure, including adjustments to the cost share requirements for rehabilitation projects that receive funding the Inland Waterways Trust Fund (IWTF). These changes will ensure the IWTF remains available for future projects to help reduce the backlog of inland waterways projects. This bill also creates a Levee Owners Advisory Board, which has the potential to improve communication between the U.S. Army Corps of Engineers, other federal agencies, and levee owners and operators.
Now that the House and Senate have passed their versions of WRDA, we encourage lawmakers to include several provisions included in the House version in their final conference bill. This includes the reauthorization of the National Dam Safety Program through 2028, provisions that reduce restrictions on the amount of funds states can receive in National Dam Safety Program State Assistance Grants; improves access to the High Hazard Potential Dam Rehabilitation Grant Program; and requires the incorporation of low-head dams into the National Inventory of Dams, and an extension of the National Levee Safety program through 2033.
ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS
Founded in 1852, the American Society of Civil Engineers represents more than 160,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org
Courthouse Reporter Series - How to Avoid Having Your COVID-19 Expert StrickenWith Trump's Tariff Talk, Time to Negotiate for Escalation Clauses in Construction ContractsWilke Fleury Attorney Featured in 2022 Best Lawyers in America and Best Lawyers: Ones To Watch!Party Cannot Skirt Out of the Very Fraud It PerpetratesBe Sure to Bring Up Any Mechanic’s Lien Defenses Early and OftenHuman Eye Resolution Virtual Reality for AECRepairs to Hurricane-damaged Sanibel Causeway Completed in 105 DaysWho is Responsible for Construction Defect Repairs?Retainage: What Contractors Need to Know and Helpful StrategiesConsult with Counsel when Preparing Construction LiensDon’t Miss the 2015 West Coast Casualty Construction Defect SeminarFEMA Fire Management Assistance Granted for the French FireWhether Subcontractor's Faulty Workmanship Is an Occurrence Creates Ambiguity More (and Simpler) Options Under New Oregon Retention LawWill a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?Property Damage to Non-Defective Work Is CoveredNewmeyer Dillion Secures Victory For Crown Castle In Years-Long Litigation With City Council Of Piedmont Over Small Cell Wireless Telecommunications SitesInsurer Fails to Establish Prejudice Due to Late NoticeContractors: Revisit your Force Majeure Provisions to Account for HurricanesMind Over Matter: Court Finds Expert Opinion Based on NFPA 921 Reliable Despite Absence of Physical TestingPotential Coverage Issues Implicated by the Champlain Towers CollapseCalifornia Rejects Judgments By Confession Pursuant to Civil Code Section 1132Wilke Fleury Attorneys Featured in “The Best Lawyers in America” & “Best Lawyers: Ones to Watch” 2025 EditionsA Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022$31.5M Settlement Reached in Contract Dispute between Judlau and the Illinois TollwayBeyond the COI: The Importance of an Owner's or Facilities Manager's Downstream Insurance Review ProgramDon’t Put Yourself In The Position Of Defending Against An Accord And Satisfaction DefenseCongratulations to Partner Nicole Whyte on Receiving the Marcus M. Kaufman Jurisprudence AwardInsured's Commercial Property Policy Deemed Excess Over Unobtained Flood PolicyNLRB Finalizes Rule for Construction Industry Unions to Obtain Majority Support Representational StatusReal Estate & Construction News Round-Up (11/02/22) – Flexible Workspaces, Sustainable Infrastructure, & Construction TechReroof Blamed for $10 Million in DamageGeneral Contractor’s Professional Malpractice/Negligence Claim Against Design ProfessionalColorado Abandons the “Completed and Accepted Rule” in Favor of the “Foreseeability Rule” in Determining a Contractor’s Duty to a Third Party After Work Has Been CompletedManhattan Luxury Condos Sit on Market While Foreign Buyers WaitTeam Temporarily Stabilizes Delaware River Bridge CrackConstruction of New U.S. Homes Declines on Plunge in SouthRental Assistance Program: Good News for Tenants and Possibly LandlordsModified Plan Unveiled for Chicago's Sixth-Tallest TowerAlaska Civil Engineers Give the State's Infrastructure a "C-" GradeHawaii Supreme Court Says Aloha to Insurers Trying to Recoup Defense Costs From PolicyholdersBrief Discussion of Enforceability of Anti-Indemnity Statutes in CaliforniaCalifornia Supreme Court Adopts Vertical Exhaustion for Long-Tail ClaimsMortar Insufficient to Insure Summary Judgment in Construction Defect CaseLouisiana Politicians Struggle on Construction Bills, Hospital RedevelopmentLanguage California Construction Direct Contractors Must Add to Subcontracts Beginning on January 1, 2022, Per Senate Bill 727Smart Cities Offer New Ideas for ConnectivityADA Lawsuits Spur Renovation Work in Fresno AreaSB 721 – California Multi-Family Buildings New Require Inspections of “EEEs”Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation AreasDesign & Construction Case Expands Florida’s Slavin Doctrine 
