ANAHEIM CALIFORNIA BUILDING CONSULTANT
DIRECTORY AND CAPABILITIES

Nuclear Fusion Pushes to Reach Commercial Power Plant Stage

August 05, 2024 — Mary B. Powers, Debra K. Rubin, Peter Reina & David Godkin - Engineering News-Record
The quest to develop nuclear fusion—the process that energizes the sun and other stars—as an earth-based power source dates back more than a century when Albert Einstein and other scientists theorized how enormous amounts of energy could be produced when atoms fuse. That research was partly diverted for wartime weapons priorities but later targeted to develop fusion for commercial-scale energy—what sector proponents have called the “holy grail” for decades since. Reprinted courtesy of Mary B. Powers, Engineering News-Record, Debra K. Rubin, Engineering News-Record, Peter Reina, Engineering News-Record and David Godkin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Mr. Reina may be contacted at reina@btinternet.com Read the full story...

---

Additional Insured is Loss Payee after Hurricane Damage

October 01, 2024 — Tred R. Eyerly - Insurance Law Hawaii
Construing the policy language, the federal district court found that the policy's additional insured was the loss payee for damage caused by Hurricanes Laura and Delta. TCP Ryan St. LLC v. Weschester Surplus Lines Ins. Co., 2024 U.S. Dist. LEXIS 125529 (W.D. La. July 16, 2024). Hurricanes Laura and Delta caused damage to TCP Ryan Street, LLC's (TCP) property. Westchester had issued a policy to MRI Heritage Brand, Inc. (MRI). MRI, as lessee, was obligated pursuant to the lease terms to "purchase and maintain . . . a policy of fire, extended coverage, vandalism and malicious mischief (or 'all risk') insurance coverage on all real property situated at the Lease Premises." The lease also required MRI to obtain coverage under a policy naming only the landlord as the sole insured and provided that the proceeds would be payable to the landlord. The policy provided that no entity was covered unless Westchester had received identifying information for the entity during the application process or the entity was added by endorsement. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

Insurers' Motion to Determine Lack of Occurrence Fails

August 19, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The federal district court, interpreting Massachusetts law, found there were genuine issues of fact as to whether the insured's mixing of biodiesel with home heating fuel was an occurrence. United States Fire Ins. Co. v. Peterson's Oil Serv., Inc., 2024 U.S. Dist. LEXIS 106980 (D. Mass. June 17, 2024). Homeowners sued Peterson's Oil Service, alleging that Peterson sold them fuel for home heating which contained more that 5% biodiesel. The homeowners further alleged that fuel containing more than 5% biodiesel did not meet industry standards and caued damage to their home heating equipment. Peterson allegedly did not fully disclose the presence of biodiesel in their fuel, despite knowing the risk posed by high-biodiesel blended fuel. The insurers, United States Fire Insurance Company and The North River Insurance Company, defended Peterson under a reservation of rights. United States Fire issued priomary policies with limits of $1,000,000 per occurrence and $2,000,000 as a general aggregate limit. An endorsement titled "Limited Coverage - Failure to Supply" limited the amount covered for "property damage arising out of the failure of any insured to adequately supply gas, oil, water, electricty or steam" to $250,000. North River issued umbrella policies with additional coverage in the amount of $15,000,000 per occurrnce and in the aggregate if property damage was caused by an occurrence. The umbrella policies also contained a "Failure to Supply Exclusion" which excluded coverage for "property damage arising out of the failure of an insured to adequately supply gas, oil, water, electricty or steam." Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

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.

1. 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

---

How Finns Cut Construction Lead Times in Half

December 17, 2024 — Aarni Heiskanen - AEC Business
Rakennustieto organized a Q&A on December 5, 2024, titled “Halving Construction Lead Times—Responsible or Irresponsible?” The discussion focused on speeding up residential construction and renovations. The experts answering questions were representatives from two Finnish contractors (COfLOW and Fira), a client organization (HOAS), a building materials retailer (STARK), and a research institute. Can you halve construction lead time without sacrificing quality? Jaana Matilainen of Rakennustieto asked the panelists whether halving construction time is a realistic goal today, whether they can provide any examples, and if the speed-up has increased or decreased quality. Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

---

Newport Beach Attorneys John Toohey and Nick Rodriguez Receive Full Defense Verdict

July 31, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara is pleased to report that Partner John Toohey and Senior Associate Nicholas Rodriguez received a complete defense verdict after a 5-week jury trial in Orange County Superior Court. The case involved a multimillion-dollar home in Orange County. Plaintiff had originally suffered a water loss throughout areas of the home. Our client, an Orange County restoration and construction company, was hired to provide on-going estimates and perform demolition. Plaintiff claimed that, in the course of the demolition process, asbestos containing material was disturbed and spread resulting in contamination throughout home. Plaintiff claimed contractor negligence and breach of contract against our client. Plaintiff sought millions against our client in general and special damages for whole home restoration and other related general damages. The jury found in complete favor of our client on all allegations and awarded zero dollars to the opposing party. Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

---

San Francisco Office Secures Defense Verdict in Legal Malpractice Action

November 25, 2024 — Lewis Brisbois Newsroom
San Francisco, Calif. (October 31, 2024) - After a ten-day jury trial in San Francisco Superior Court, Partner Alex Graft recently secured a defense verdict in a legal malpractice action arising out of underlying litigation with the claimants’ homeowners association. The claimants alleged his client attorneys negligently advised them that the terms of the settlement agreement would result in the creation of a so-called independent board of directors for the homeowners association. It did not come to fruition. After the attorneys withdrew, they sued for their outstanding fees, which elicited a cross-complaint alleging malpractice, breach of fiduciary duty, breach of contract and negligent misrepresentation. Read the full story...
Reprinted courtesy of Lewis Brisbois

---

Surprising Dismissal of False Claims Act Case Based on Appointments Clause - What Does It Mean?

October 15, 2024 — Steven H. Lee - Lewis Brisbois Newsroom
Atlanta, Ga. (October 1, 2024) - In a surprising turn of events, the U.S. District Court for the Middle District of Florida recently dismissed a False Claims Act (FCA) lawsuit brought by relator Clarissa Zafirov against Florida Medical Associates, LLC, and other defendants. U.S. District Judge Kathryn Kimball Mizelle ruled that the FCA’s qui tam provisions, which allow private individuals to bring lawsuits on be
White and Williams recognized with Multiple Honorees in the Chambers 2023 USA Guide

The Five-Step Protocol to Reopening a Business

House Passes Bill to Delay EPA Ozone Rule

Four Dead After Crane Collapses at Google’s Seattle Campus

The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy

California to Require Disclosure of Construction Defect Claims

Following Mishaps, D.C. Metro Presses on With Repairs

Real Estate & Construction News Round-Up 04/06/22

The Econo
Hawaii Court Looks at Changes to Construction Defect Coverage after Changes in Law

How to Remove a Mechanics Lien from Your Property

Being the Bearer of Bad News (Sounding the Alarm on Construction Issues Early and Often) (Law Note)

Denver Parking Garage Roof Collapses Crushing Vehicles

Insurance Alert: Insurer Delay Extends Time to Repair or Replace Damaged Property

New York Court Finds No Coverage Owed for Asbestos Losses Because Insured Failed to Prove Material Terms

Tighter Requirements and a New Penalty for Owners of Vacant or Abandoned Storefronts in San Francisco

New York Court of Appeals Finds a Proximate Cause Standard in Additional Insured Endorsements

Dangerous Condition, Dangerous Precedent: California Supreme Court Expands Scope of Dangerous Condition Liability Involving Third Party Negligent/Criminal Conduct

Barratt Said to Suspend Staff as Contract Probe Continues

Insurer’s Attempt to Shift Cost of Defense to Another Insurer Found Void as to Public Policy

Fed. Judge Blocks Release of Records on FIU Bridge Collapse, Citing NTSB Investigation

Delaware Strengthens Jurisdictional Defenses for Foreign Corporations Registered to Do Business in Delaware

Watch Your Step – Playing Golf on an Outdoor Course Necessarily Encompasses Risk of Encountering Irregularities in the Ground Surface

WSHB Expands into the Southeast

Utilities’ Extreme Plan to Stop Wildfires: Shut Off the Power

Wildfire Risk Scores and Insurance Placement: What You Should Know

Homebuilder Predictions for Tallahassee

California’s Prompt Payment Laws: Just Because an Owner Has Changed Course Doesn’t Mean It’s Changed Course on Previous Payments

Warranty of Workmanship and Habitability Cannot Be Disclaimed or Waived Under Any Circumstance

Insurer's Summary Judgment Motion on Business Risk Exclusions Fails

New York Considers Amendments to Construction Industry Wage Laws that Would Impose Significant Burden Upon Contractors

No Coverage For Construction Defects Under Alabama Law

Another Colorado City Passes Construction Defects Ordinance

Are Millennials Finally Moving Out On Their Own?

Incorrect Information Provided on Insurance Application Defeats Claim for Coverage

“Freelance Isn’t Free” New Regulations Adopted in New York City Requiring Written Contracts with Independent Contractors

Legal Matters Escalate in Aspen Condo Case

Beyond the Statute: How the Colorado Court Upheld Modified Accrual in Construction Contracts

Former Mayor Arrested for Violating Stop Work Order

Hawaii Federal District Court Denies Motion for Remand

Flood Sublimits Do Not Apply to Loss Caused by Named Windstorm

Are “Green” Building Designations and Certifications Truly Necessary?

Mitigation, Restructuring and Bankruptcy: Small Business Tools in the Era of COVID-19

OH Supreme Court Rules Against General Contractor in Construction Defect Coverage Dispute

Around the State

Lien Waivers Should Be Fair — And Efficient

Traub Lieberman Attorneys Recognized as 2021 New York – Metro Super Lawyers®

Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results

Statutory Bad Faith and an Insured’s 60 Day Notice to Cure

Greg Dillion & Newmeyer Dillion Named 2019 Good Scout Award Recipient

Insurance Coverage for COVID-19? Two N.J. Courts Allow Litigation to Proceed

Transplants Send Nashville Home Market Upwards

Colorado Requires Builders to Accommodate High-Efficiency Devices in New Homes

Federal District Court Dismisses Property Claim After Insured Allows Loss Location to Be Destroyed Prior to Inspection

Florida's New Pre-Suit Notification Requirement: Retroactive or Prospective Application?

NY Attorney General to Propose Bill Requiring Climate Adaptation for Utilities

Homeowner Sues Brick Manufacturer for Spalling Bricks

Investing in Metaverse Real Estate: Mind the Gap Between Recognized and Realized Potential

Builder Waits too Long to Dispute Contract in Construction Defect Claim