Newmeyer Dillion Announces Jason Moberly Caruso As Its Newest Partner
February 01, 2021 —
Newmeyer DillionProminent business and real estate law firm Newmeyer Dillion is pleased to announce that Newport Beach attorney
Jason Moberly Caruso has been elected to partnership.
"Jason has continually shown himself to be a gifted attorney, both in his ability to expand the firm's offerings in land use, environmental law, and the firm's growing appellate practice, as well as in his exceptional approach to client service," said the firm's Managing Partner, Paul Tetzloff. "His positive presence is felt wherever he goes, and we're honored to have him join the firm's partnership."
Caruso focuses his practice on various aspects of "contaminated sites" environmental legal work, complex litigation, and appellate matters. He counsels and represents current and former facility owners and operators in state and federal proceedings, administrative actions, cost recovery cases, and non-litigation site remediation situations. The litigated matters frequently involve the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and its parallel California Hazardous Substances Account Act (HSSA). When clients must go to court, Caruso applies his significant experience in complex state and federal litigation over a broad range of substantive areas, including environmental, business, real estate, construction, and products liability. His experience extends from pre-litigation through trial and post-trial proceedings.
Caruso's practice also includes a special emphasis on appellate matters. Caruso has briefed and argued multiple appeals in the state and federal courts, obtaining victories for clients in general appellate and extraordinary writ proceedings. Caruso has prosecuted and defended appeals involving the firm's existing cases and clients, but has also been engaged by outside clients after the conclusion of trial court proceedings.
An active member of the community, Caruso serves as a mock trial attorney coach for University High School through the Constitutional Rights Foundation Orange County (CRF-OC) and as a member of CRF-OC's Board of Directors. He also serves as a member and secretary of the Orange County Bar Association's Professionalism & Ethics Committee, and is a member of the executive committee of the William P. Gray Legion Lex Inn of Court. Caruso is also committed to pro bono work, endeavoring always to be representing at least one pro bono client via Orange County's Public Law Center.
Caruso earned his B.A., cum laude, from the University of Southern California, and his J.D., cum laude, from the University of California, Hastings College of Law.
About Newmeyer Dillion
For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 65 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com.
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Defective Concrete Blocks Spell Problems for Donegal Homeowners
October 30, 2013 —
CDJ STAFFA number of recently built homes in Donegal, Ireland are suffering from crumbing cement blocks used in the construction. This was previously seen in homes in the Leinster Region, and seems to be more widespread than previously thought.
Damien McKay, an engineer who specializes in building litigation noted that the blocks started cracking about five years after the homes were constructed. In some cases, “the actual concrete blocks beneath the plaster can be easily broken and in some occasions with as little effort as rubbing with your fingers.”
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New FAR Rule Mandates the Use of PLAs on Large Construction Projects
October 10, 2022 —
Reggie Jones - ConsensusDocsThe Federal Acquisition Regulatory Council recently published a proposed ruled that, once implemented, will require the use of project labor agreements (PLAs) on federal construction projects with a contract value of $35 million or greater. The proposed rule revokes President Obama’s Executive Order 13502 and implements an Executive Order 14063 (E.O. 14063) issued on February 9, 2022. E.O. 14063 addresses the use of PLAs in the government contracts. Under the current Federal Acquisition Regulation (FAR), the use of PLAs on “large-scale construction projects” is discretionary. The new rule proposed by the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) revises the FAR contract clauses making the use of PLAs mandatory.
Under the proposed rule, contractors performing “large-scale construction projects” will be required to “negotiate or become a party to a [PLA] with one or more appropriate labor organizations.” FAR 52.222-33. A PLA is in essence a collective bargaining agreement between a local trade union and contractor that governs employment terms, including wages and benefits, for union and non-union workers. Although the PLA mandate only applies to large-scale construction projects with the contract value of $35 million and more, under the proposed rule, agencies have the option to include the PLA requirement for construction projects that are under the $35 million threshold. The proposed rule also sets out a flow-down requirement, which means that subcontractors working on a large-scale project must likewise be familiar with and comply with terms of the PLA negotiated by a prime contractor.
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Reggie Jones, Fox Rothschild LLP (ConsensusDocs)Mr. Jones may be contacted at
rjones@foxrothschild.com
New York State Legislature Reintroduces Bills to Extend Mortgage Recording Tax to Mezzanine Debt and Preferred Equity
March 15, 2021 —
Steven E. Coury & Marissa Levy - White and WilliamsCompanion bills in the New York State Legislature, Assembly Bill No. A3139 and Senate Bill No. S3074, if enacted, would subject mezzanine loans and preferred equity investments to the same recording and taxation requirements placed on mortgages.
The bills were reintroduced last month after similar bills (S7231/A9041) were introduced in the 2019-2020 legislative session. The prior bills died in committee when last year’s legislative session adjourned.
As discussed in our prior alert, the proposed bills would require: (1) a financing statement evidencing any mezzanine debt and/or preferred equity investments related to real property to be filed in the county in which the real property is located and (2) a recording tax, at the same rate as the applicable mortgage recording tax rate (2.80% for commercial mortgages over $500,000 in New York City), to be imposed on the amount of the debt and/or investment at the time the financing statement is filed. The bills contain a limited carve-out for owner-occupied residential cooperatives.
Reprinted courtesy of
Steven E. Coury, White and Williams and
Marissa Levy, White and Williams
Mr. Coury may be contacted at courys@whiteandwilliams.com
Ms. Levy may be contacted at levmp@whiteandwilliams.com
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No Coverage for Faulty Workmanship Causing Property Damage to Insured's Product Only
October 07, 2016 —
Tred R. Eyerly – Insurance Law HawaiiThe Nebraska court found there was no coverage for rebar that did not meet specifications and did not cause property damage to other portions of the construction project. Drake-Williams Steel, Inc. v. Cont'l Cas. Co., 2016 Neb. LEXIS 116 (Neb. Aug. 5, 2016).
The general contractor was hired by the city to build an arena. Drake-Williams Steel, Inc. (DWS) was hired to supply rebar for the arena. The rebar was improperly bent when it was fabricated by DWS and did not conform to the terms of the contract. The rebar was incorporated into three components of the arena: the columns, the grade beams, and the pile caps. The pile caps were made of concrete with reinforcing rebar and were installed below ground level on top of the concrete piles that extended to the bedrock. The grade beams were also made of concrete and rebar. The beams formed an oval around the arena and connected different pile caps together and were also installed below ground level. No corrections were made to the grade beams.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Corps of Engineers to Prepare EIS for Permit to Construct Power Lines Over Historic James River
May 01, 2019 —
Anthony B. Cavender - Gravel2GavelOn March 1, the U.S. Court of Appeals for the District of Columbia decided National Parks Conservation Assoc. v. Todd T. Simonite, Lieutenant General, et al. The case involves an application to the U.S. Army Corps of Engineers (Corps) for a construction permit to build electric power lines over the “historic James River, from whose waters Captain John Smith explored the New World.”
The Corps concluded after reviewing the thousands of comments submitted to it in connection with this application, and after considering the views of several government agencies and conservation groups, that an Environment Impact Statement (EIS) was not required, and that its Environmental Assessment assured the Corps that the project would not result is significant environmental impacts. The Court of Appeals has concluded that, based on this evidence, the Corps’ refusal to prepare an EIS thoroughly discussing all these points was arbitrary and capricious. The Corps has been ordered to prepare the EIS and to take special note of its obligations under the National Environmental Protection Act (NEPA), the Clean Water Act (CWA) and its obligations under the National Historic Preservation Act.
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Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com
Insurer's Motion to Dismiss Complaint for Collapse Coverage Fails
March 22, 2018 —
Tred R. Eyerly.- Insurance Law HawaiiThe insurer's motion for summary judgment seeking dismissal of the insured's claim for collapse coverage was rejected by the Supreme Court of New York. Parauda v. Encompass Ins. Co. of Am., 2018 N.Y. Misc. LEXIS 269 (N.Y. Sup. Ct. Jan. 25, 2018).
The insureds submitted a claim to Encompass for damage to the brick siding, or façade, of their home, which was bulging near the front door. Encompass hired H2M Architects and Engineers to inspect the home and issue a report. H2M determined that the brick façade near the front door was separated from the house. Photos showed that the bricks had separated, the mortar joints were cracked, and there were cracks and deterioration in the mortar. H2M concluded that the brick façade was in poor condition and need repairs and/or replacement. H2M concluded that the separation of the brick façade was caused by water infiltration behind the wood trim and brick façade, occurring over a several year period. Encompass denied the claim based upon exclusions for "freezing, thawing," "wear and tear," and "inadequate maintenance."
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Conspirators Bilked Homeowners in Nevada Construction Defect Claims
March 28, 2012 —
CDJ STAFFCourthouse News has a summary of the current lawsuit over a Nevada conspiracy to defraud homeowners by taking control of homeowner boards and then providing inadequate repairs. Homeowners in eight Las Vegas area communities are involved in the suit, which claims that the conspirators purchased units in the communities and then transferred fractional interests to others to allow them to run for HOA board elections. The suit claims that David Amesbury and his firm helped manipulate the elections.
Once homeowner boards were controlled by the conspirators, Nancy Quon, the construction defect attorney whose recent death appears to be by suicide, handled the litigation against homebuilders. She would settle out of court, engaging Silver Lining Construction to “do very minor and superficial repairs” to the homes. The remainder of the money was split by the conspirators. The suit also notes that the construction defect claims were “frivolous,” and?in addition to the negative publicity?caused the homes to lose at least 5% of their value.
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