Nevada Bill Would Bring Changes to Construction Defects
February 21, 2013 —
CDJ STAFFIf Nevada Senate Republicans get there way, changes are afoot for construction defect law in Nevada. Senate Minority Leader Michael Roberson has introduced a bill that, according to the Las Vegas Sun, “redefines what constitutes a construction defect, reduces the time in which lawsuits can be filed, and removed automatic awarding of attorney fees.” Roberson notes that over the last six years, construction defect claims have more than tripled.
Read the court decisionRead the full story...Reprinted courtesy of
Gardeners in the City of the Future: An Interview with Eric Baczuk
July 08, 2019 —
Aarni Heiskanen - AEC BusinessI had the pleasure of interviewing Eric Baczuk, Designer at Google. We discuss his views on the future urban experience and design. We also touch on Sidewalk Labs of which Eric was a founding team member.
What are you working on currently?
I lead a design team imagining future of communication and thinking about possibilities for what–if anything–might replace the smartphone in our daily lives. What could be the next affordance or device that could offer us a more seamless interface with the digital world?
Can you be more specific about the interfaces?
It’s really just imagining a future with digital interfaces that might be a bit more natural and more humane than what is currently available. In many ways, I think the phone has monopolized social life. You see people standing on the street, for example, waiting for the bus, and 99 percent will have their noses glued to their phones. I think it’s quite anti-social, and in some ways, prevents the friendly, serendipitous encounters that used to be so characteristic of urban living.
Read the court decisionRead the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Contractors Battle Bitter Winters at $11.8B Site C Hydro Project in Canada
October 30, 2023 —
Jonathan Keller & Scott Blair - Engineering News-RecordHalf the year spent in bone-aching cold. Soils frozen hard as concrete. Mountains of snow. A seemingly unending flow of machinery, workforce and earthen material to and from the site. A temporary city to house thousands of workers for nearly a decade. Wildfires encroaching dangerously close. Working under the ever-watchful eyes of regulators, stakeholders and environmentalists.
Reprinted courtesy of
Jonathan Keller, Engineering News-Record and
Scott Blair, Engineering News-Record
Mr. Keller may be contacted at kellerj@enr.com
Mr. Blair may be contacted at blairs@enr.com
Read the full story... Read the court decisionRead the full story...Reprinted courtesy of
South Carolina Supreme Court Finds that Consequential Damage Arise From "Occurrence"
October 10, 2013 —
Tred Eyerly — Insurance Law HawaiiThe South Carolina Supreme Court held that continuing damage that was part of a continuum of property damage constituted an "occurrence." Auto-Owners Ins. Co. v. Rhodes, 2013 S.C. LEXIS 248 (Sept. 25, 2013).
Rhodes hired Eadon to design, fabricate, and erect three outdoor advertising signs on Rhodes' property bordering an interstate highway. After the signs were erected, one fell across the highway, blocking both lanes of southbound traffic. The state Department of Transportation ordered Rhodes to remove the remaining two signs and revoked Rhodes' permit to maintain signs on the property.
Rhodes sued Eaton. Eaton's insurer, Auto-Owners, filed a declaratory judgment action to determine whether there was coverage under the CGL policy. The trial court found the sign falling on the interstate constituted an "occurrence" that resulted in damages beyond the defective work to property other than the defective work itself.
Read the court decisionRead the full story...Reprinted courtesy of
Tred EyerlyTred Eyerly can be contacted at
te@hawaiilawyer.com
Newmeyer & Dillion Announces Three New Partners
March 16, 2017 —
Newmeyer & Dillion LLPNEWPORT BEACH, Calif. – FEBRUARY 7, 2017 – Prominent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that three of the firm’s attorneys – Ben Ammerman, Anne Kelley and Rondi Walsh – have been elected to partnership. Their promotions are effective immediately.
“The elevation of these three attorneys is a testament to their leadership, hard work, and unwavering commitment to superior service for our clients and the firm,” proclaimed Jeff Dennis, Newmeyer & Dillion’s Managing Partner. “This is an exciting time for the firm as we look forward to their continued success and contributions.”
Ammerman (based in Newport Beach, CA) focuses his practice in the areas of business, real estate, and tort litigation. In addition to his private practice, Ammerman presently serves as a Commander in the Navy Reserve Judge Advocate General’s Corps. He's also an active alumnus, currently named co-chair of the University of Southern California’s 20th Reunion Committee.
Kelley (based in Walnut Creek, CA) concentrates primarily in construction litigation and insurance coverage matters. She has over 12 years of experience working closely with builders, developers, contractors and subcontractors throughout Northern California developing legal strategies specific to the needs of each matter and the client’s business and goals. Kelley has litigated a wide variety of complex insurance coverage disputes.
Walsh (based in Newport Beach, CA) has incorporated into her practice the representation of policyholders in first and third-party insurance coverage, and business lawsuits involving contracts, property disputes, products liability and construction defect issues. She also has litigated numerous political and election law matters and has worked both professionally and as a volunteer on numerous political campaigns. Walsh is also an active member with the National Charity League.
About Newmeyer & Dillion
For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client’s needs. 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 have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949-854-7000 or visit www.ndlf.com.
Read the court decisionRead the full story...Reprinted courtesy of
Alleged Serious Defects at Hanford Nuclear Waste Treatment Plant
August 26, 2015 —
Beverley BevenFlorez-CDJ STAFFAccording to the Los Angeles Times, “A team of nuclear waste experts has found hundreds of serious defects at an Energy Department plant designed to turn millions of gallons of highly radioactive sludge into more stable solid glass at the former weapons facility in Hanford, Wash.” The report from 2014 was leaked, and stated that the “partially built facility is riddled with 362 ‘significant design vulnerabilities’ that could affect safety and future operations.” Thirty-seven experts led by two senior managers created the report.
The Los Angeles Times reported that the report findings “are significant because the plant is part of the Energy Department’s 2013 initiative to fix earlier problems that stalled construction of other parts of the treatment system at Hanford, the site of the nation’s worst radioactive contamination.”
Read the court decisionRead the full story...Reprinted courtesy of
Of Pavement and Pandemic: Liability and Regulatory Hurdles for Taking It Outside
September 21, 2020 —
Jeff Clare - Gravel2Gavel Construction & Real Estate Law BlogAs the COVID-19 pandemic continues to ravage the U.S. economy, restaurateurs and bar owners are feeling the brunt of business closures and adaptations necessary to combat the disease. Where cozy and intimate dining was once de rigueur for the restaurant industry, these businesses must now shift to outdoor dining with adequate space and airflow between parties. In response to these concerns, many cities across the country who once fought against the loss of any parking have turned to a post-automobile tactic: outdoor dining in thoroughfares and parking lots. While at first glance it might seem a simple enough prospect—throw some chairs and a table out front, and voilà—property owners and restaurateurs must remain cognizant of various liability and regulatory hurdles for operating outside.
With Great Space Comes Great … Potential Liability.
One of the largest concerns for landowners in operating in a new space for business is liability. Who is on the hook if someone gets hurt dining in an impromptu dining space in a parking lot? Prior to beginning new outdoor dining operations, landowners and restaurateurs should contact their insurance providers to ensure that the new space is included in their insurance coverage. This is a particular concern for larger commercial landowners who may have various businesses vying to use their parking lot for business. Many leases have carefully crafted clauses limiting where a business may operate and where their liability ceases. Landowners and business owners should review their leases for any such clauses and negotiate with one another to ensure that liability in these new spaces is clearly defined.
Read the court decisionRead the full story...Reprinted courtesy of
Jeff Clare, PillsburyMr. Clare may be contacted at
jeff.clare@pillsburylaw.com
Five Construction Payment Issues—and Solutions
October 03, 2022 —
Michael Bignold - Construction ExecutiveSales are important for construction companies that want to succeed. However, while companies certainly need to spend time on sales and marketing, having a full order book is only part of the equation. They still need to do the work and, even more importantly, they need to be able to collect payment from customers.
Here are common payment issues in the construction industry and what leaders can do to prevent or mitigate them.
1. Change Order Disputes
If a project goes exactly as planned and quoted, billing the customer is a fairly simple matter. However, it’s very rare that any job goes exactly according to the quote in the construction business. Change orders, omissions and additions are typical on jobs of any size across the industry. If contractors are not handling those changes properly by getting everything in writing, they could be in trouble when the time comes to send invoices.
Reprinted courtesy of
Michael Bignold, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the court decisionRead the full story...Reprinted courtesy of