Columbus Ohio Building Expert Directory

Colorado Legislative Update: HB 20-1155, HB 20-1290, and HB 20-1348

August 03, 2020 — Jean Meyer - Colorado Construction Litigation
This year’s Colorado State Legislative session was cut short. However, in the period of time Colorado’s Legislature was in session, it passed and evaluated important legislation for Colorado homebuilders. This article highlights relevant legislation for Colorado homebuilders. 1. HB 20-1155 This Bill creates new requirements on new homebuilders to offer renewable energy systems to the buyer of a new home. Specifically, the Bill requires homebuilders to offer each of the following:

A solar panel system, a solar thermal system, or both;
Prewiring or pre-plumbing for the above solar systems; and,
A chase or conduit for future installation of such systems.

The Bill further requires Colorado homebuilders to offer homebuyers one of the following:

An electric vehicle charging system;
Prewiring for the future installation for such a system; or,
A plug-in receptacle in a place accessible to a vehicle parking area.

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Reprinted courtesy of Jean Meyer, Higgins, Hopkins, McLain & Roswell, LLC
Mr. Meyer may be contacted at meyer@hhmrlaw.com

PFAS: From Happy Mistake to Ubiquity to Toxic Liability (But is there coverage?)

March 14, 2022 — Michael S. Levine & Rachel E. Hudgins - Hunton Andrews Kurth
In 1938, a DuPont chemist’s experiment yielded not—as he first thought—a lumpen, waxy mistake, but a new chemical with remarkable properties: heat-resistance, chemical stability, and low surface friction. Decades of continuing experimentation yielded a class of chemicals with the capacity to make non-stick, water-resistant coatings. In time, these chemicals, per- and polyfluoroalkyl substances (PFASs), would become a major component in thousands of consumer goods: food packaging, non-stick cookware, waterproof clothing, paint, stain-resistant carpets and furniture, and firefighting foams. The discovery of the toxicity of these remarkable chemicals lagged behind the widespread adoption, but eventually yielded a moniker that reflected PFAS’s stability and longevity: “Forever Chemicals.” In October 2021, the Biden administration announced a plan to address, among other concerns, PFAS’s migration to drinking water sources. EPA Administrator Michael S. Regan debuted the plan in Raleigh, North Carolina alongside Governor Roy Cooper. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Rachel E. Hudgins, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Ms. Hudgins may be contacted at rhudgins@HuntonAK.com Read the court decision
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Construction Termination Part 3: When the Contractor Is Firing the Owner

August 07, 2023 — Melissa Dewey Brumback - Construction Law in North Carolina
Last week we discussed an Owner terminating a Contractor “for cause.” Today, it’s time for a 180: what is your role as the architect when the Contractor is quitting? First, be aware that there are valid reasons for a contractor to quit within the contract itself. Most of these have to do with either (a) time delays/stand stills or (b) failure of the Owner to make payments as required. The Contractor can suspend or terminate a contract with the Owner for cause, provided a 7 day written notice is given to Owner and Architect. See A201§14.1.3. (This can be an email notice as all AIA notice clauses now allow). Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
Ms. Brumback may be contacted at mbrumback@rl-law.com

Energy Efficiency Ratings Aren’t Actually Predicting Energy Efficiency

February 07, 2022 — Ryan Hesketh - Bloomberg
There’s a secret dogging British buildings with some of the most coveted environmental ratings: On paper they’re green, but scratch the surface and they’re red hot. Buildings that have received the highest rating in the U.K. — an A Energy Performance Certificate — use more energy than some of their peers rated C, D, E or even F. This disparity between how buildings are designed and what their actual emissions are is widespread in the U.K., according to recent findings from the Better Buildings Partnership, which analyzed 2020 self-reported energy data provided for more than 1,100 commercial properties. It found that commercial buildings regularly use more energy than their sterling eco-friendly labels would suggest. In fact, the analysis finds, the ratings are so far off that the median energy intensity for all B-rated buildings is higher than for C-rated buildings. Read the court decision
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Reprinted courtesy of Ryan Hesketh, Bloomberg

A Retrospective As-Built Schedule Analysis Can Be Used to Support Delay

May 23, 2022 — David Adelstein - Florida Construction Legal Updates
Delay claims are part of construction. There should be no surprise why. Time is money. A delay claim should be accompanied by expert opinions that bolster evidence that gets introduced. The party against whom the delay claim is made will also have an expert – a rebuttal expert. Not surprisingly, each of the experts will rely on a different critical path as to relates to the same project. The party claiming delay will rely on a critical path that shows the actions of the other party impacted their critical path and proximately caused the delay. This will be refuted by the opposing expert that will challenge the critical path and the actions claimed had no impact on the critical path (i.e., did not proximately cause the delay). Quintessential finger pointing! This was the situation in CTA I, LLC v. Department of Veteran Affairs, CBCA 5826, 2022 WL 884710 (CBCA 2022), where the government terminated the contractor for convenience and the contractor claimed equitable adjustments for, among other things, delay. The contractor’s expert relied on an as-built critical path analysis by “retrospectively creating updates to insert between the contemporaneous updates.” Id., supra, n.3. The government’s expert did not do a retrospective as-built analysis and relied on only contemporaneous schedule updates. Id. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Construction defect firm Angius & Terry moves office to Roseville

January 09, 2013 — CDJ STAFF
The law firm Angius & Terry LLP has closed its office on River Park Drive in Sacramento and opened a Roseville office that will allow for growth. The new office at 3001 Lava Ridge Court provides more usable space in a nice area for less money, said Brad Epstein, a local partner with the firm. Five attorneys and three staff moved to the new space in Roseville on Jan. 2. “It can house three additional attorneys — and we plan to grow,” Epstein said. The firm specializes in construction defect litigation and general corporate work for community associations. There are about 800 community associations in the Sacramento area and a handful of small firms that divvy up the work. “Condominium developments and homeowners’ associations never die and always have legal issues,” Epstein said. Angius & Terry has a total of 20 lawyers in six offices, four in California and two in Nevada. Besides Roseville, the firm has offices in Walnut Creek, Manteca, Newport Beach, Reno and Las Vegas. Read the court decision
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Nonparty Discovery in California Arbitration: How to Get What You Want

March 02, 2020 — Leilani E. Jones - Payne & Fears
This article was originally published for the Association of Business Trial Lawyers (ATBL) Report, Volume XX, No. 3, Winter 2018 by attorney Leilani L. Jones. Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions, and after initiating a demand. While arbitration can in many respects streamline the civil discovery process, one of the largest roadblocks for cases in California arbitrations is “streamlining” discovery from nonparties. This article explores the challenges presented by third party discovery in arbitration, and proposes strategies for obtaining such discovery efficiently and expeditiously. Alternative dispute resolution tends to make sense to most businesses implementing preventive measures for future litigation. Clients, lawyers, and judges can generally agree that arbitration is the more “cost-effective” way to resolve disputes, especially in California. While arbitration is theoretically a lowcost option for dispute resolution, almost all parties (particularly the party defending) bristle at climbing expenditures during discovery. This is all despite the perception of more “streamlined” processes in arbitrations. On balance, arbitrators, employing less formal procedures for discovery disputes, can typically cut to the chase faster than a civil judge. Parties often resolve issues via letter brief and telephonic hearing, if necessary, instead of formal noticed motions with accompanying separate statements. The Judicial Arbitration and Mediation Services, Inc.’s (“JAMS”) own “Arbitration Discovery Protocols” specifically “ensure that an arbitration will be resolved much less expensively and in much less time than if it had been litigated in court.” Accessed at https:// www.jamsadr.com/arbitration-discovery-protocols. Read the court decision
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Reprinted courtesy of Leilani E. Jones, Payne & Fears
Ms. Jones may be contacted at llj@paynefears.com

No Trial Credit in NJ Appellate Decision for Non-Settling Successive Tortfeasors – Must Demonstrate Proof of Initial Tortfeasor Negligence and Proximate Cause

January 11, 2021 — Kevin C. Cottone, Robert Wright, & Monica Doss - White and Williams LLP
Where an initial tortfeasor settles in a successive negligence case, the non-settling tortfeasors do not get a credit at trial, says the New Jersey Appellate Division. The court held in Glassman v. Friedel [1], that non-settling successive tortfeasors are not entitled to a pro tanto credit after the initial tortfeasor settles and its negligence is undetermined. Rather, successive tortfeasors have the burden at trial to demonstrate that (1) the initial tortfeasor was negligent, and (2) the initial tortfeasor’s negligence was the proximate cause of the second event. In Glassman, the plaintiff, as executor of his deceased wife’s estate, sued a restaurant and property owner of the site where his wife fell and fractured her ankle. Afterwards, the plaintiff added defendants including the doctors and the medical center that cared for his wife after she fractured her ankle. The plaintiff alleged that they had been negligent during his wife’s surgery, which led to postoperative complications and injuries to his wife’s leg, ultimately resulting in a fatal pulmonary embolism. Reprinted courtesy of Kevin C. Cottone, White and Williams LLP, Robert Wright, White and Williams LLP and Monica Doss, White and Williams LLP Mr. Cottone may be contacted at cottonek@whiteandwilliams.com Mr. Wright may be contacted at wrightr@whiteandwilliams.com Ms. Doss may be contacted at dossm@whiteandwilliams.com Read the court decision
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