Tariffs, Supply Snarls Spur Search for Factories Closer to U.S.
February 21, 2022 —
Laura Curtis - BloombergSmall businesses looking for a factory that can make some stylish orthopedic shoes, chairs or construction materials may have an easier time finding a closer-to-home alternative to waiting for the supply-chain snarl in the Pacific Ocean to work itself out.
Zipfox, an online platform that links businesses up with factories in Mexico, launched this week, enabling near-shoring of production and the chance to get goods into the U.S. more quickly than if businesses were sourcing from manufacturing hubs in China.
“People are feeling the pain from sourcing from China right now but they aren’t really aware of the manufacturing capability and capacity that Mexico already has,” Zipfox founder Raine Mahdi said Tuesday.
Read the court decisionRead the full story...Reprinted courtesy of
Laura Curtis, Bloomberg
The Housing Market Is Softening, But Home Depot and Lowe's Are Crushing It
February 26, 2015 —
Patrick Clark – BloombergTwo monthly reports that track the strength of the U.S. housing market offered dour assessments this week. And yet the companies that sell homeowners appliances, building materials, and power tools are thriving.
Home Depot reported strong sales growth yesterday, and Lowe’s did the same today. That follows news that existing home sales dropped 4.9 percent in January, according to the National Association of Realtors, and results from the S&P Case/Shiller index that showed the growth of home prices is slowing in major U.S. cities.
Read the court decisionRead the full story...Reprinted courtesy of
Patrick Clark, BloombergMr. Clark may be contacted at
jclark185@bloomberg.net
Measures Landlords and Property Managers Can Take in Response to a Reported COVID-19 Infection
May 18, 2020 —
Kyle Janecek & Jason Morris - Newmeyer DillionMost landlords and property managers are now familiar with steps they should be taking to reduce the spread of COVID-19. But what if a tenant or employee has tested positive with COVID-19? Unfortunately, many landlords and property managers are grappling with this very question. While there’s some clarity as it pertains to evictions in the landlord-tenant context, other considerations like disinfection, required notices, and maintenance, are evolving or unclear. Here are steps landlords and property managers can take in response to an employee or tenant testing positive with COVID-19.
Measures Landlords Can Take for Employees
For workplaces, there is a large variety of guidelines and procedures that are generally available to review. The Centers for Disease Control and Prevention (CDC) has valuable guidance available online here and here. The Occupational and Safety Health Administration (OSHA) has valuable guidance available online here. In short, if there is an incident where one employee may have exposed others to COVID-19, here are five steps employers should take:
- Send the affected employee home and instruct them not to return to work until the criteria to discontinue home isolation are met in consultation with healthcare providers, and state and local health departments. Make sure to maintain all information about employee illnesses as a confidential medical record.
- Ask the affected employee whether they have had close contact with any other workers.
Reprinted courtesy of
J. Kyle Janecek, Newmeyer Dillion and
Jason L. Morris, Newmeyer Dillion
Mr. Janecek may be contacted at kyle.janecek@ndlf.com
Mr. Morris may be contacted at jason.morris@ndlf.com
Read the court decisionRead the full story...Reprinted courtesy of
Chambers USA Names Peckar & Abramson to Band 1 Level in Construction Law; 29 P&A Lawyers Recognized as Leading Attorneys; Six Regions and Government Contracts Practice Recognized
July 08, 2024 —
Peckar & Abramson, P.C.Peckar & Abramson, P.C. (P&A) is pleased to announce that Chambers USA has recognized the firm at the Band 1 level nationwide in Construction Law. P&A stands alone in being named a Band 1 firm in Construction Law nationally and has been named in the position every year since Chambers USA began awarding the recognition. The firm was also recognized nationally in Government Contracts: Highly Regarded.
P&A’s offices in New York, New Jersey, Florida, and Texas were ranked Band 1 in Construction Law, and the Firm’s California, Illinois, and Washington, DC practices were also highly rated. Additionally, 29 of P&A’s construction lawyers were named leading construction lawyers in their respective jurisdictions – more than any other construction law practice in the country.
As demonstrated by its consistent Chambers USA Rankings, Peckar & Abramson has earned a national reputation for exceptional legal advocacy, representing construction industry members domestically and internationally.
Read the court decisionRead the full story...Reprinted courtesy of
Peckar & Abramson, P.C.
Empowering Success: The Advantages of Female Attorneys in Construction Defect Law
December 11, 2023 —
Alexa Stephenson, Hoosai Kabiri & Ivette Kincaid - Kahana FeldPer the most recent U.S. Census records, women make up 50.4% of the U.S. population. It should come as no surprise then that women currently outnumber men in U.S. law schools. Nevertheless, as of 2022, only 38% of attorneys, 30% of federal judges, 22% of equity partners, and 12% of managing partners nationwide are comprised of women. While great strides have been made in the last century to increase gender equality in the legal field, there is undoubtedly still a long way to go.
Studies have shown that women in the workforce lead to a number of benefits not only to the business itself, but to a business’ employees and culture. In the realm of construction defect law in particular, the presence and contributions of female attorneys have become increasingly impactful and essential. As the legal landscape evolves, the benefits of having female attorneys practicing in this specialized field are becoming more evident, offering a range of advantages that contribute to a more diverse, comprehensive, and successful legal environment. These advantages include:
1. Diverse Perspectives: Female attorneys bring a unique perspective to the practice of construction defect law, enriching the field with their insights and experiences. Their diverse backgrounds and viewpoints can lead to innovative strategies and fresh approaches when tackling complex legal issues.
Reprinted courtesy of
Alexa Stephenson, Kahana Feld,
Hoosai Kabiri, Kahana Feld and
Ivette Kincaid, Kahana Feld
Ms. Stephenson may be contacted at astephenson@kahanafeld.com
Ms. Kabiri may be contacted at hkabiri@kahanafeld.com
Ms. Kincaid may be contacted at ikincaid@kahanafeld.com
Read the court decisionRead the full story...Reprinted courtesy of
California Precludes Surety from Asserting Pay-When-Paid Provision as Defense to Payment Bond Claim
December 21, 2020 —
Nicholas Korst - Ahlers Cressman & Sleight PLLCIn a recent case in California, the Court of Appeals held that a surety who had issued a public works payment bond cannot rely on the “Pay-When-Paid” provision in the subcontract as a defense against the subcontractor’s claim against the payment bond.[1] The case was a public works project in Kern County, CA where the North Edwards Water District (the “District”) hired Clark Bros., Inc. (“Clark”) as the general contractor to build an arsenic removal water treatment plant. Clark hired subcontractor Crosno Construction (“Crosno”) to build and coat two steel reservoir tanks. The subcontract included the following “pay-when-paid” provision, which provided a definition of “reasonable time”:
If the Owner or other responsible party delays in making any payment to the Contractor from which payment to Subcontractor is made, Contractor and its sureties shall have a reasonable time to make payment. “Reasonable time” shall be determined according to the relevant circumstances, but in no event shall be less than the time Contractor and Subcontractor require to pursue to conclusion their legal remedies against the Owner or other responsible party to obtain payment, including (but not limited to) mechanics lien remedies. (emphasis added).
Read the court decisionRead the full story...Reprinted courtesy of
Nick Korst, Ahlers Cressman & Sleight PLLCMr. Korst may be contacted at
nicholas.korst@acslawyers.com
Beyond the COI: The Importance of an Owner's or Facilities Manager's Downstream Insurance Review Program
March 15, 2021 —
Hugh D. Hughes, Eric M. Clarkson & Mollie H. Levy - Saxe Doernberger & Vita, P.C.The risk of bodily injury lawsuits is an unavoidable reality for property owners and facilities managers (“FMs”) of large commercial sites such as universities, malls, office buildings, or stadiums. Any person who steps foot on the property is a potential plaintiff, including students, tenants, customers, contractors, and vendors.
Insurance mitigates these risks, but a property owner’s or FM’s risk transfer strategy should include more than their own suite of general liability and other third-party policies. Ensuring additional insured status on a vendor’s or contractor’s policy is also essential to a comprehensive risk transfer strategy. In a functional risk transfer program, a vendor’s or contractor’s general liability insurer should defend and indemnify property owners or FMs as additional insureds (“AIs”) for liability for bodily injury caused, in whole or in part, by the vendor’s or contractor’s operations. When this works as intended, it effectively transfers costs associated with such a lawsuit from the owner or FM to the vendor’s or contractor’s insurer. It also increases the insurance limits available for a loss.
Reprinted courtesy of
Hugh D. Hughes, Saxe Doernberger & Vita, P.C.,
Eric M. Clarkson, Saxe Doernberger & Vita, P.C. and
Mollie H. Levy, Saxe Doernberger & Vita, P.C.
Mr. Hughes may be contacted at HHughes@sdvlaw.com
Mr. Clarkson may be contacted at EClarkson@sdvlaw.com
Ms. Levy may be contacted at MLevy@sdvlaw.com
Read the court decisionRead the full story...Reprinted courtesy of
An Oregon School District Files Suit Against Robinson Construction Co.
March 19, 2014 —
Beverley BevenFlorez-CDJ STAFFThe Tigard-Tualatin School District in Tigard, Oregon filed a lawsuit against Robinson Construction for water damage to the Alberta Rider Elementary school, built in 2005, according to The Oregonian. The school district “is seeking $1.4 million in damages.”
According to the suit, as quoted by The Oregonian, the school district “holds Robinson responsible for faulty construction of the school’s panel siding, windows, doors, exterior walls and more.”
Repairs began in December of 2011, reported The Oregonian, and the cost so far is more than one million: “The district had to replace parts of the ‘exterior wall cladding system’ and remove and reinstall ‘storefront windows and window/door assemblies to ensure watertight performance,’ in addition to other alterations, the lawsuit reads.”
Read the court decisionRead the full story...Reprinted courtesy of