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DIRECTORY AND CAPABILITIES

Nevada Senate Minority Leader Gets Construction Defect Bill to Committee

April 03, 2013 — CDJ STAFF
The Las Vegas Sun reports that Michael Roberson, the lead Republican in the Nevada Senate, managed to get his construction defect reform bill scheduled for a hearing. Previously, the Senate Democrats had determined that all bills pertaining to construction defect legislation would be heard by the Senate Judiciary Committee. However, Roberson managed to convince Kelvin Atkinson, the chair of the Senate Commerce and Labor Committee, to add his bill to the text a mortgage lending measure under consideration by that committee. Roberson had previously submitted his bill to the Judiciary Committee. Senator Tick Segerblom has not scheduled the bill for a hearing and is reported to be an opponent of the bill. While Roberson characterizes the bill as making things better for homebuilders, Segerblom sees it as making things worse for homeowners. “That’s not going to happen,” Seberblom told the Las Vegas Sun. Although the senate voted to send the bill to the Commerce and Labor committee, it still may not get a hearing. Segerblom said he did not know if the bill would be heard in his committee. “We’ve got 60 or more bills to hear and if there’s nothing new in there to change the world, I don’t know why we would hear it.” Atkinson said he has “no appetite to hear the bill.” Read the court decision
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Colorado’s New Construction Defect Law Takes Effect in September: What You Need to Know

September 07, 2017 — Jesse Witt - The Witt Law Firm
Colorado’s new construction defect law officially takes effect this month. Although HB 17-1279 was passed in May, the statutory text provides that it only applies “with respect to events and circumstances occurring on or after September 1, 2017.” With that date now upon us, practitioners should be mindful of the law’s new requirements. The law applies to any lawsuit wherein a homeowner association files a construction defect action on behalf of two or more of its members. “Construction defect action” is defined broadly to include any claims against construction professionals relating to deficiencies in design or construction of real property. Before an association may commence such an action, its board must follow several steps. First, the board must deliver notice of the potential construction defect action to all homeowners and the affected construction professionals at their last known addresses. This requirement does not apply to construction professionals identified after the notice has been mailed, or to construction professionals joined in a previously-approved lawsuit. The notice must include a description of the alleged construction defects with reasonable specificity, the relief sought, a good-faith estimate of the benefits and risks involved, and a list of mandatory disclosures concerning assessments, attorney fees, and the marketability of units affected by construction defects. The notice must also call a meeting of all homeowners. The notice should be sent to the construction professionals at least five days before the homeowners. Reprinted courtesy of Jesse Howard Witt, Acerbic Witt Mr. Witt may be contacted at www.witt.law Read the full story... Read the court decision
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Lessee Deemed Statutory Employer, Immune from Tort Liability by Pennsylvania Court

November 03, 2016 — Jerry Anders & Alison Russell – White and Williams LLP
The Superior Court of Pennsylvania addressed whether a lessee can be shielded from tort liability as a statutory employer and thus, immune from civil liability under the Workers’ Compensation Act. The court in Doman v. Atlas America, Inc. held that a primary contractor who leased property for the purposes of removing and drilling natural gas is a statutory employer under Section 302(a) of the Act and thus, entitled to tort immunity under Section 203 of the Act. Reprinted courtesy of Jerrold Anders, White and Williams LLP and Alison Russell, White and Williams LLP Mr. Anders may be contacted at andersj@whiteandwilliams.com Ms. Russell may be contacted at russella@whiteandwilliams.com Read the court decision
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FEMA Offers Recovery Tips for California Wildfire Survivors

January 14, 2025 — FEMA
WASHINGTON -- While fire suppression activities are still ongoing in parts of Southern California, affected individuals and families are taking steps toward recovery. FEMA is helping people jumpstart their recovery. You may be eligible for FEMA assistance, even if you have insurance. More than $5.3 million so far are in the hands of survivors to help pay for emergency supplies like food, water and baby formula as well as to replace personal property and pay for a temporary place to stay. Below are tips to help Californians recover from the historic wildfires. If your primary home was affected by the fires, FEMA may be able to help you cover certain costs – like paying for essential items, finding a place to stay, replacing personal property or making basic repairs to your home. However, FEMA assistance is designed to help you if you do not have insurance or if your insurance policies don't cover basic needs. If you have insurance, you should file a claim as soon as possible and be ready to provide your coverage information when applying to FEMA. There are several ways to apply for FEMA assistance:

• Online at DisasterAssistance.gov and in Spanish language at DisasterAssistance.gov/es.
• Calling the FEMA Helpline at 1-800-621-3362 for assistance in multiple languages.
• On the FEMA App for mobile devices.

To view an accessible video about how to apply visit: FEMA Accessible: Registering for Individual Assistance or en Español. Read the court decision
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California Supreme Court Holds that Prevailing Wages are Not Required for Mobilization Work, for Now

October 18, 2021 — Garret Murai - California Construction Law Blog
In the midst of the Great Depression the federal government enacted the Davis-Bacon Act (40 U.S.C. section 32141 et seq.) to help workers on federal construction projects. Under the Davis-Bacon Act, minimum wages must be paid to workers on federal public works projects based on local “prevailing” wages. At the time, the goal of the law was to help curb the displacement of families by employers who were recruiting lower-wage workers from outside local areas. A darker history suggests that it was also intended to discourage minority workers from competing with unionized white workers. Fast forward to today. Many states, including California, adopted “Little Davis-Bacon” laws applying similar requirements on state and local public works projects. California’s prevailing wage law (Labor Code section 1720 et seq.) requires contractors on state and local public works projects pay their workers the general prevailing rate of per diem wages based on the classification or type of work performed by the employee in the locality where the project is located. Over the years, labor unions have sought to expand the definition of what constitutes a “public works project” from private residential developments receiving public funding (generally, prevailing wages required) to off-site fabrication of materials at permanent facility for a public works project (no prevailing wages required) to enforcement mechanisms such as making a general contractor liable for prevailing wage violations of its subcontractors (yes, indeedy, see Labor Code section 1775). Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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After Restoring Power in North Carolina, Contractor Faces Many Claims

August 10, 2017 — Jim Parsons - Engineering News-Record
Having successfully helped to restore power to two North Carolina barrier islands, PCL Civil Constructors now faces the fallout from a July 27 construction incident that forced a week-long evacuation of 60,000 visitors, putting a potential multimillion-dollar dent in the region’s tourism-dependent economy. Read the court decision
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Reprinted courtesy of Jim Parsons, ENR
ENR may be contacted at ENR.com@bnpmedia.com

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World’s Biggest Crane Lifts Huge Steel Ring at U.K. Nuclear Site

January 25, 2021 — Rachel Morison - Bloomberg
The world’s largest crane hoisted the first of three massive steel rings that will encase one of the reactors at Electricite de France SA’s nuclear construction site in the U.K., a key milestone in getting the project completed on time. Operators of the 250-meter (820-foot) tall crane, affectionately known as “Big Carl,” lifted the ring that weighs as much as a jumbo jet overnight to take advantage of windless conditions. Hinkley Point C is the U.K.’s first new nuclear power plant in more than two decades. Once up and running the reactor will generate electricity for six million homes by 2025. It’s the largest and most advanced infrastructure project in the country and, when finished, will contain 3 million tons of concrete and 50,000 tons of structural steel, enough to build a railway line between London and Rome. Read the court decision
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Reprinted courtesy of Rachel Morison, Bloomberg

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Late Notice Kills Insured's Claim for Damage Due to Hurricane

December 27, 2021 — Tred R. Eyerly - Insurance Law Hawaii
The insurer's motion for summary judgment was granted based upon the insured's late notice nearly two years after a hurricane caused property damage. Ramirez v. Scottsdale Ins. Co., 2021 U.S. Dist. LEXIS 209716 (S.D. Fla. Oct. 29, 2021). Plaintiff alleged he suffered property loss due to wind and water damage from Hurricane Irma on September 10, 2017. The roof, exterior, and interior of the home were damaged. On May 20, 2019, twenty months after the hurricane, plaintiff first notified Scottsdale of his claim for damages. An adjuster inspected and observed wind, wear and tear, and deterioration damage to the roof tile, as well as interior water damage to portions of the home. The claim was denied based upon wind, wear and tear, and deterioration exclusions in the policy. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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