Seattle Washington Building Expert Directory

Environmental Regulatory Provisions Embedded in the Infrastructure Investment and Jobs Act

January 03, 2022 — Anthony B. Cavender - Gravel2Gavel
With the enactment of this important legislation, its impact on environmental regulation and policy will be carefully analyzed by the regulated community. Such a review may be hampered by the fact that the law is not only complex but also very long (over 2000 pages!). The Infrastructure Act is mostly an appropriations and authorization law, but it includes many new policy choices. This is a brief review (which can only scratch the surface of this law) of some of the many environmentally related provisions, which are part of this new law and can be located in the pdf version of the law. The law is composed of nine separate divisions, which are further divided into separate titles and subtitles. Division A is entitled “Surface Transportation”; Division B is the “Surface Transportation Investment Act of 2021”; Division C is “Transit”; Division D is “Energy”; Division E is “Drinking Water and Wastewater”; Division F is “Broadband”; Division G is “Other Authorizations”; Division H is “Revenue Provisions”; Division I is “Other Matters”; Division J is “Appropriations”; and Division K is “Minority Business Development.” It is somewhat bewildering on first reading, as befits a law that is expressing the manifold policy decisions made by the Congress. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Let’s Talk About a Statutory First-Party Bad Faith Claim Against an Insurer

February 19, 2024 — David Adelstein - Florida Construction Legal Updates
Let’s talk about a statutory first-party bad faith claim against an insurer under Florida law. A recent opinion, discussed below, does a nice job providing a synopsis of a first-party statutory bad faith claim against an insurer: The Florida Legislature created the first-party bad faith cause of action by enacting section 624.155, Florida Statutes, which imposes a duty on insurers to settle their policyholders’ claims in good faith. The statutory obligation on the insurer is to timely evaluate and pay benefits owed under the insurance policy. The damages recoverable by the insured in a bad faith action are those amounts that are the reasonably foreseeable consequences of the insurer’s bad faith in resolving a claim, which include consequential damages. “[A] statutory bad faith claim under section 624.155 is ripe for litigation when there has been (1) a determination of the insurer’s liability for coverage; (2) a determination of the extent of the insured’s damages; and (3) the required [civil remedy] notice is filed pursuant to section 624.155(3)(a).” 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

Newmeyer Dillion Attorneys Named to 2022 Super Lawyers and Rising Stars Lists

July 11, 2022 — Newmeyer Dillion
NEWPORT BEACH, Calif. – July 6, 2022 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that partner James Ficenec has been selected to the 2022 Norther California Super Lawyers list. Additionally, partner Tara Dudum and associates Brandon Clouse and Jacqueline McCalla have been selected to the 2022 Northern California Rising Stars list by Super Lawyers. Each year, no more than 5 percent and 2.5 percent, respectively, of the lawyers in the state are selected to receive this honor. The attorneys will be recognized in the July 2022 issues of Northern California Super Lawyers Magazine, San Francisco Magazine and Sactown Magazine. James Ficenec is a partner in the Walnut Creek office. With incredible business acumen, Jim has counseled and defended clients across a variety of industries by advocating for their rights and legal protections as both a transactional attorney and business litigator. Tara Dudum is a partner in the Walnut Creek Office. Tara's practice focuses primarily on business and employment law and her clients span across industries, including retail, e-commerce, real estate, manufacturing, hospitality, and beyond. She often acts as outside counsel for clients, providing day-to-day legal advice to owners, executives, supervisors, and human resource professionals. Brandon Clouse is an associate in the Walnut Creek Office. As a part of the firm's construction and real estate litigation group, Brandon litigates disputes on behalf of clients concerning construction and real estate matters. Jacqueline McCalla is an associate in the Walnut Creek Office. Jacqueline takes pride in assisting local businesses and entrepreneurs as well as Fortune 500 companies with all aspects of litigation, from inception through trial. Jacqueline's practice ranges across business, construction defect, employment and insurance disputes. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The patented selection process evaluates candidates on 12 indicators of peer recognition and professional achievement, resulting in a comprehensive, credible and diverse listing of exceptional attorneys. The Rising Stars list is developed using the same selection process except candidates must be either 40 years old or younger, or have been in practice for 10 years or less. About Newmeyer Dillion For over 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 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. Read the court decision
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Surfside Condo Collapse Investigators Uncover More Pool Deck Deviations

September 12, 2023 — James Leggate - Engineering News-Record
The investigation into the 2021 collapse of the Champlain Towers South condominium in Surfside, Fla., has uncovered more deviations between the as-built conditions of the pool deck and the building’s design. But investigators emphasize their data are still preliminary as they continue to gather and test evidence from the collapse that killed 98 people. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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What is Bad Faith?

April 04, 2022 — Stacy M. Manobianca - Saxe Doernberger & Vita, P.C.
As a policyholder, you may have heard the term “bad faith” in the context of litigation against your insurer. Bad faith in the insurance context is a catch-all term for a broad category of claims that can be brought against your insurer. Bad faith claims are common in insurance coverage litigation, and they can be a powerful tool in a policyholder’s arsenal. This post will serve as an introduction to some basic concepts surrounding bad faith litigation.

Bad Faith Defined:

Statutory vs. Common Law Bad Faith Claims
Breach of Contract vs. Tort Bad Faith Claims
Substantive vs. Procedural Bad Faith Claims

Best Practices Throughout the Claims Process:
Involve an Experienced Coverage Attorney
Conclusion

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Reprinted courtesy of Stacy M. Manobianca, Saxe Doernberger & Vita, P.C.
Ms. Manobianca may be contacted at SManobianca@sdvlaw.com

Forget Palm Springs—Santa Fe Is the New Mecca for Modern Architecture

November 19, 2021 — James Tarmy - Bloomberg
The writer Helen Thompson had been a lifelong visitor to Santa Fe, but when she arrived at Georgia O’Keeffe’s home at Ghost Ranch 30 years ago, “I was shocked,” Thompson says. “Everything there was modern: Her furniture was modern; her light fixtures were modern; her art, of course, was modern. And in this rustic setting, the landscape is so powerful, it was all so elemental. That shock stayed with me.” It was an experience, Thompson says, that led her to the conclusion that Santa Fe, long understood as a city filled with vernacular, decorative architecture, was ripe for a rethinking. “I kept wondering, why does something like that look so right here?” she says. “The landscape is so distinctive, and so not-modern, and yet these very precise pieces of furniture looked so right.” Now, with her new book Santa Fe Modern: Contemporary Design in the High Desert (Monacelli, $50), Thompson has cracked the code. “Modern ideas are site-specific, and tied into what’s right for the landscape and the environment,” she says. Naturally, she continues, this conceptual framework works well in a place like New Mexico, where the dramatic horizon meets an even more dramatic sky. Read the court decision
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Reprinted courtesy of James Tarmy, Bloomberg

How SmartThings Wants to Automate Your Home

July 02, 2014 — Beverley BevenFlorez-CDJ STAFF
SmartThings, a U.S. start-up company, “has built a first-of-its-kind platform that allows the objects in your home–doors, locks, lightbulbs, even sprinkler systems–to talk to one another and prioritize your needs,” according to Time. The only requirements are a smartphone and a $200 starter kit. Alex Hawkinson created SmartThings after he returned from a family vacation and discovered that pipes had burst, resulting in a $100,000 repair bill: “How is it possible that someone hasn’t created something I could plug in that would alert me when something went wrong?” Hawkinson commented to Time. SmartThings got its start through Kickstarter (Ashton Kutcher was one of the investors), but is now a General Electric partner. Time reported that there are “legitimate fears of cybercriminals commandeering your smart locks and cameras [that] have made people wary of making their homes potentially hackable.” Hawkinson stated that SmartThings has hired “white-hat hackers to continuously probe SmartThings’ technology and pinpoint vulnerabilities that must be fixed.” “We’re at the outset of this wave where … your home can give you security, peace of mind and more,” Hawkinson told Time. “Eventually, everything that should be connected will be connected.” Read the court decision
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Newmeyer & Dillion Named a Best Law Firm in 2019 in Multiple Practice Areas by U.S. News-Best Lawyers

November 21, 2018 — Newmeyer & Dillion
NEWPORT BEACH, Calif. – NOVEMBER 1, 2018 – Prominent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that U.S. News-Best Lawyers® has recognized the firm in its 2019 "Best Law Firms" rankings, with six of its practice areas earning the highest ranking possible - Tier 1 in the Orange County Metro area. The practices recognized include Commercial Litigation, Construction Law, Insurance Law, Litigation - Construction, Litigation - Real Estate and Real Estate Law. Firms included in the 2019 "Best Law Firms" list have been recognized by their clients and peers for their professional excellence. Firms achieving a Tier 1 ranking have consistently demonstrated a unique combination of quality law practice and breadth of legal expertise. "We are honored that our clients and peers continue to recognize the firm's exceptional attorneys and the firm's commitment to delivering personalized service and achieving the best results possible to those we represent," said Managing Partner Jeff Dennis. To be eligible for the "Best Law Firms" ranking, a firm must have at least one attorney recognized in the current edition of The Best Lawyers in America for a specific practice area. Best Lawyers recognizes the top 4 percent of practicing attorneys in the U.S., selected through exhaustive peer-review surveys in which leading lawyers confidentially evaluate their professional peers. About Newmeyer & Dillion For almost 35 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 corporate, privacy & data security, employment, real estate, construction, insurance law and trial work, 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 decision
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