SEC Proposes Rule Requiring Public Firms to Report Climate Risks
April 11, 2022 —
Debra K. Rubin - Engineering News-RecordThe U.S. Securities and Exchange Commission issued a proposal March 21—both anticipated and feared—that would require publicly-traded companies to standardize disclosure for the first time of climate-related business risks such as those related to severe weather and decarbonization. Exchange-listed firms would also have to report greenhouse gas emissions, their own and in the supply chain, creating a major reporting mandate. The rules also apply to firms listed on overseas exchanges that operate in the U.S.
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Debra K. Rubin, Engineering News-Record
Ms. Rubin may be contacted at rubind@enr.com
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History and Gentrification Clash in a Gilded Age Resort
October 05, 2020 —
Alex Ulam - BloombergNewport, Rhode Island, is a small New England beachfront town with a permanent population of 26,000 and an amazing collection of historic homes. Billed as “America’s First Resort,” the 350-year-old city on Aquidneck Island hosts more than 3 million tourists every year. They come for the boating, the famous folk and jazz festivals (both canceled this summer), and the architecture.
The narrow streets of the Point along the waterfront are lined with hundreds of modest homes from the early 1700s, one of the largest ensembles of colonial architecture in the country. On Historic Hill sits an assortment of grander antebellum, classical and Gothic Revival structures from the latter part of the 18th and early to mid-19th century, many built by Southern plantation owners. Newport also boasts what is probably the most opulent thoroughfare in the country, a several-mile stretch of Bellevue Avenue lined with shade trees and palatial limestone mansions built by Gilded Age robber barons and industrialists.
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Alex Ulam, Bloomberg
Construction Calamity: Risk Transfer Tips for Contractors After a Catastrophic Loss
August 17, 2020 —
William S. Bennett - Saxe Doernberger & Vita, P.C.From structural collapses to fires, the construction industry has experienced a number of high-profile catastrophes over the past decade. These disasters test the mettle of even the most experienced risk professionals and the strongest insurance programs. Issues can arise in all facets of the company’s contracts and insurance policies, and dealing with the aftermath is an extensive and demanding process that can involve many players.
As overwhelming as the task may seem, however, it is possible for general contractors to get through the disaster with minimal uncovered exposure if proper steps are taken. By understanding some of the exposures a general contractor faces after a catastrophic loss and implementing key risk transfer strategies from the outset of a project, risk professionals can minimize the impact of a loss on the company in the short and long term.
Understanding Possible Risk Exposures
When a catastrophic loss occurs, contractors face a wide array of potential exposures. Unfortunately, many large catastrophic losses involve serious bodily injuries and even loss of life. If such a tragedy occurs, the general contractor can reasonably expect to be named in a flurry of personal injury and wrongful death lawsuits. Depending on the scope of the project and the area associated with the loss, the catastrophe may also prompt a wide range of bystander claims, from dust inhalation to emotional distress.
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William S. Bennett, Saxe Doernberger & Vita, P.C.Mr. Bennett may be contacted at
wsb@sdvlaw.com
Texas Jury Awards $5.3 Million to Company Defamed by Union: Could it work in Pennsylvania?
December 21, 2016 —
Wally Zimolong – Supplemental ConditionsIn early September a Texas jury awarded a janitorial $5.3 million against the local chapter of the SEIU. The janitorial firm claimed that the SEIU damaged its reputation and caused it damages when it spread false, defamatory, and disparaging stories about the firm. Specifically, the janitorial firm claimed that the SEIU told the janitorial firms customer and potential customers that the firm “systematically failed to pay its employees for all hours worked, instructed janitors to work off the clock and had fired, threatened or refused to hire janitors who supported joining a union.” According to Law360.com, the union did this with “fliers, handbills, letters, emails, newsletters, speeches and postings on its website accused [the firm] of violating wage-and-hour and other labor laws.”
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Wally Zimolong, Zimolong LLCMr. Zimolong may be contacted at
wally@zimolonglaw.com
Arizona Court of Appeals Awards Attorneys’ Fees in Quiet-Title Action
September 20, 2017 —
Kevin Walton - Snell & Wilmer Real Estate Litigation BlogIn Arizona, a party successfully quieting title to property may recover its attorneys’ fees if it satisfies three requirements: (1) the party requests a quitclaim deed from the party adversely claiming title twenty days before bringing the quiet-title action; (2) the party tenders five dollars for the execution and delivery of the deed; and (3) the adverse party fails to comply. Ariz. Rev. Stat. § 12-1103(B). Recently, in McCleary v. Tripodi, No. 2 CA-CV 2016-0145, 2017 WL 3723472 (Ariz. Ct. App. Aug. 29, 2017), the Arizona Court of Appeals awarded attorneys’ fees to the prevailing party under this statute.
In McCleary v. Tripodi, Mrs. Tripodi, who became the administrator of her husband’s estate upon his death, wrongfully recorded three deeds purporting to transfer property to herself. After unsuccessfully attempting to get Mrs. Tripodi to quitclaim the property, the plaintiffs filed a quiet-title action. The trial court agreed that the plaintiffs were the legal and rightful owners, granted summary judgment in plaintiffs’ favor, and awarded attorneys’ fees to the plaintiffs.
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Kevin Walton, Snell & Wilmer
ConsensusDOCS Updates its Forms
October 21, 2015 —
Christopher G. Hill – Construction Law MusingsAs reported recently in ENR Magazine, among other publications, the ConsensusDOCS folks have updated their contract forms. Why is this news?
First of all, it’s only been around three and a half years since these documents were officially released and this release is about 18 months sooner than anticipated (the original revision cycle was to be 5 years). Why the revision? According to my friend and counsel to ConsensusDOCS, Brian Perlberg, one major rationale is that “the economics of the construction industry today looks nothing like it did [in 2007.”
Among the changes are several terminology changes (“constructor” instead of “contractor” for instance), the addition of mandatory green building design as a basic service (these forms already have a Green Building Addendum) if included in the Owner’s plan and the ability to provide for prevailing party attorney fees (before both sides of a dispute bore their own fees).
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Christopher G. Hill, Law Office of Christopher G. Hill, PCMr. Hill may be contacted at
chrisghill@constructionlawva.com
Temporary Obstructions Are a Permanent Problem Under the Americans with Disabilities Act
March 12, 2015 —
Max W. Gavron and Keith M. Rozanski – Haight Brown & Bonesteel LLPBoxes, ladders, furniture or other objects commonly placed in aisles, walkways or paths may not be temporary obstructions and may be actionable under the Americans with Disabilities Act (ADA) according to a recent ruling by the Ninth Circuit Court of Appeals in Chapman v. Pier 1 Imports (U.S.), Inc. DBA Pier 1 Imports #1132, No. 12-16857 (filed March 5, 2015).
Many property and business owners have long operated under the assumption that they are not violating ADA regulations requiring minimum clear widths for accessible routes (“[t]he minimum clear width of an accessible route shall be 36 in[ches]” (28 C.F.R. pg. 36, app. A, § 4.3.3)) when they place objects that can easily be removed in aisles or pathways such as trash cans, ladders, plants, signs and the like because temporary obstructions are not considered violations of the ADA (28 C.F.R. § 36.211(b)).
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Max W. Gavron, Haight Brown & Bonesteel LLP and
Keith M. Rozanski, Haight Brown & Bonesteel LLP
Mr. Gavron may be contacted at mgavron@hbblaw.com
Mr. Rozanski may be contacted at krozanski@hbblaw.com
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Congratulations to Jonathan Kaplan on his Promotion to Partner!
February 10, 2020 —
Bremer Whyte Brown & O'Meara LLPBremer Whyte Brown & O’Meara, LLP is proud to announce the promotion of Jonathan Kaplan to Partner!
Jonathan has been with the firm for nearly eight years out of our Newport Beach office. He focuses his practice on general liability defense and construction litigation matters, in addition to handling high-profile plaintiff defect cases. Jonathan earned his law degree from Chapman University School of Law, obtaining a certificate in Environmental, Real Estate and Land Use Law, and went to undergrad at the University of Washington. Jonathan is an active participant within the firm’s Hiring Committee and assists with legal recruitment at the prominent Orange County law schools. Jonathan is also an avid hiker and has coordinated several hiking events for our Southern California offices.
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Bremer Whyte Brown & O'Meara LLP