Ex-San Francisco DPW Director Sentenced to Seven Years in Corruption Case
September 26, 2022 —
James Leggate - Engineering News-RecordA federal judge sentenced Mohammed Nuru, the former San Francisco public works director, to seven years in prison for bribery and kickbacks.
Nuru, 59, pleaded guilty to the charge of defrauding the public of its right to honest services earlier this year amid a federal investigation into public corruption in San Francisco’s government.
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James Leggate, Engineering News-Record
Mr. Leggate may be contacted at leggatej@enr.com
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It Was a Wild Week for Just About Everyone. Ok, Make that Everyone.
April 06, 2020 —
Garret Murai - California Construction Law BlogIt was a crazy week last week as the number of coronavirus cases in the United States jumped to 32,783 cases as of Sunday, from 3,680 cases, just a week before. In an attempt to “flatten the curve” and help those impacted by the virus, numerous federal, state, and local orders were issued, including orders requiring that residents “shelter in place.”
For businesses impacted by the “shelter in place” orders, which, in California, means virtually every business in the state following Governor Newsom’s state-wide “shelter in place” order, there’s been confusion as to who can and can’t continue to work under the orders including among contractors and project owners. Although things have been changing, sometimes daily, here’s what you need to know about the “shelter in place” orders:
The Local “Shelter In Place” Orders
On Monday, March 16, 2020, six Bay Area counties, and the City of Berkeley, issued “shelter in place” orders requiring that residents in those counties and city shelter in place except for “Essential Activities,” if performing “Essential Governmental Functions,” or if operating “Essential Businesses.”
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Garret Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
Where Do We Go From Here?
March 21, 2022 —
Christopher G. Hill - Construction Law MusingsGreen Builder CoalitionFor this week’s Guest Post Friday, I welcome an old friend and past Guest Post Friday contributor, Mike Collignon. Mike is the Co-Founder and Executive Director of the Green Builder® Coalition. He engages in national and state-level advocacy and publishes regular content for Green Builder® Media. Mike is also the Chair of the WERS Development Group and has served as the moderator or host for Green Builder® Media’s Impact Series webinars from 2012– present.
This post originally appeared on Green Builder® Media’s Code Watcher.
Do you ever have a line from a song just pop into your head? I get that… a lot. It’s probably due to my lifelong love of music. Anyway, while I was researching this column, the line that cites the title of “Where Do We Go From Here?” by Filter started playing between my ears. You’ll see why in a couple of minutes.
In case you didn’t
read about it here or elsewhere, the IECC development process has undergone an overhaul. It is now following a standards process, yet it retains the word “code” in the name. The residential committee (which is the scope of this column) is now a consensus committee and has been greatly expanded. Proposals are still submitted, reviewed and voted on by the committee. On the surface, it doesn’t sound like much has changed. As they say, the devil is always in the details.
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The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Triggering Duty to Advance Costs Same Standard as Duty to Defend
April 11, 2018 —
Tred R. Eyerly - Insurance Law HawaiiInterpreting Hawaii law, the federal district court held that the standard for triggering the duty to defend is the same as the standard for the duty to advance costs under a D&O policy.
Maui Land & Pineapple Co. v. Liberty Ins. Underwriters, 2018 U.S. Dist. LEXIS 56949 (D. Haw. April 3, 2018).
The underlying plaintiffs sued 22 defendants, including Maui Land Pineapple (MLP) and Ryan L. Churchill, concerning a residential development project known as The Ritz-Carlton Club & Residences. The underlying complaint alleged that MLP "directly or indirectly through wholly owned subsidiaries exerts control" over Kapalua Bay, LLC, the defendant in the underlying lawsuit. Kapalua Bay, LLC was created as a joint venture of which MLP held 51%. Churchill was a senior executive officer of MLP, President of Kapalua Bay, and an executive officer of Kapalua Realty, which participated in all aspects of the Project, such as financing, development, and construction.
In their second amended complaint, the underlying plaintiffs alleged nine Counts against the defendants, including breach of fiduciary duty. It was alleged that defendants were not transparent and kept owners in the dark regarding the status of the project. Several allegations named Churchill individually and described his alleged material misrepresentations to the underlying plaintiffs regarding the project's financing.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Pennsylvania Considers Changes to Construction Code Review
November 06, 2013 —
CDJ STAFFPennsylvania may soon change how it adopts changes to its implementation of the Uniform Construction Code, but it’s not clear which method will be adopted, as the Pennsylvania House and Senate have competing bills. In the Senate bill (SB1023), the only change would be that any changes to the Uniform Building Code made by the International Code Council would automatically become part of the Pennsylvania building code, unless rejected by a two-thirds vote of the Pennsylvania UCC Review and Advisory Council. Under current Pennsylvania law, changes are adopted only with a two-thirds approval of the RAC.
The House bill (HB1209), separates the commercial code from the residential code. Under the House proposal, the RAC would reject changes to the commercial building code on a two-thirds vote, otherwise they would be adopted, but in the residential building code, changes would be rejected unless the RAC approved them by a two-thirds vote.
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No Coverage for Restoring Aesthetic Uniformity
December 10, 2015 —
Tred R. Eyerly – Insurance Law HawaiiThe court found there was no coverage regarding aesthetic uniformity between new materials installed after water damage occurred and the rest of the building. Great Am. Ins. Co. of New York v. The Towers of Quayside No. 4 Condominium Assoc., Case No. 15-CV-20056-King (U.S. Dist. Ct., S.D. Fla., Nov. 5, 2015).
The insured's high rise condominium suffered water damage when a valve on the air conditioning unit damaged the drywall, carpeting, baseboards, insulation and wallpaper in the east hallways of the eleventh floor and the floors below. Floors three through twenty-five had a uniform appearance by design with respect to the carpet, wallpaper, and woodwork in the common area hallways.
The insured submitted a claim under its property policy with Great American. A payment of $170,291.84 was made for damage to the east hallways of the eleventh floor and the floors below. The insured sought coverage to repair or replace undamaged carpeting, wallpaper, baseboards, and woodwork in (1) the west hallways and elevator landings of the eleventh floor and the floors below and in (2) floors twelve through twenty-five.The insured contended that the loss of aesthetic uniformity devalued the building and constituted a loss to the building.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Circumstances In Which Design Professional Has Construction Lien Rights
February 24, 2020 —
David Adelstein - Florida Construction Legal UpdatesIf you are a design professional (architect, landscape architect, interior designer, engineer, surveyor, or mapper) you have construction lien rights in the event you are not paid. This does not mean your lien rights are absolute so it is important to understand the circumstances which allow you to record a construction lien on a project. These circumstances are contained in Florida Statute s. 713.03:
(1) Any person who performs services as architect, landscape architect, interior designer, engineer, or surveyor and mapper, subject to compliance with and the limitations imposed by this part, has a lien on the real property improved for any money that is owing to him or her for his or her services used in connection with improving the real property or for his or her services in supervising any portion of the work of improving the real property, rendered in accordance with his or her contract and with the direct contract.
(2) Any architect, landscape architect, interior designer, engineer, or surveyor and mapper who has a direct contract and who in the practice of his or her profession shall perform services, by himself or herself or others, in connection with a specific parcel of real property and subject to said compliances and limitations, shall have a lien upon such real property for the money owing to him or her for his or her professional services, regardless of whether such real property is actually improved.
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David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
Meet BWB&O’s 2025 Best Lawyers in America!
September 09, 2024 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPBremer Whyte Brown & O’Meara, LLP is proud to announce Partners
Nicole Whyte,
Keith Bremer,
Vik Nagpal,
John O’Meara,
Sheila Stiles,
Patrick Au, and
Nicole Schmidt have been selected by their peers for inclusion in the 31st edition of The Best Lawyers in America, and Partner
Devin Gifford, and Associates
Melissa Youngpeter,
Ryan Flanagan, and
Alexandria Zeis are included in the fifth edition of Best Lawyers: Ones to Watch in America. Each person is being recognized for their diligent work in the areas of Family Law, Construction, Commercial, Personal Injury, and Real Estate Litigation.
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Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
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