Sales of Existing U.S. Homes Decrease on Fewer Investors
September 24, 2014 —
Jeanna Smialek – BloombergPurchases of previously owned U.S. homes unexpectedly declined in August for the first time in five months as investors retreated from the market.
Existing home sales dropped 1.8 percent to a 5.05 million annual pace, from a revised 5.14 million pace in July, the National Association of Realtors reported today in Washington. The median forecast of 72 economists in a Bloomberg survey called for 5.2 million. The share of properties sold to investors was the lowest in almost five years.
As wage gains are slow to materialize and credit conditions remain tight, it has been difficult for first-time homebuyers to enter the housing market to make up the decrease in investor activity. Employment growth and easier lending rules could help would-be buyers to feel more secure in taking the plunge into homeownership.
Read the court decisionRead the full story...Reprinted courtesy of
Jeanna Smialek, BloombergMs. Smialek may be contacted at
jsmialek1@bloomberg.net
Hawaii Supreme Court Bars Insurers from Billing Policyholders for Uncovered Defense Costs
April 23, 2024 —
Amanda C. Stefanatos - Saxe Doernberger & Vita, P.C.Across the country, there is a split in authority as to whether an insurance company should be allowed to recoup defense costs where it is ultimately determined that the carrier has no duty to defend under the policy and the policy is silent as to such reimbursement. The Hawaii Supreme Court is the latest to enter the fray to address this very question, ruling in favor of policyholders in the recent case of
St. Paul Fire & Marine Insurance Company v. Bodell Construction Company.
Facts of the Case and Procedural History
The Bodell case arose in response to a pair of certified questions from the US District Court for Hawaii to the Hawaii Supreme Court. The case involved a group of primary and excess insurers that sold liability policies to Bodell Construction and sought reimbursement of defense costs that the insurers had paid to defend a construction defect claim against Bodell. In the Underlying Action, the District Court ultimately ruled that the claims against Bodell Construction were not covered under the policies. Because the claims were not covered, the insurers demanded reimbursement of the defense fees from Bodell . Having determined there was no Hawaii state law on this issue, and in light of conflicting decisions in the district courts, the US District Court for Hawaii requested guidance from the Hawaii Supreme Court.
Read the court decisionRead the full story...Reprinted courtesy of
Amanda C. Stefanatos, Saxe Doernberger & Vita, P.C.Ms. Stefanatos may be contacted at
AStefanatos@sdvlaw.com
Construction Law Advisory: Mechanical Contractor Scores Victory in Prevailing Wage Dispute
September 03, 2014 —
Steven M. Cvitanovic & Jessica M. Lassere Ryland - Haight Brown & Bonesteel LLPOn August 27, 2014, the First District Court of Appeal weighed in on whether prevailing wages are required for public contracts in situations where work is performed in furtherance of the project but at a permanent offsite manufacturing facility that is not exclusively dedicated to the project. In Sheet Metal Workers' International Association, Local 401 v. John C. Duncan and Russ Will Mechanical, the project at issue was for a community college district where Russ Will was the HVAC subcontractor. The contract documents required contractors to pay prevailing wages but they did not limit where or how Russ Will would fabricate sheet metal required for the job. Russ Will used its existing fabrication facility to form the sheet metal.
An employee of Russ Will filed a complaint with the DIR alleging he should have been paid prevailing wages for work related to the project. The worker fabricated sheet metal for the project but at Russ Will’s Hayward facility, not at the site. The DIR issued a coverage determination in which it concluded that Russ Will was required to pay prevailing wages for the offsite fabrication work associated with the project. The DIR's determination turned on whether Russ Will was exempt from the prevailing wage law as a material supplier. To qualify for the material supplier exemption, the employer must sell supplies to the general public and its fabrication or manufacturing facility must not be established for the particular public works contract or be located at the site of the public work.
Following the DIR determination, Rush Will filed an administrative appeal. The department reversed its initial coverage determination, concluding that the offsite fabrication performed by Russ Will was not subject to the prevailing wage law.
Reprinted courtesy of
Steven M. Cvitanovic, Haight Brown & Bonesteel LLP and
Jessica M. Lassere Ryland, Haight Brown & Bonesteel LLP
Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com; Ms. Ryland may be contacted at jlassere@hbblaw.com
Read the court decisionRead the full story...Reprinted courtesy of
U.S. Home Sellers Return for Spring as Buyers Get Relief
February 10, 2014 —
Prashant Gopal – BloombergSuzanne Baker and her siblings bought a foreclosed home in Atlanta two years ago, added a fourth bathroom, then waited for values to rebound before considering a sale. Now, she says, they’re ready to cash in.
The family last month listed the four-bedroom house in the affluent Buckhead neighborhood for $710,000. It was purchased as an investment for about $375,000 in late 2011, before bulk buyers snapped up many of the area’s distressed homes, helping to drive up prices in Atlanta by more than 25 percent.
“The market is back up,” Baker said. “We think we can make a good amount of profit so we’re going to try.”
For two years, a shortage of sellers like the Bakers has propped up prices across the U.S. as shoppers jostled for a dwindling supply of houses. Now, as the market’s busiest season approaches, escalating values are spurring more listings as homeowners regain equity lost in the worst crash since the 1930s. While new-home construction at a third of its 2006 peak will keep inventory tight, the supply increase is poised to damp price gains while higher mortgage rates cut into demand.
Read the court decisionRead the full story...Reprinted courtesy of
Prashant Gopal, BloombergMr. Gopal may be contacted at
pgopal2@bloomberg.net
Hawaii Supreme Court Tackles "Other Insurance" Issues
February 25, 2014 —
Tred Eyerly – Insurance Law HawaiiResponding to four certified questions from the Ninth Circuit, the Hawaii Supreme Court addressed various issues raised by competing "other insurance" provisions in two CGL policies. Nautilus Ins. Co. v. Lexington Ins. Co., 2014 Haw. LEXIS 59 (Haw. Feb. 13, 2014).
Coverage for a development on Maui was at issue. The developer, VP & PK (ML) LLC, was insured by Lexington. The other insurance provision in Lexington's policy provided it was excess over "any other primary insurance available to you covering liability for damages arising out of the premises . . . for which you have been added as an additional insured."
Kila Kila Construction was one of VP & PK's subcontractors. Kika Kila was not an additional insured under Lexington's policy. Kila Kila had its own CGL policy with Nautilus. The Nautilus other insurance clause stated the insurance was excess over "any other primary insurance available to you covering liability arising out of the premises or operations for which you ahve been added as an additional insured." An endorsement added VP & PK as an additional insured, but only for liability arising out of Kila Kila's negligence.
Read the court decisionRead the full story...Reprinted courtesy of
Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
GRSM Named Among 2025 “Best Law Firms” by Best Lawyers
December 23, 2024 —
Gordon Rees Scully MansukhaniGordon Rees Scully Mansukhani has been recognized in the 2025 "Best Law Firms" survey published by Best Lawyers.
To be eligible for a 2025 ranking, a law firm must have at least one lawyer recognized in the 2025 edition of the Best Lawyers in America in a "Best Law Firms" practice area and geographic jurisdiction. GRSM announced earlier this year that 166 lawyers were recognized in the 2025 edition of Best Lawyers in America®, while 74 lawyers were named to the 2025 edition of Best Lawyers: Ones to Watch. Explore the full list of GRSM recognized attorneys.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Prior results do not guarantee a similar outcome. For details about Best Law Firms' methodology, please click here.
The firm received National "Tier 1" rankings in the following areas:
- Admiralty and Maritime Law
- Commercial Litigation
- Construction Law
- Insurance Law
- Litigation – Construction
- Mass Tort Litigation / Class Actions – Defendants
Read the court decisionRead the full story...Reprinted courtesy of
Gordon Rees Scully Mansukhani
Nevada Supreme Court Rejects Class Action Status, Reducing Homes from 1000 to 71
July 02, 2014 —
Beverley BevenFlorez-CDJ STAFFThe Las Vegas Review-Journal reported that the “Nevada Supreme Court has rejected a request for class action status for claims of damaged stucco from faulty construction by Del Webb Communities involving nearly 1,000 Sun City Summerlin residents,” however, “the court upheld the award of damages to 71 homeowners following a jury trial in Clark County District Court in 2008.”
The case began in 2003, and the Las Vegas Review-Journal referred to it as “one of the largest construction-defect cases in Nevada history.” But District Judge Allan Earl denied class action lawsuit in 2006. “Attorneys were seeking $70 million for the homeowners.” In 2008, another court “determined that only 71 homeowners merited compensation totaling $4 million for the stucco issues.”
According to the Las Vegas Review-Journal, “[h]omeowners alleged that Del Webb failed to install metal screeds that would protect homes from water damage, and as a result, the homes suffered from cracked stucco, mold and weakened walls.”
Read the court decisionRead the full story...Reprinted courtesy of
Brown and Caldwell Appoints Stigers as Design Chief Engineer
December 13, 2022 —
Brown and CaldwellWALNUT CREEK, Calif., Dec. 06, 2022 — Brown and Caldwell today announces Vice President Tracy Stigers has been appointed as design chief engineer in recognition of four decades of exceptional technical leadership and client service. She is the first woman in the firm's 75-year history to hold the esteemed title.
Stigers will lead all design from a technical and delivery expertise perspective across all of Brown and Caldwell's design initiatives, implementing innovation, quality control, and project delivery throughout North America and the Pacific.
Since joining the leading environmental engineering and construction services firm in 1980, Stigers has progressed from junior engineer to one of its top technical and delivery experts. She has vast experience in the design and construction of large-scale wastewater conveyance, treatment, and reuse facilities, including serving as project manager on the San Francisco Public Utilities Commission's $2.3 billion Biosolids Digester Facilities Project, the largest value design job in Brown and Caldwell's history.
Early in her career, Stigers worked alongside and was mentored by company co-founder Dave Caldwell, helping shape its tradition of solving the most challenging water and environmental challenges. Her dedication to upholding Brown and Caldwell's reputation for project excellence and innovation was commended by CEO Rich D'Amato:
"Tracy is the epitome of quality, commitment, and technical prowess," he said. "Her leadership, knowledge, and legacy of delivering solutions to clients perfectly embody our heritage and is a shining example for tomorrow's aspiring engineering leaders."
Throughout her career, Stigers has held numerous leadership roles at industry organizations, including sitting on the board of trustees for the Water Environment Federation and the California Water Environment Association. She is a current member of the Clarkson University Engineering Advisory Council.
About Brown and Caldwell
Headquartered in Walnut Creek, California, Brown and Caldwell is a full-service environmental engineering and construction services firm with 52 offices and 1,800 professionals across North America and the Pacific. For 75 years, our creative solutions have helped municipalities, private industry, and government agencies successfully overcome their most challenging water and environmental obstacles. As an employee-owned company, Brown and Caldwell is passionate about exceeding our clients' expectations and making a difference for our employees, our communities, and our environment. For more information, visit www.brownandcaldwell.com
Read the court decisionRead the full story...Reprinted courtesy of