Muir named Brown and Caldwell Eastern leader
January 09, 2023 —
Brown and CaldwellHARTFORD, Conn., Jan. 04, 2023 — Leading environmental engineering and construction services firm Brown and Caldwell today announces Senior Vice President Eric Muir has been promoted to leader of its growing Eastern business.
The largest of the company's regions with over 40 offices east of the Mississippi River, the Eastern business consists of clients in the water, wastewater, stormwater, environmental services, and water resources sectors.
Muir has a 20-year background in delivering highly technical civil and environmental engineering projects. He has held leadership and technical roles on some of the most complex projects encompassing water and wastewater treatment, distribution and collection, pumping, and conveyance systems. His experience includes master planning, detailed design, permitting, and construction services.
Since joining Brown and Caldwell in 2018, Muir's business development expertise and client-centric focus have played a key role in setting the company's regional strategic direction to achieve strong financial results.
"Eric is a highly strategic and inclusive leader, passionate about mentoring employees to reach their full potential," said Brown and Caldwell Chief Operating Officer Euan Finlay. "His deep knowledge of clients' environmental obstacles will enhance the positive impacts our teams have on the communities we serve."
Based in Connecticut, Muir will manage overall operations and lead the implementation of the firm's strategy in the East. He will continue the region's growth and lead efforts to make Brown and Caldwell the company of choice for clients, employees, and partners. He will work alongside regional leadership to align the firm's talent pool with clients to provide innovative, cost-effective solutions to challenges related to water quality, biosolids management, and aging infrastructure.
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
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Public Projects in the Pandemic Pandemonium
September 07, 2020 —
Ashlynn E. Hutton, Michael J. Crook & Christian F. Torgrimson - Construction ExecutiveDespite the ongoing pandemic, states are opening up for business and establishing a new normal. This determination to move forward includes pushing public transportation projects full steam ahead. While this may be good news for certain industries, it may not be for commercial property owners hoping to see a slow down to public projects and avoid a taking of private property. As many grapple with new economic realities, we examine the approaches employed by states in the southeast to manage construction of public projects in this unprecedented time.
GEORGIA
The Georgia Department of Transportation (GDOT) is moving forward with all of its previously funded public projects, including the massive I-285 Top-End Project, designated as a “Major Mobility Project” for the Atlanta metro region. Affecting approximately 260 property owners along I-285 and Georgia Highway 400, environmental review of the project continues. GDOT anticipates a contract let date in 2022 and construction start in 2023. Like ocean liners, these projects don’t turn on a dime. Under the 2015 Transportation Funding Act, the budgeted funds cannot be shifted to other needs or projects due to economic shutdown. Once environmental review is complete, GDOT will approve the final design and move toward acquiring right-of-way from affected property owners.
Reprinted courtesy of
Ashlynn E. Hutton, Michael J. Crook & Christian F. Torgrimson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Energy Company Covered for Business Interruption Losses Caused by Fire and Resulting in Town-Ordered Shutdown
February 15, 2021 —
David G. Jordan - Saxe Doernberger & Vita, P.C.In the case of NextSun Energy Littleton, LLC v. Acadia Ins. Co., the United States District Court of Massachusetts held that once direct physical damage from a covered peril causes a covered business interruption loss, any increase in the duration of such business interruption, due to the enforcement of an ordinance or law, extends the coverage period provided for lost income. The Court further held that a policy exclusion for business interruption due to the enforcement of any ordinance or law not in force at the time of the loss only applies when the ordinance or law itself, not the enforcement action that it authorizes, was not in force at the time of the loss.
The case involved a solar panel company, NextSun Energy Littleton (NextSun), that operated solar panel arrays providing electricity to the town of Littleton, Massachusetts. Due to a fire, 88 of the solar panels were damaged, and the Town immediately issued a “red-tag” order halting all energy-generating activity pending a safety inspection. The plaintiff purchased insurance for its panels along with “Energy Generating Income” (EGI) coverage, from the defendant, Acadia Ins. Co. (Acadia). The EGI policy covered “direct physical loss or damage” to “renewable energy generating equipment” and also covered the actual loss of surplus power income incurred during the interruption period. However, it excluded interruption of energy-generating income “caused by the enforcement of any ordinance, law, or decree … not in force at the time of loss.”
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David G. Jordan, Saxe Doernberger & VitaMr. Jordan may be contacted at
DJordan@sdvlaw.com
Attorney’s Fees Entitlement And Application Under Subcontract Default Provision
May 06, 2019 —
David Adelstein - Florida Construction Legal UpdatesMany subcontracts contain a provision in the default section that reads something to the effect:
“Upon any default, Subcontractor shall pay to Contractor its attorney’s fees and court costs incurred in enforcing this Subcontract or seeking any remedies hereunder.”
Oftentimes, a party may wonder as to the enforceability of the provision and how it is applied in the context of a dispute between a contractor and its subcontractor where both parties have asserted claims against the other.
In an opinion out of the Middle District of Georgia, U.S. f/u/b/o Cleveland Construction, Inc. v. Stellar Group, Inc., 2019 WL 338887 (M.D.Ga. 2019), a subcontractor and prime contractor on a federal construction project each asserted claims against the other in the approximate amount of $4 Million, meaning there was a potential $8 Million swing in the dispute.
The subcontract contained a provision entitling the contractor to recover attorney’s fees incurred in enforcing the subcontract or seeking remedies under the subcontract upon any default, identical to the provision above.
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David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
Thank You to Virginia Super Lawyers
July 13, 2017 —
Christopher G. Hill - Construction Law MusingsThank you to all of my peers and those at Virginia Super Lawyers for nominating and electing me to the
Virginia Super Lawyers Rising Stars for 2011. I am particularly honored because this puts me in a group of only 2.5% of lawyers in Virginia. I am truly honored to be a part of this list. Add this honor to my
election to the Virginia Business Legal Elite in Construction Law and 2010 has been a great year for my new firm!
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Christopher G. Hill, The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Chesapeake Bay Water Quality Is Still in Trouble, Two Major Reviews Say
November 07, 2022 —
Pam McFarland - Engineering News-RecordTwo separate assessments of the health of the Chesapeake Bay indicate that most jurisdictions within its watershed are not on track to meet target goals to cut nitrogen and phosphorus discharge levels by 2025. But new plans and programs put in place in 2022 could improve the restoration trajectory, according to the U.S. Environmental Protection Agency.
Reprinted courtesy of
Pam McFarland, Engineering News-Record
Ms. McFarland may be contacted at mcfarlandp@enr.com
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Florida Enacts Sweeping Tort Reform Legislation, Raising Barriers to Insurance Coverage Claims
April 18, 2023 —
Walter J. Andrews, Andrea DeField & Jae Lynn Huckaba - Hunton Insurance Recovery BlogAs discussed in a recent
client alert, on March 24, 2023, Florida Governor Ron DeSantis signed House Bill (HB) 837 into law, making it more difficult and costly for insurance policyholders of all sizes to sue insurers for bad faith by eliminating fee-shifting for most policyholders and requiring something “more than” negligence for bad faith claims.
HB 837’s Impact on Insurance Coverage Claims:
HB 837 is another in a series of reform legislation recently passed in Florida that significantly impacts policyholders’ ability to hold their insurers accountable for the wrongful failure to pay benefits due under the insurance contract. Recent efforts include last year’s repeal of the one-way fee-shifting statute for claims brought under residential and commercial property insurance policies. Previously, the fee-shifting statute allowed policyholders to recover attorneys’ fees from their insurers when the policyholder prevailed in a coverage action. HB 837 repeals
Section 627.428 of the Florida Statutes entirely, extending the repeal of the one-way fee-shifting statute to all types of insurance coverage disputes—not just those under residential and commercial property insurance policies.
Reprinted courtesy of
Walter J. Andrews, Hunton Andrews Kurth,
Andrea DeField, Hunton Andrews Kurth and
Jae Lynn Huckaba, Hunton Andrews Kurth
Mr. Andrews may be contacted at wandrews@HuntonAK.com
Ms. DeField may be contacted at adefield@HuntonAK.com
Ms. Huckaba may be contacted at jhuckaba@HuntonAK.com
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Colorado Court of Appeals Finds Damages to Non-Defective Property Arising From Defective Construction Covered Under Commercial General Liability Policy
December 20, 2012 —
HEIDI GASSMAN, HIGGINS, HOPKINS, MCLAIN & ROSWELLThe recently decided case of Colorado Pool Systems, Inc. v. Scottsdale Insurance Company (Colo. Ct. App. 10CA2638, October 25, 2012), confirms that absent specific exclusions in the policy, a commercial general liability (“CGL”) policy covers damages to non-defective property arising from a builder’s own defective workmanship.
Colorado Pool Systems, Inc. (“Colorado Pool”) was hired as a subcontractor to install a swimming pool at Founders Village Pool and Community Center (“Founders Village”) in Castle Rock, Colorado. After the concrete shell of the pool was placed, some of the rebar frame was found to be too close to the surface. Founders Village demanded that Colorado Pool remove and replace the pool, and Colorado Pool contacted its insurance carrier, Scottsdale Insurance Company (“Scottsdale”), with which Colorado Pool held a CGL policy. After inspecting the pool, Scottsdale’s claims adjuster stated that the insurance policy would cover losses associated with removing and replacing the pool.
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Heidi Gassman, Higgins, Hopkins, McLain & Roswell, LLC.Ms. Gassman can be contacted at
gassman@hhmrlaw.com
