Fairfield Connecticut Building Expert Directory

The Unpost, Post: Dynamex and the Construction Indianapolis

July 10, 2018 — Garret Murai - California Construction Law Blog
It’s been three months since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court, Case No. S222732 (April 30, 2018) and I’ve had a couple of readers (perhaps my only two) ask whether I was going to write about the decision. I’m not. Well, obviously, that’s not quite true if you’re reading this. Rather, I’ll tell you why I’m writing about not writing about the decision. Dynamex is certainly an important decision and one that will likely be cited for decades to come. In short, Dynamex changed the nearly 30-year old test, first elucidated in S.G. Borello & Sons Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341, for determining whether a worker is properly classified as an independent contractor or an employee. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Asserting Non-Disclosure Claim Involving Residential Real Property and Whether Facts Are “Readily Observable”

September 29, 2021 — David Adelstein - Florida Construction Legal Updates
Under Florida law, there is a claim dealing with the purchase and sale of residential real property known as a Johnson v. Davis or a non-disclosure claim: “[W]here the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.” Lorber v. Passick, 46 Fla.L.Weekly D1952a (Fla. 4th DCA 2021). A seller’s duty to disclose extends to a seller’s real estate agent/broker. Id. A non-disclosure claim is asserted by the buyer of residential real property when the buyer discovers defects or damages with the real property that he believes materially affects the value of the property. While there may be the sentiment these are easy claims to prove, they are not. Remember, a non-disclosure claim deals with facts that materially affect the value of residential real property and are NOT readily observable. The use of the language “readily observable” has been found to mean:

“[I]nformation [that] is within the diligent attention of any buyer. To exercise diligent attention…a buyer would be required to investigate any information furnished by the seller that a reasonable person in the buyer’s position would investigate and take reasonable steps to ascertain the material facts relating to the property and to discovery them—if, of course, they are reasonably ascertainable.”

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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Can an Architect, Hired by an Owner, Be Sued by the General Contractor?

September 10, 2014 — Craig Martin – Construction Contractor Advisor
As is often the answer in this blog, maybe. And, it will likely depend on which state’s law is applied. Over the last few weeks, courts around the country have reached differing conclusions on whether a general contractor may sue an architect that it did not hire. Here’s the situation: The owner hires an architect to draft plans for a project. The project is then put out for bid and the owner hires a general contractor for the work. The general contractor and architect do not enter into a contract with each other. If, during construction, the general contractor finds fault with the plans, it may seek Request for Information and Change Orders, to shore up the perceived problems with the plans. Ultimately, the general contractor may sue the architect to recover damages it suffered in completing the project. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

Colorado Senate Bill 13-052 Dies in Committee

May 10, 2013 — David M. McLain
On April 17, 2013, the Colorado Senate Judiciary Committee voted, along party lines, to postpone indefinitely SB 52. Here is a link to the Denver Business Journal's story regarding the bill and its untimely demise: "Lawmakers kill lawsuit limits on condo defects." Unfortunately, it will be at least another year before the legislature will have the ability to provide some much needed relief to the Colorado construction industry. Read the court decision
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Reprinted courtesy of David M. McLain
Mr. McLain can be contacted at mclain@hhmrlaw.com

Gloria Gaynor Sues Contractor over Defective Deck Construction

October 22, 2013 — CDJ STAFF
Gloria Gaynor, known for her 1978 disco hit, “I Will Survive” is suing the firm that renovated her second-floor deck, alleging that the work lead to water intrusion into her home. Ms. Gaynor also accuses the company of consumer fraud, alleging that Diaz Landscape Design & Tree Service LLC lacked registration as a home improvement contractor and failed to obtain a building permit for the structure. Ms. Gaynor paid about $38,000 for the replacement of her deck and other renovations to her property in 2007. Subsequently, the singer noticed “ponding of water on the deck, water damage to wood sills and supports, and the formation of mold,” according to the lawsuit. Diaz Landscape attempted repairs, but “the problems persisted and continue to persist causing further damage.” The lawsuit claims that the cost of replacing the defective deck construction would cost about $120,000. Read the court decision
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CA Supreme Court Expands Scope of Lawyers’ Statute of Limitations to Non-Legal Malpractice Claims – Confusion Predicted for Law and Motion Judges

August 26, 2015 — David W. Evans & Stephen J. Squillario – Haight Brown & Bonesteel LLP
In Lee v. Hanley (S220775 – Filed 8/20/2015), the California Supreme Court clarified the meaning of Code of Civil Procedure section 340.6 by holding that its limitations period applies to claims against attorneys “whose merits necessarily depend on proof that an attorney violated a professional obligation in the course of providing professional services.” Although it resolved a district split by finding that the statute governs for non-legal malpractice claims against attorneys including those of non-clients, by having the statute’s applicability “turn on the conduct alleged and ultimately proven, not on the way the complaint was styled,” this 5-2 decision also increased the specter of creative pleading and lengthy litigation. In Lee, the client had advanced $120,000 to cover attorney’s fees, costs and expert witness fees for the underlying litigation. After the case settled, the attorney advised the client that she had a credit balance of approximately $46,000. In response to her demand for a refund, the attorney then advised the client that she did not have a credit balance. More than one year later, the client filed suit to recover the $46,000, plus interest. The trial court sustained the attorney’s demurrer based on the one-year statute of limitations in section 340.6. The appellate court, however, reversed, reasoning that the client’s claim could be construed as one for conversion, in which case section 340.6 would not apply. Reprinted courtesy of David W. Evans, Haight Brown & Bonesteel LLP and Stephen J. Squillario, Haight Brown & Bonesteel LLP Mr. Evans may be contacted at devans@hbblaw.com Mr. Squillario may be contacted at ssquillario@hbblaw.com Read the court decision
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Mortgage Applications in U.S. Jump 11.6% as Refinancing Surges

October 22, 2014 — Danielle Trubow – Bloomberg
Mortgage applications in the U.S. soared last week as a plunge in borrowing costs led to biggest gain in home refinancing since January 2012. The Mortgage Bankers Association’s index rose 11.6 percent in the period ended Oct. 17, the biggest gain since January, after a 5.6 percent advance the week before, figures from the Washington-based group showed today. The refinancing gauge jumped 23.3 percent while the purchase applications measure dropped 4.6 percent. Read the court decision
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Reprinted courtesy of Danielle Trubow, Bloomberg
Ms. Trubow may be contacted at dtrubow@bloomberg.net

Newmeyer Dillion Named 2023 Best Law Firm in Multiple Practice Areas By U.S. News-Best Lawyers

November 07, 2022 — Newmeyer Dillion
NEWPORT BEACH, Calif. – November 3, 2022 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that U.S. News-Best Lawyers® has recognized the firm in its 2023 "Best Law Firms" rankings, in seven 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 - Insurance Litigation - Real Estate Real Estate Law

Additionally, the firm has been recognized as Tier 2 in Employment Law - Management and Tier 3 in Litigation - Labor & Employment. "Newmeyer Dillion prides itself on genuinely partnering with our clients to offer business-oriented solutions for their legal issues," said Managing Partner Paul Tetzloff. "Receiving this honor shows that our clients appreciate the quality of our work and our team's dedication to their organization's success." Firms included in the 2023 "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. 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 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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