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.
Reprinted courtesy of
Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
Read the full story... Read the court decisionRead the full story...Reprinted courtesy of
Doing Construction Lead Programs the Right Way
October 16, 2018 —
Natalie Craigmile - Construction InformerRunning a construction business takes hard work. When you are working on a job, it can be difficult to find time to spend on marketing and advertising. If you are short on time, buying leads through construction lead programs could be a good way to meet new customers, grow your business, and find your next job. Keep reading to learn more about some of the pros and cons of buying leads.
A construction lead generation service exists solely to connect home owners with local home improvement contractors. They market across different construction specialties and reach customers who are looking for construction companies. Once they capture the ‘lead’, which is essentially the contact information and a few project details of that potential customer, they sell the lead to one or more local contractors in their network.
Read the court decisionRead the full story...Reprinted courtesy of
Natalie Craigmile, Construction Informer
Angelo Mozilo Speaks: No Regrets at Countrywide
September 03, 2014 —
Max Abelson – BloombergSix years after he lost control of the largest mortgage lender in the U.S., and days after news that the U.S. Attorney’s Office in Los Angeles plans to sue him, the Countrywide Financial Corp. founder is baffled by a new effort to punish him, proud of past triumphs and incensed by criticism.
“You’ll have to ask those people, ‘What do you have against Mozilo, what did he do?’” he said in a 30-minute call with Bloomberg News before Labor Day, one of his few interviews since the firm’s downfall. “Countrywide didn’t change. I didn’t change. The world changed.”
Interviews with Mozilo, 75, and three friends show what retirement looks like for a chief executive officer linked to the worst financial crisis since the Great Depression. Remaining out of public view like Lehman Brothers Holdings Inc.’s Richard Fuld or Jimmy Cayne of Bear Stearns Cos., Mozilo has submitted plans for Old West-style offices in California, taught students in Italy about finance, invested in a building in the Arizona desert that houses a Taco Bell and written about his life so that his grandchildren will “know the truth.”
Read the court decisionRead the full story...Reprinted courtesy of
Max Abelson, BloombergMr. Abelson may be contacted at
mabelson@bloomberg.net
What Is the Best Way to Avoid Rezoning Disputes?
August 30, 2021 —
Collier Marsh - Construction ExecutiveConstruction companies and developers are accelerating projects in the southeast and throughout the country as the economy rebounds from the worst of the COVID-19 pandemic. Whether they are building commercial, industrial or residential projects, these developments often require rezoning to maximize an investment. But rezoning disputes can add significant delays and costs to a project and can even defeat the project altogether.
There are proactive steps construction companies can take to avoid disputes as they are working to secure rezoning approval, as well after the rezoning is complete. During the initial rezoning process, before a final municipal decision, one of the best practices is to anticipate opposition and address it head-on. As for post-approval disputes, those often come down to how carefully a company followed the local procedures and, where applicable, the local evidentiary requirements.
Reprinted courtesy of
Collier Marsh, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the court decisionRead the full story...Reprinted courtesy of
Mr. Marsh may be contacted at
colliermarsh@parkerpoe.com
Hawaii Appellate Court Finds Agent May Be Liable for Failing to Submit Claim
November 01, 2022 —
Tred R. Eyerly - Insurance Law HawaiiAfter the agent informed the insured there was no coverage and submitting a claim would be a useless effort, the Hawaii Intermediate Court of Appeal reversed the trial court's dismissal of the insured's suit against the agent. Pflueger, Inc. v. AIG Holdings, Inc., 2022 Haw. App. LEXIS 279 (Haw. Ct. App. Sept. 2, 2022).
In May 2008, Pflueger notified its agent, Noguchi & Associates, Inc., that it had received federal grand jury subpoenas. Noguchi informed Pflueger that the subpoenas did not qualify as a "claim" under two policies issued by National Union. Consequently, Noguchi did not forward a claim or the subpoenas to National Union and did not seek clarification as to whether the grand jury subpoenas were covered under the policies. Pflueger relied upon Noguchi's representations and took no further action until its attorney submitted a demand letter tendering Pflueger's defense to Nation Union nine months later, in February 2009.
Read the court decisionRead the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
White and Williams LLP Acquires 6 Attorney Firm
August 29, 2022 —
White and Williams LLPWhite and Williams LLP has announced the acquisition of a six-attorney law firm nationally known for their work in the surety and construction space. Located in Towson, MD, Baltimore County, the attorneys of Pike & Gilliss LLC will join White and Williams, marking the opening of the firm’s 11th location and extending the firm’s presence to Maryland, Washington DC and Virginia.
Attorneys joining White and Williams include David Gilliss, who will serve as Managing Partner of the Towson office, Patrick Pike and Eric Korphage as partners, Joel Williams as Counsel, and Anthony Kikendall and Robert Kline as associates.
“We are excited to make this longtime informal partnership official by joining forces,” said Gilliss. “Attorneys from White and Williams and Pike & Gilliss have had clients in common for over a decade and we often collaborate. This official coming together creates one of the leading surety practices in the country, offering clients a broader and more cohesive experience and extensive legal expertise.”
Read the court decisionRead the full story...Reprinted courtesy of
White and Williams LLP
New Jersey Construction Company Owner and Employees Arrested for Fraud
December 04, 2013 —
CDJ STAFFFrank Chimento, Jr., the owner of Chimento Construction of Parsippany, New Jersey, and three of his employees, Joseph Carsillo, Frank Chimento III, and Carl J. Corso, were arrested by federal agents. The elder Chimento is accused of falsifying his own income taxes, as well as failing to collect and turn over federal and state payroll taxes. He is additionally charged with falsifying union benefit fund contributions.
The three employees are also accused of filing false income tax statements and also of attempting to defraud the state of New Jersey of unemployment compensation benefits. An additional unnamed conspirator made transactions at multiple financial institutions in order to pay employees directly in cash.
One of the three employees, Mr. Carsillo, worked for the company and received cash payments while maintaining to the New Jersey Department of Labor and Workforce Development that he was unemployed. Mr. Carsillo was receiving $526 per week from the NJDOL-WD in unemployment benefits, starting in 2009. From 2009 through 2011, Mr. Carsillo received $19,988 in unemployment benefits and an additional $351,788 in wages from Chimento.
Read the court decisionRead the full story...Reprinted courtesy of
Impact of Lis Pendens on Unrecorded Interests / Liens
September 15, 2016 —
David Adelstein – Florida Construction Legal UpdatesIn a previous article, I discussed the importance of recording a lis pendens in a construction lien foreclosure action.
There is another noteworthy point relating to the impact of lis pendens that can provide quite a bit of consternation.
Florida Statute 48.23(1)(d) provides:
Except for the interest of persons in possession or easements of use, the recording of such notice of lis pendens, provided that during the pendency of the proceeding it has not expired pursuant to subsection (2) or been withdrawn or discharged, constitutes a bar to the enforcement against the property described in the notice of all interests and liens, including, but not limited to, federal tax liens and levies, unrecorded at the time of recording the notice unless the holder of any such unrecorded interest or lien intervenes in such proceedings within 30 days after the recording of the notice. If the holder of any such unrecorded interest or lien does not intervene in the proceedings and if such proceedings are prosecuted to a judicial sale of the property described in the notice, the property shall be forever discharged from all such unrecorded interests and liens. If the notice of lis pendens expires or is withdrawn or discharged, the expiration, withdrawal, or discharge of the notice does not affect the validity of any unrecorded interest or lien.
Read the court decisionRead the full story...Reprinted courtesy of
David M. Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com