Court Voids Settlement Agreement in Construction Defect Case
September 01, 2011 —
CDJ STAFFA U.S. District Court Judge in Florida has ruled in favor of a company that sought to void a settlement agreement. The case, Water v. HDR Engineering, involved claims of construction defects at Florida’s C.W. Bill Young Regional Reservoir. The Tampa Bay Water Authority attributed these to both HDR Engineering’s design and Bernard Construction Company which had built the embankment. Bernard Construction filed a complaint against their subcontractor, McDonald.
Tampa Bay Water settled with Bernard Construction and McDonald, in an agreement that set a minimum and maximum settlement, but also would “prohibit Barnard and McDonald from presenting any evidence on several claims and positions of TBW, to require Barnard to call certain witnesses at trial, to preclude Barnard and McDonald from calling other witnesses, and to restrict the filing of trial and post-trial motions.” HDR Engineering moved to void the agreement as collusive.
The judge that the agreement¬? contained “133 paragraphs of ‘Agreed Facts’ that the parties stipulated would survive any order declaring the Settlement Agreement void or unenforceable.” He characterized these as stipulating “that Barnard neither caused nor contributed to TBW’s damages.” HDR motioned that a summary judgment be given to Barnard Engineering.
The court found that “the evidence identified by TBW is patently insufficient to survive summary judgment.” Further, TBW’s expert initially held Barnard responsible for “lenses, pockets, streaks and layers within the embankment,” but then later withdrew this assigning the responsibility to HDR. Further, the court notes that, “TBW’s arguments that lenses, pockets, streaks, and layers in the soil wedge caused or contributed to its damages and that Barnard is liable for those damages have been foreclosed by the Agreed Facts.”
As TBW failed to provide sufficient evidence to withstand summary judgment, the court granted summary judgment, mooted the claim against McDonald, and terminated the agreement between TBW and the other parties.
Read the court’s decision…
Read the court decisionRead the full story...Reprinted courtesy of
Electronic Signatures On Contracts: Are They Truly Compliant?
April 10, 2023 —
Rebecca S. Glos - ConsensusDocsElectronic Signatures On Contracts: Are They Truly Compliant
As companies move to work-from-home situations in the wake of the COVID-19 pandemic, the issue of whether electronic signatures are legally recognized becomes more relevant. For many platforms, an electronic signature merely requires logging in, clicking a button, or typing your name. This process, which replaces the mighty pen and quill, is so effortless that oftentimes an electronic signature may feel like it does not carry the same weight as a handwritten signature. Thus, the question that we should be asking ourselves is whether the law recognizes this type of signature as being valid? Additionally, if electronic signatures are, indeed, valid, are there exceptions on whether they can be used?
Difference Between “Electronic” And “Digital” Signatures
Before delving into this issue, an understanding of some related terms may be helpful. In basic terms, an electronic signature (or “e-signature”) is any signature created or captured through a computer or other electronic device. Electronic signatures can include touch-sensitive screens where you use your finger or a stylus to sign your name as you would on a paper document. Electronic signatures can also include forms where you merely type in your name and perhaps other identifying information, then check a box stating that you intend to sign the document. They cover the full range of technologies and solutions to create signatures electronically such as:
- Clicking “I Agree” on a website;
- Signing with your finger on a mobile device;
- Typing your name or PIN into an online form; or
- Using e-signature software
Read the court decisionRead the full story...Reprinted courtesy of
Rebecca S. Glos, Watt, Tieder, Hoffar, & Fitzgerald, LLP (ConsensusDocs)Ms. Glos may be contacted at
rglos@watttieder.com
Stop by BHA’s Booth at WCC and Support the Susan G. Komen Foundation
May 12, 2016 —
Beverley BevenFlorez-CDJ STAFFIf you’re attending the annual West Coast Casualty Seminar at the Disneyland Hotel today and tomorrow, be sure to stop by the Bert L. Howe & Associates, Inc., booth and
Sink a Putt for Charity. This year, participant’s efforts
on the green will help benefit the Susan G. Komen Race for the Cure. As in years past, sink a putt in the BHA golf challenge and win a $25 Best Buy gift card, and for every successful putt made, BHA will make a $25 cash donation in the golfer’s name to the Susan G. Komen Foundation.
New this year, BHA is hosting three
Championship Rounds and during those periods BHA will double their charitable contributions. For every ATTEMPTED (sink or miss), BHA will make a $50 donation to Susan G. Komen, and for every putt MADE (sunk), the golfer will also win a $50 Best Buy gift card.
Championship rounds are going on today between the times of 10:30am-10:45 am, 3:00pm-3:30pm, and 5:30pm-6:30pm. So be sure to get over to the BHA booth for your chance to support important cancer research as well as possibly taking home a nice gift card for yourself.
BHA also wishes to thank Dave Stern for all of his hard work for the construction defect community in putting together this
must go to seminar and for promoting such worthwhile charities each year.
Read the court decisionRead the full story...Reprinted courtesy of
Pushing the Edge: Crews Carve Dam Out of Remote Turkish Mountains
July 04, 2023 —
Pam McFarland - Engineering News-RecordRugged Construction | Part Two of an ENR Series
On a cold, gray day in late March, the mountains on the drive to the Yusufeli hydroelectric dam project site in northeastern Turkey seem ominous.
With the highest of these rising more than 3,000 meters above sea level—some of them snow-capped—the jagged rock formations look stark and imposing, the type only a trained professional should attempt to cross.
Reprinted courtesy of
Pam McFarland, Engineering News-Record
Ms. McFarland may be contacted at mcfarlandp@enr.com
Read the full story... Read the court decisionRead the full story...Reprinted courtesy of
A Court-Side Seat: SCOTUS Clarifies Alien Tort Statute and WOTUS Is Revisited
July 11, 2021 —
Anthony B. Cavender - Gravel2GavelWhat follows is a brief account of some of the notable U.S. environmental and administrative law cases recently decided.
THE U.S. SUPREME COURT
Nestle USA, Inc. et al. v. Doe, et al.
The Supreme Court has decided another important case interpreting the Alien Tort Statute. Released on June 17, 2021, this decision reverses the Ninth Circuit which had ruled that the respondents—six individuals who alleged they were child slaves employed on Ivory Coast cocoa farms, could sue the American-based companies for aiding and abetting child slave labor. Without dissent, the Court rejected this reading of the ATS and affirmed its own recent rulings on the scope of the ATS.
Read the court decisionRead the full story...Reprinted courtesy of
Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com
What Cal/OSHA’s “Permanent” COVID Standards Mean for Employers
March 06, 2023 —
Payne & Fears LLPEffective Feb. 3, 2023, California has implemented new, “permanent,” COVID-19 standards. The new regulations were adopted by Cal/OSHA on Dec. 15, 2022, but only became effective upon the review and final approval by the Office of Administrative Law. These non-emergency regulations—slated to remain in effect for two years—supplant the COVID-19 Prevention Emergency Temporary Standard (ETS) that have been in effect since early in the pandemic.
The non-emergency regulations abandon core parts of the ETS, include new definitions for key terms, and update requirements for important provisions. We discuss the primary changes below. The regulation itself is available online, as well as a copy provided by Cal/OSHA comparing the differences between the ETS and the new regulation.
An End to Exclusion Pay
The non-emergency regulations do not require employers to maintain exclusion pay (an excluded employee’s earnings, seniority, rights, and benefits). All that employers must do under the new regulations is inform confirmed COVID-19 cases and close contacts about potential COVID-19 benefits under federal or local laws (where applicable). This does not affect employees who may receive paid time off under other federal, state, and local laws, as well as through collective bargaining agreements or other employer policies.
Read the court decisionRead the full story...Reprinted courtesy of
Payne & Fears LLP
Toll Brothers Honored at the Shore Builders Association of Central New Jersey Awards
May 13, 2024 —
Toll BrothersFREEHOLD, N.J., May 07, 2024 (GLOBE NEWSWIRE) --
Toll Brothers, Inc. (NYSE:TOL), the nation's leading builder of luxury homes, today announced that the Company's New Jersey Division was honored with six awards at the 2024 Fabulous Achievements in Marketing Excellence (FAME) Awards held at South Gate Manor in Freehold, New Jersey.
Presented by the Shore Builders Association of Central New Jersey, the FAME Awards honor home builders of the New Jersey Builders Associations who have made major contributions to the home building industry. The awards span categories from product and design to advertising, marketing, and professional achievements. Toll Brothers was selected as the winner in the following categories:
For more information on Toll Brothers communities in New Jersey, visit
TollBrothers.com/NewJersey.
About Toll Brothers
Toll Brothers, Inc., a Fortune 500 Company, is¬ the nation's leading builder of luxury homes. The Company was founded 57 years ago in 1967 and became a public company in 1986. Its common stock is listed on the New York Stock Exchange under the symbol "TOL." The Company serves first-time, move-up, empty-nester, active-adult, and second-home buyers, as well as urban and suburban renters. Toll Brothers builds in over 60 markets in 24 states: Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, North Carolina, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, and Washington, as well as in the District of Columbia. The Company operates its own architectural, engineering, mortgage, title, land development, smart home technology, and landscape subsidiaries. The Company also develops master-planned and golf course communities as well as operates its own lumber distribution, house component assembly, and manufacturing operations.
Read the court decisionRead the full story...Reprinted courtesy of
Continuous Injury Trigger Applied to Property Loss
January 07, 2015 —
Tred R. Eyerly – Insurance Law HawaiiThe Seventh Circuit Court of Appeals predicted that the Wisconsin appellate courts would apply the continuous injury trigger to find coverage after the policy expired for damage caused by water infiltration. Strauss v. Chubb Indem. Ins. Co., 2014 U.S. App LEXIS 21794 (7th Cir. Nov. 18, 2014).
The insureds built their home in 1994. They purchased coverage for their home from Chubb. Coverage was in place from October 1994 through October 2005. The policy stated that coverage was limited "only to occurrences that take place while this policy is in effect." "Occurrence" was defined as "a loss or accident to which this insurance applies occurring within the policy period. Continuous or repeated exposure to substantially the same general conditions unless excluded is considered to be one occurrence."
In October 2010, the insureds discovered that water infiltration had been causing damage within the building envelope of the home. The infiltration was ongoing, beginning around the time of original construction and continuously occurring with each subsequent rainfall. Chubb denied coverage because the damage was not discovered during any of their policy periods.
Read the court decisionRead the full story...Reprinted courtesy of
Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
