Nicholas A. Thede Joins Ball Janik LLP
October 02, 2015 —
Beverley BevenFlorez-CDJ STAFFAs of September 1st, Nicholas A. Thede, an insurance recovery litigator, joined Ball Janik LLP’s Insurance Recovery, Construction Defect, and Litigation practices. According to the release, Mr. Thede “has advised clients in a wide variety of insurance disputes, including claims arising under general liability, professional liability, directors and officers, employee dishonesty, homeowners, and automotive insurance policies. Thede has successfully represented clients in trials, arbitrations, and appeals, and has obtained numerous favorable settlements for his clients. He has handled insurance disputes throughout Oregon and Washington, along with several other jurisdictions. Mr. Thede has substantial experience litigating claims for insurance ‘bad faith’ and recovery of attorney fees in a variety of settings.”
Ball Janik LLP is headquartered in Portland, Oregon.
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The Business of Engineering: An Interview with Matthew Loos
July 15, 2019 —
Aarni Heiskanen - AEC BusinessMatthew Loos is an experienced project manager in the civil engineering industry. He works as a project engineer at Jones|Carter in Fort Worth, Texas. In this interview, we discuss Matt’s new book, The Business of Engineering.
It is not very common that an engineer writes a non-technical book. What inspired you to do so?
Have you ever gotten an idea stuck in your head that you just couldn’t let go of? A time when you couldn’t go to sleep because the idea was consistently begging for your attention?
That’s what happened to me. The idea for this book hits me right before bed, as most good ideas do. I couldn’t go to sleep after the idea struck me. I spent half of the night writing the chapters of this book in my mind. I had been thinking about the idea of engineering and how it relates to other career fields, even the non-technical ones. I was disenchanted with the trifling number of classes I took that prepared me for the business world. These were the initial thoughts that eventually led me down the road into thinking about engineering as a profession going forward.
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Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
Project-Specific Policies and Products-Completed Operations Hazard Extensions
May 31, 2021 —
Jeremiah M. Welch - Saxe Doernberger & Vita1. Understanding the “Products-Completed Operations Hazard”
ISO commercial general liability (“CGL”) policies use the term “products-completed operations hazard” (“PCOH”) to define a category of risk which is treated specially by certain exclusions within the policy and often subject to separate limits of insurance. In construction, we think about PCOH as being about coverage for completed work.
Bodily injury and property damage arising out of completed work is a significant construction risk. Most construction contracts include warranty and indemnity obligations for completed work. All states allow lawsuits to be brought alleging bodily injury or property damage because of completed work based on common law. Contract and common law claims are subject to statutes of limitation – laws which define the time in which suits must be brought. Most states provide exceptions to their statutes of limitation for common law claims – the most common example is an extension to file a lawsuit based on a latent defect until the defect is discovered. Most states also have “statutes of repose” – laws that set a date after which suit may no longer be brought, no matter what the circumstances are. A construction contractor, therefore, has potential liability until the statute of repose period has expired. Thus, a contractor looks to ensure that it has coverage for the PCOH for its full statute of repose liability period.
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Jeremiah M. Welch, Saxe Doernberger & VitaMr. Welch may be contacted at
JWelch@sdvlaw.com
Review the Terms and Conditions of Purchase Orders- They Could be Important!
February 15, 2018 —
Christopher G. Hill – Construction Law MusingsThere are many moving parts on a commercial construction project. These range from site surveys to weather events to ordering materials. On most large construction projects, the prime contract and subcontracts are generally
drafted ahead of time and hopefully reviewed by both in house personnel and an
experienced construction attorney. However, there are situations, particularly where the contract may be one for service or provision of materials where individual purchase orders are issued as opposed to what would likely be looked at as a long form subcontract.
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Christopher G. Hill, The Law Office of Christopher G. Hill, PC
CSLB Reminds California Public Works Contractors to Renew Their Public Works Registration
October 02, 2015 —
Garret Murai – California Construction Law BlogA friendly reminder from the Contractors State License Board . . .
CSLB Urges Public Works Contractors to Renew Dept. of Industrial Relations Registration before October 1 to Avoid Hefty Penalty
SACRAMENTO — A mandatory renewal deadline is approaching for licensees who work on public works projects. Contractors whose registration with the California Department of Industrial Relations (DIR) expired June 30, 2015, and have ongoing public works projects or plan to bid on new ones, must pay the $300 renewal fee
before October 1, 2015, or face an additional $2,000 late penalty after that date.
As a result of
Senate Bill (SB) 854, all contractors have been required since April 1, 2015, to register with DIR to be awarded a public works contract, even if the project did not go out to bid.
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Garret Murai, Wendel Rosen Black & Dean LLPMr. Murai may be contacted at
gmurai@wendel.com
Newmeyer & Dillion Attorneys Selected to Best Lawyers in America© Orange County and as Attorneys of the Year 2018
August 17, 2017 —
Newmeyer & Dillion LLPNEWPORT BEACH, Calif. – AUGUST 17, 2017 – Prominent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that nine of the firm’s attorneys were recently recognized in their respective areas in The Best Lawyers in America© 2018. Two attorneys, Gregory Dillion and Thomas Newmeyer, also have been selected as an Orange County "Lawyer of the Year." Attorneys named to The Best Lawyers in America, include:
Jason M. Caruso |
Personal Injury Litigation, Product Liability Litigation |
Michael S. Cucchissi |
Real Estate Law |
Gregory L. Dillion |
Commercial Litigation, Construction Law, Insurance Law, Litigation – Construction, Litigation – Real Estate |
Jeffrey M. Dennis |
Insurance Law |
Joseph A. Ferrentino |
Litigation – Construction, Litigation – Real Estate |
Thomas F. Newmeyer |
Commercial Litigation, Construction Law, Litigation – Real Estate |
John A. O'Hara |
Litigation – Construction |
Bonnie T. Roadarmel |
Insurance Law |
Carol Sherman Zaist |
Commercial Litigation |
Additionally, Gregory Dillion was selected as the Orange County Construction Litigation "Lawyer of the Year" and Thomas Newmeyer was selected as the Orange County Construction Law "Lawyer of the Year."
Best Lawyers is the oldest peer-review publication within the legal profession with a history of over 30 years. Attorneys are selected through intensive peer-review surveys in which leading lawyers evaluate their professional peers. Their listings are published in 75 countries worldwide and are recognized for their reliable and unbiased selections. Newmeyer & Dillion is immensely proud of these lawyers and looks forward to their future endeavors.
About Newmeyer & Dillion
For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client’s needs. 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 have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949-854-7000 or visit www.ndlf.com.
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Insurance Tips for Contractors
December 08, 2016 —
Patrick McNamara - Porter Law GroupMany contractors contentedly accept the insurance policies presented to them by their insurance carriers. However, it is a much better practice to be an active participant in choosing the most appropriate coverage for your business and the specific jobs that you are performing. Use the following tips to be sure your company has the best and most comprehensive coverage.
- Never purchase a Commercial General Liability (“CGL”) policy with a “sunset” provision limiting coverage under Products & Completed Operations liability (P&CO) to a 2, 3 or 4-year term. Why? Because the California statute of limitations for construction defect claims is generally 10 years.
- Never consider a “Claims-made” or “Modified Occurrence” coverage form which also have a built-in limitation as to the length or term of P&CO coverage. Example: If you purchase a claims-made policy and decide to “switch” your insurance to the preferred “occurrence” coverage form, unless a special provision is made prior to the new purchase, the claims-made coverage would become worthless after the sixty (60) day claims-reporting period.
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Patrick McNamara, Porter Law GroupMr. McNamara may be contacted at
pmcnamara@porterlaw.com
South Carolina Supreme Court Asked Whether Attorney-Client Privilege Waived When Insurer Denies Bad Faith
September 18, 2018 —
Tred R. Eyerly - Insurance Law HawaiiThe Fourth Circuit certified the following question to the South Carolina Supreme Court: Does South Carolina law support application of the "at issue" exception to the attorney-client privilege such that a party may waive the privilege by denying liability in its answer? In Re: Mt. Hawley Ins. Co., 2018 U.S. App. LEXIS 17910 (4th Cir. June 28, 2018).
Mt. Hawley insured Contravest Construction Company under an excess commercial liability policy from July 21, 2003 to July 21, 2007. During this period, Contravest constructed a development in South Carolina. In 2011, the Owners Association sued Contravest for alleged defective construction. Mt. Hawley denied tenders to defend or indemnify. Contravest ultimately settled the case.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com