Safety, Technology Combine to Change the Construction Conversation
September 30, 2019 —
Neil Riddle & Brent Burger - Construction ExecutiveNew technologies are redefining how to plan, build and deliver the full spectrum of construction projects. Automation, software and new processes are changing the construction industry in unprecedented ways, and construction management is evolving along with it. Construction companies are adapting—using innovative tools and resources, joined by more aggressive risk management and decision-making methods. All the while, safety remains at the heart of every successful new build.
Envisioning the Modern Job Site
Productivity has increased by leaps and bounds as processes have gotten faster and cheaper. Twenty years ago, the industry looked completely different— a $500 million project would have taken four years to deliver; today, it can be done in 29 months.
These new projects are becoming incredibly complex as new technologies change the size and scope, giving rise to more specialization and fragmentation. Building projects faster with fewer people requires a whole new level of preparation. This is where advanced planning and advanced work packaging can play a big role—by informing exactly how the material is going to arrive, how it will be staged, how it will be fabricated and how the area can be best managed to deliver the work.
Reprinted courtesy of
Neil Riddle & Brent Burger, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Mr. Riddle may be contacted at RiddleRN@bv.com
Mr. Burger may be contacted at BurgerBB@bv.com
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The Road to Hell is Paved with Good Intentions: A.B. 1701’s Requirement that General Contractors Pay Subcontractor Employee Wages Will Do More Harm Than Good
November 02, 2017 —
Steven M. Cvitanovic & Omar Parra - Haight Brown & Bonesteel LLPTales of subcontractors who close up shop before paying their employees are not all that uncommon, but they are certainly not common enough to require General Contractors to pay for that same labor twice. Last month, the California Legislature passed Assembly Bill No. 1701, which requires the General Contractor of a private construction project to pay all unpaid wages and fringe benefits owed to an employee of a subcontractor, irrespective of the tier, and even if the General Contractor made the payment. With the Governor’s recent signature, Assembly Bill No. 1701 is now the law of the land. Here is what you need to know:
- It applies to all private (but not public) construction contracts entered into on or after January 1, 2018;
- It gives a subcontractor’s employee a direct cause of action against the General Contractor for any unpaid wages and fringe benefits, even if the General Contractor has fully paid the subcontractor;
- It gives a third party owed fringe or other benefits a cause of action against the General Contractor;
- All actions by the employee or third party must be filed within one year of the earliest of the recordation of the notice of completion, the recordation of the notice of cessation of work, or the actual completion of the work;
- The General Contractor cannot contract to avoid the liability imposed by Assembly Bill No. 1701, but it can seek indemnity from the subcontractor; and
- At the General Contractor’s request, the subcontractor shall provide the General Contractor with its payroll records.
Reprinted courtesy of
Steven Cvitanovic, Haight Brown & Bonesteel LLP and
Omar Parra, Haight Brown & Bonesteel LLP
Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com
Mr. Parra may be contacted at oparra@hbblaw.com
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Haight Welcomes New Attorneys to Los Angeles, Sacramento and San Francisco
October 07, 2019 —
Haight Brown & BonesteelHaight Brown & Bonesteel is happy to announce the addition of new attorneys to our Los Angeles, Sacramento and San Francisco offices.
- Alexandra Angel – Los Angeles: Alexandra is a member of the firm’s Business Solutions, General Liability and Transportation Law Practice Groups. Her practice focuses on a variety of civil litigation matters involving premises liability, personal injury, judgment collection, breach of contract, and landlord-tenant. Her clients have included individual private clients, international property management companies, national and local real estate investment companies, a large car finance company, and local businesses.
- Josh Maltzer – San Francisco: Josh is a partner in the firm’s Construction Law, General Liability and Risk Management & Insurance Law Practice Groups. He is a seasoned civil litigator who focuses his practice on construction defect, general liability and insurance coverage. Josh is an experienced trial attorney who has litigated matters in state and federal courts throughout California and in Arizona, Washington and Wyoming. He has represented business owners, property managers, developers, real estate purchasers and public housing agencies in matters that resulted in millions of dollars in insurance recovers, judgments and settlements for his client.
Reprinted courtesy of Haight Brown & Bonesteel attorneys
Alexandra Angel,
Josh A. Maltzer,
Philip E. McDermott,
Patrick F. McIntyre,
Evan M. Reese, and
Amanda F. Riley
Ms. Angel may be contacted at aangel@hbblaw.com
Mr. Maltzer may be contacted at jmaltzer@hbblaw.com
Mr. McDermott may be contacted at pmcdermott@hbblaw.com
Mr. McIntyre may be contacted at pmcintyre@hbblaw.com
Mr. Reese may be contacted at ereese@hbblaw.com
Ms. Riley may be contacted at ariley@hbblaw.com
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California Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium Unit
May 22, 2023 —
Garrett A. Smee & Lawrence S. Zucker II - Haight Brown & Bonesteel LLPOn May 5, 2023, the California First District Court of Appeal, Division One, issued an opinion in Moses v. Roger-McKeever (A164405), holding that a condominium tenant owes no duty to a social guest using a walkway that leads to the unit.
Eleanor Moses fell on a walkway outside a condo rented by Pascale Roger-McKeever. Moses would not have used the walkway but for Roger-McKeever’s invite to a small gathering for members of a political activist group. Upon entering the condo for the event that night, Moses brought to Roger-McKeever’s attention the poor lighting in the entryway. Roger-McKeever apologized, and stated that her landlord had delayed repairing the porch light. The accident supposedly happened on a short walkway that had three steps leading away from a street sidewalk. Supposedly, Moses tripped on the second step while leaving the social gathering because of the poor lighting.
Reprinted courtesy of
Garrett A. Smee, Haight Brown & Bonesteel and
Lawrence S. Zucker II, Haight Brown & Bonesteel
Mr. Smee may be contacted at gsmee@hbblaw.com
Mr. Zucker may be contacted at lzucker@hbblaw.com
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SunTrust Will Pay $968 Million to Resolve Mortgage Probes
June 18, 2014 —
Tom Schoenberg – BloombergSunTrust Banks Inc. (STI) agreed to pay $968 million to resolve federal and state claims that a unit misrepresented the quality of mortgages the bank originated and deceived homeowners on loans it serviced.
The agreement covers loans SunTrust Mortgage made from January 2006 through March 2012 that were backed by the Federal Housing Administration even though they didn’t meet agency requirements, the Justice Department said in a statement today. Atlanta-based SunTrust disclosed the agreement in an October regulatory filing and has already accounted for the payment.
“SunTrust’s conduct is a prime example of the widespread underwriting failures that helped bring about the financial crisis,” Attorney General Eric Holder said in a statement. “We will continue to hold accountable financial institutions that, in the pursuit of their own financial interests, misuse public funds and cause harm to hardworking Americans.”
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Tom Schoenberg, BloombergMr. Schoenberg may be contacted at
tschoenberg@bloomberg.net
Updates to AIA Contract Applications
January 07, 2025 —
Anand Gupta - Construction Law Zone BlogThe construction industry often relies on contract forms drafted by the American Institute of Architects (AIA). These AIA forms include agreements between owners, designers, consultants, contractors, subcontractors, and construction managers. Some prefer to use the forms in the stock form, but others prefer to modify the language to their benefit. These modifications can be made in Microsoft Word and uploaded into AIA’s current web-based system, ACD5, to create redlines against the standard AIA forms (Checked-Drafts) and final clean versions without the “DRAFT” watermarks. Law firms and clients keep repositories of these modified templates for future projects.
A common issue with modifying documents offline in Microsoft Word and passing the documents back-and-forth between different email and document management systems is that the metadata of the forms becomes corrupted. AIA technical support then must reset the metadata, which takes hours or days. This delay can pose challenges to clients when they are up against a deadline.
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Anand Gupta, Robinson+ColeMr. Gupta may be contacted at
agupta@rc.com
Policy's Limitation Period for Seeking Replacement Costs Not Enforced Where Unreasonable
March 12, 2014 —
Tred R. Eyerly – Insurance Law HawaiiThe New York Court of Appeals determined that a two year period for obtaining replacement costs for damage to property was unenforceable where the property could not be reasonably replaced in two years. Executive Plaza, LLC v. Peerless Ins. Co., 2014 WL 551251 (N.Y. Ct. App. Feb. 13, 2014).
Plaintiff's office building was severely damaged in a fire on February 23, 2007. It cost more than a million dollars to restore the building to its previous condition. Plaintiff had $1 million in coverage from Peerless. The policy provided that replacement costs for any loss would be paid after the damaged property was repaired. The insured was required to make the repairs as soon as possible. Further, the policy provided that any legal action against the insurer had to be brought within two years of the loss.
Peerless paid the "actual cash value" of the destroyed building pursuant to the policy in the amount of $757,812.50. Peerless informed the plaintiff that it would have to provide documentation of the completion of repairs to collect the full replacement value, another $242,187.50.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Hurricane Warning: Florida and Southeastern US Companies – It is Time to Activate Your Hurricane Preparedness Plan and Review Key Insurance Deadlines
November 01, 2022 —
Andrea DeField, Walter J. Andrews, Michael S. Levine, Lawrence J. Bracken II & Cary D. Steklof - Hunton Insurance Recovery BlogHurricane Ian is rapidly approaching the west coast of Florida and is expected to make landfall as a Category 4 hurricane near the Tampa area within the coming days. While the exact track is still being determined, there is a chance the storm may also impact insureds in Georgia and South Carolina. Now is the time to activate your disaster plan and ensure that you have your relevant insurance policies in your possession and that you review them for critical deadlines.
We put together an
alert here with tips to help you and your business mitigate potential storm loss and maximize coverage.
Reprinted courtesy of
Andrea DeField, Hunton Andrews Kurth,
Walter J. Andrews, Hunton Andrews Kurth,
Michael S. Levine, Hunton Andrews Kurth,
Lawrence J. Bracken II, Hunton Andrews Kurth and
Cary D. Steklof, Hunton Andrews Kurth
Ms. DeField may be contacted at adefield@HuntonAK.com
Mr. Andrews may be contacted at wandrews@HuntonAK.com
Mr. Levine may be contacted at mlevine@HuntonAK.com
Mr. Bracken may be contacted at lbracken@HuntonAK.com
Mr. Steklof may be contacted at csteklof@HuntonAK.com
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