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Nevada Bill Aims to Reduce Legal Fees For Construction Defect Practitioners

March 21, 2011 — CDJ STAFF

Assemblyman Ira Hansen and twelve additional members of Nevada’s Assembly are sponsoring Assembly Bill 285. AB 285 Revises provisions governing an award of attorney’s fees in causes of action for constructional defects. Existing law generally provides that a claimant may recover reasonable attorney’s fees as part of the claimant’s damages in a cause of action for constructional defects. (NRS 40.655)

This bill removes this provision and instead authorizes a court to award reasonable attorney’s fees to a prevailing party involved in such a cause of action if an independent basis for the award exists pursuant to existing law which authorizes a court to award attorney’s fees in certain circumstances, or Rule 68 of the Nevada Rules of Civil Procedure, which provides for the payment of reasonable attorney’s fees by an offeree who rejects an offer and subsequently fails to obtain a more favorable judgment.

In an AP report published in Business Week it is suggested that the target objective of legislators centers on what it refers to as Nevada’s "Rampant construction defect lawsuits".

According to Business Week "The suits bring in hundreds of millions of dollars for lawyers and have put construction companies out of business. Hansen says fewer construction firms mean higher prices for Nevada consumers."

Click Here To Read Full Text and Revisions of Assembly Bill 285

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Four Things Construction Professionals Need to Know About Asbestos

September 23, 2019 — Daniel King - Construction Executive
Although asbestos had its heyday in America half a century ago, asbestos exposure remains a major health risk and financial liability for construction professionals. One study estimates that at least 1.3 million construction industry workers are still at risk for occupational asbestos exposure. Up until the 1980s, U.S. manufacturers mixed asbestos into thousands of construction products. Asbestos is a unique mineral that can be worked into flexible fibers while still retaining its durability and heat resistance. Unfortunately, the fibrous nature of asbestos also makes it highly toxic. This article provides an overview of what construction professionals need to know about asbestos, including:

potential long-term health consequences of asbestos exposure for workers and short-term financial consequences for employers;
Occupational Safety and Health Administration asbestos regulations;
how to identify and safely remove asbestos-containing materials; and
what people should do if they have a history of asbestos exposure.

Reprinted courtesy of Daniel King, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. King may be contacted at dking@asbestos.com

Whether Subcontractor's Faulty Workmanship Is an Occurrence Creates Ambiguity

March 16, 2017 — Tred R. Eyerly – Insurance Law Hawaii
The Ohio Court of Appeals determined that the CGL policy was ambiguous as to whether a subcontractor's faulty workmanship was an "occurrence." Ohio N. Univ. v. Charles Constr. Serv., 2017 Ohio App. LEXIS 258 (Ohio Ct. App. Jan. 23, 2017). In 2007, Ohio Northern University (ONU) entered a contract with Charles Construction Services, Inc. (CCS) to construct a hotel on the campus. In 2011, the building was completed, but ONU found water intrusion and moisture damage in the interior. When remediating the water damage, ONU found additional, serious structural defects. ONU sued CCS, alleging breach of contract, breach of express warranty, and negligent misrepresentation. CCS filed a third-party action against many of its subcontractors. Cincinnati Insurance Company (CIC) intervened and filed a cross-claim for a declaratory judgment that it had no duty to provide coverage to CCS. CIC and ONU filed cross motions for summary judgment. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Newmeyer Dillion Attorneys Named to 2022 Southern California Rising Stars List

June 13, 2022 — Newmeyer Dillion
NEWPORT BEACH, Calif. – June 8, 2022 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that partner Jason Moberly Caruso and associate Jessica Garland Daley have been selected to the 2022 Southern California Rising Stars list by Super Lawyers. Each year, no more than 2.5 percent of the lawyers in the state are selected to receive this honor. The attorneys will be recognized in the June 2022 issues of Super Lawyers Magazine, Los Angeles Magazine and Orange Coast Magazine. Jason Moberly Caruso is a partner in the Newport Beach office. Jason's practice focuses on land use, "contaminated sites" environmental legal work, complex litigation, and appellate matters. This is the fifth consecutive year Jason has been honored. Jessica Garland Daley is an associate in the Newport Beach office. Jessica's practice focuses on litigation in the areas of employment law and construction law. This is the first year Jessica has been selected. 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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UCF Sues Architects and Contractors Over Stadium Construction Defects

October 19, 2017 — David Suggs – Bert L. Howe & Associates, Inc.
The University of Central Florida (UCF) filed suit over alleged construction defects of their 45,000-seat arena including the claim of “premature wear of the steel,” spokesman Chad Binette stated, according to the Orlando Sentinel. Bid documents suggest that rust may be an issue. UCF recently sought contractors for “Stadium Emergency Rust Repairs.” The Orlando Sentinel reported that the university stated “the word ‘emergency’ reflects deadlines for the football season instead of safety concerns.” Other documents also claimed ongoing rust remediation. The UCF stadium had earned the nickname “Bounce House” from the arena “subtly swaying as fans jumped together to the song ‘Kernkraft 400’ by Zombie Nation. UCF spent hundreds of thousands of dollars in 2008 stiffening the underpinnings of the stadium by bolting additional steel to about 160 beams,” according to the Orlando Sentinel. Officials claim that the stadium was never unsafe. Read the court decision
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Disruption: When Did It Start and Where Will It End?

June 25, 2019 — Brian Gallagher - Construction Executive
If change is the only constant—as was famously observed by a Greek philosopher circa 500 B.C.—then why single out some changes as “disruption”? Disruption is about more than just technology; it’s about more, even, than the rapid rollout and development of technology in the past couple of decades. The word disruption refers to processes or products that are fundamentally different from what is currently in use and that render unforeseen, large-scale changes. Early discussions of disruption (the term was coined by Harvard Business School professor Clayton M. Christensen in a 1995 Harvard Business Review article) compared incremental change in existing systems, which are usually supported by established corporations, to innovations that start out as something completely fresh, limited in their appeal and flawed in initial iterations. The construction industry was—and still is—late to adopt most technologies and late in experiencing overall disruption. It also lags behind other industries when it comes to efficiency and productivity. McKinsey reported that construction is one of the “least digitized industries in the world,” despite employing approximately 7% of the world’s working-age population and representing one of the world economy’s largest sectors. Disruption is likely to be fast approaching now, even for the construction industry. But its delay may confer the benefit of allowing construction companies to learn from other industries’ mistakes. Reprinted courtesy of Brian Gallagher, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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US Moves to Come Clean on PFAS in Drinking Water

September 18, 2023 — Pam McFarland, Debra K. Rubin & Mary B. Powers - Engineering News-Record
Congress has allocated billions of dollars to address contamination caused by the ubiquitous class of “forever” chemicals known as PFAS—with billions more also earmarked in recent legal settlements with manufacturers—but drinking water managers, construction sector experts and other stakeholders say the true cost of cleanup could be much higher. Reprinted courtesy of Pam McFarland, Engineering News-Record, Debra K. Rubin, Engineering News-Record and Mary B. Powers, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Ms. Rubin may be contacted at rubind@enr.com Read the court decision
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Construction Defect Claim Must Be Defended Under Florida Law

February 15, 2018 — Tred R. Eyerly – Insurance Law Hawaii

The Eleventh Circuit found that the insured caused property damage to areas beyond its own work, obligating the insurer to defend. Addison Ins. Co. v. 4000 Island Blvd. Condo. Ass'n, 2017 U.S. App. LEXIS 26870 (11th Cir. Dec. 28, 2017).

The condominium association contracted with Poma Construction Corp. to replace the building's aging concrete balcony railings with new aluminum and glass railings. Poma subcontracted with Windsor Metal Specialties, Inc. to paint the new railings. Work was completed on February 24, 2012. Poma issued a 10-year warranty covering its installation of the railings. Windsor issued a 20-year limited warranty covering the paint job.

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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