Columbus Ohio Building Expert Directory

Anti-Fracking Win in N.Y. Court May Deal Blow to Industry

July 01, 2014 — Chris Dolmetsch, Freeman Klopott and Jim Efstathiou Jr. – Bloomberg
New York’s cities and towns can block hydraulic fracturing within their borders, the state’s highest court ruled, dealing a blow to an industry awaiting Governor Andrew Cuomo’s decision on whether to lift a six-year-old statewide moratorium. The case, closely watched by the energy industry, may invigorate local challenges to fracking in other states and convince the industry to stay out of New York even if Cuomo allows drilling. Pennsylvania’s highest court issued a similar ruling last year, striking down portions of a state law limiting localities’ ability to regulate drillers. “This sends a really strong and clear message to the gas companies who have tried to buy their way into the state that these community concerns have to be addressed,” Katherine Nadeau, policy director for Environmental Advocates of New York, an anti-fracking group, said in a phone interview. “This will empower more communities nationwide.” Mr. Dolmetsch may be contacted at cdolmetsch@bloomberg.net; Mr. Klopott may be contacted at fklopott@bloomberg.net; and Mr. Efstathiou Jr. may be contacted at jefstathiou@bloomberg.net Read the court decision
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Reprinted courtesy of Chris Dolmetsch, Freeman Klopott and Jim Efstathiou Jr., Bloomberg

BWB&O Expands to North San Diego

December 09, 2019 — Bremer Whyte Brown & O’Meara
Bremer Whyte Brown & O’Meara is excited to announce our expansion to North San Diego County. Our new office location in Encinitas is strategically located between our Newport Beach and Downtown San Diego offices. The new North San Diego office will provide further resources to better serve our clients. Read the court decision
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Reprinted courtesy of Bremer Whyte Brown & O’Meara

California Supreme Court Protects California Policyholders for Intentional Acts of Employees

July 02, 2018 — William S. Bennett – Saxe Doernberger & Vita P.C.
Recently, the California Supreme Court ruled that liability insurers are obligated to cover negligent supervision, hiring, and retention claims against employers resulting from the intentional acts of their employees. The case, Liberty Surplus Insurance v. Ledesma & Meyer Construction, case no. S236765 (2018), involved an insurance coverage dispute between a construction company, Ledesma & Meyer Construction (“L&M”), and its insurers, Liberty Insurance Underwriters, Inc. (“Liberty”) and Liberty Surplus Insurance Corp (“Liberty Surplus”). Liberty was L&M’s primary insurer, while Liberty Surplus had the excess policy. L&M had contracted with the San Bernardino Unified School District to renovate a school building while the school was still in session. In a separate action, another court found that an L&M employee sexually assaulted a 13-year-old student while working at the project. Read the court decision
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Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita P.C.
Mr. Bennett may be contacted at wsb@sdvlaw.com

Wendel Rosen’s Construction Practice Group Receives First Tier Ranking by U.S. News and World Reports

December 02, 2015 — Garret Murai – California Construction Law Blog
Ok, it may not be an Oscar, or even an Emmy, but we’re humbled and honoured just the same. Wendel Rosen’s Construction Practice Group has received a first-tier ranking by the U.S. News and World Reports in its 2016 Best Law Firms rankings. This is the third year in a row that the firm’s Construction Practice Group has received this honor. Joining it on stage is the firm’s Real Estate, Bankruptcy, and Real Estate Litigation practices which also received first-tier rankings and the firm’s Land Use practice which received a second-tier ranking. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

The Harmon Hotel Construction Defect Trial to Begin

October 29, 2014 — Beverley BevenFlorez-CDJ STAFF
The trial involving the Las Vegas Harmon Hotel, which is currently being demolished piece by piece due to construction defects, is ready to begin six years after the defects were first discovered, reported the Las Vegas Review-Journal. It’s an unusual case for multiple reasons. The trial is expected to last a year, and the number of attorneys involved in the case required chairs to be removed from the galley to accommodate lawyer tables, which are wired with monitors and microphones. In addition, “two 80-inch monitors are being installed for the jury.” The Las Vegas Review-Journal further reported that “each party will have its own technology team to display the more than 3 million digitally stored pieces of evidence.” Michael Doan, the court’s information technology director, told the Las Vegas Review-Journal that the “paper list of that evidence fills more than 100 document-storage boxes.” The case “involves more than $400 million in damage claims.” Construction on the Harmon Tower was stopped after a “structural engineer hired by MGM Resorts determined the building was unsafe and could topple if an earthquake of a magnitude of 7.7 were to hit Las Vegas.” Read the court decision
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New Change Order Bill Becomes Law: RCW 39.04.360

July 08, 2024 — Brett M. Hill - Ahlers Cressman & Sleight PLLC
A new statute (RCW 39.04.360) became effective on June 6, 2024, and it applies to extra work performed by contractors and subcontractors on public and private projects in Washington State. The intent of the original bill was to allow contractors and subcontractors to get paid sooner for undisputed additional work. The statute does not apply to private residential projects of 12 units or less. The statute allows for recovery of interest for contractors/subcontractors at 1% per month (12% per year) on the value of the additional work if the statute is violated. Here are the requirements of the new statute:

Public and private owners must issue a change order for the undisputed amount of additional work performed by a contractor, subcontractor, or supplier no later than 30 days after the work is satisfactorily completed and the change is requested by the contractor.
General contractors, and subcontractors with lower-tier subs, must issue a change order to their subcontractors impacted by the change within 10 days after receipt of the approved change order from the owner/upper-tier contractor.

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Reprinted courtesy of Brett M. Hill, Ahlers Cressman & Sleight PLLC
Mr. Hill may be contacted at brett.hill@acslawyers.com

Don’t Ignore a Notice of Contest of Lien

April 29, 2024 — David Adelstein - Florida Construction Legal Updates
A recent case, Jon M. Hall Company, LLC v. Canoe Creek Investments, LLC, 49 Fla.L.Weekly D812a (Fla. 2d DCA 2024), demonstrates four important things when it comes to liens:

An owner can shorten the time period to foreclose on the lien, whether against the real property or a lien transfer bond, to 60 days by recording a notice of contest of lien;
An owner can transfer a lien to a lien transfer bond during litigation;
An owner can record a notice of contest of lien to force the lienor to amend its lawsuit to sue the lien transfer bond surety within 60 days; and
A contractors’ failure to amend its lawsuit to sue the lien transfer bond within 60 days will extinguish its rights to pursue a claim against the lien transfer bond, and will otherwise extinguish the lien, fairly or unfairly.

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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

“Other Insurance” and Indemnity Provisions Determine Which Insurer Must Cover

September 01, 2011 — Tred R. Eyerly - Insurance Law Hawaii

A policy’s “other insurance” clause and a contractual indemnity provision were at the root for determining which of two insurers had to cover for injuries at a construction site. Valley Forge Ins. Co. v. Zurich Am. Ins. Co., 2011 U.S.Dist. LEXIS 76061 (N.D. Calif. July 14, 2011).

Hathaway was the general contractor at a demolition and construction project. Hathaway was insured by Zurich. Reinhardt Roofing was the roofing subcontractor. Reinhardt was insured by Valley Forge under a policy which named Hathaway as an additional insured. The subcontract also required Reinhardt to indemnify Hathaway for acts or omissions arising from Reinhardt’s work unless Hathaway was solely negligent.

Four of Reinhardt’s workers were injured when a canopy roof on which they were working collapsed. At the time of the accident, Hathaway’s on-site supervisor was inspecting a gap in the canopy roof, but did not order Reinhardt’s workers to stop working.

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

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COLUMBUS OHIO BUILDING EXPERT DIRECTORY AND CAPABILITIES