Is It Time to Digitize Safety?
October 24, 2022 —
Peter Grant - Construction ExecutiveIt’s valid to ask whether digitizing a safety program actually makes companies safer. Here is what the data says.
All contractors face unique risks that call for custom safety measures. But they also face a handful of similar challenges in this area—including time-consuming paperwork, scattered documentation, as well as a lack of visibility into safety performance.
A new report from Foresight Commercial Insurance, “The State of Safety in High Hazard Work Environments,” offers insights into companies’ safety struggles and points to possible solutions. Based on a survey of workers from high-risk industries like construction, the report outlines challenges that are painfully familiar. For example, four out of 10 respondents reported that they have felt pressured to work unsafely in order to complete tasks more quickly or to meet upcoming deadlines.
Reprinted courtesy of
Peter Grant, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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The Show Must Go On: Navigating Arbitration in the Wake of the COVID-19 Outbreak
July 20, 2020 —
Justin K. Fortescue, Zachery B. Roth & Marianne Bradley - White and Williams LLPThe recent COVID-19 outbreak has altered life for all of us, in ways both big and small. Unprecedented restrictions relating to the pandemic have forced individuals across the globe to change the ways in which they live and work. Perhaps not surprisingly, these restrictions have also changed the way we resolve disputes. Just as virtual conferencing has become the “new normal” for family gatherings and social events, it has also become the “new normal” for everything from mediation, to oral argument, to full-blown hearings.
To be sure, there are a number of advantages to conducting adversarial proceedings virtually. First and foremost, it results in substantial cost savings for the parties involved. In-person proceedings typically require significant travel expenses, including airline tickets, hotel reservations, and food and beverage stipends. The use of a virtual forum essentially eliminates these expenses, cutting costs dramatically for attorneys, clients, judges, and arbitrators alike.
Virtual conferencing also affords the opportunity for increased participation from party representatives living across the country, or even across the world. While demanding work schedules often make it impossible for multiple party representatives to attend a deposition, or even a hearing, in person, virtual proceedings require much less of a time commitment. Because these virtual proceedings require participants to spend less time away from other work-related obligations, party representatives are able to attend proceedings that they may otherwise have had to miss.
Reprinted courtesy of White and Williams LLP attorneys
Justin K. Fortescue,
Zachery B. Roth and
Marianne Bradley
Mr. Fortescue may be contacted at fortescuej@whiteandwilliams.com
Mr. Roth may be contacted at rothz@whiteandwilliams.com
Ms. Bradley may be contacted at bradleym@whiteandwilliams.com
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New Rule Prohibits Use of Funds For Certain DoD Construction and Infrastructure Programs and Projects
May 30, 2018 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogRecently, our colleagues Glenn Sweatt and Alex Ginsberg published their Client Alert titled
DFARS Clause Blocks Funding for Unsafe Projects in Afghanistan, Recently published regulation implements the FY17 NDAA to prohibit use of funds for DoD construction and infrastructure programs and projects in Afghanistan that cannot be safely accessed by U.S. Government personnel. Takeaways include:
New rule prevents Government contracting officers from funding projects that are not able to be safely accessed by Government civilian or military personnel, as these may pose an increased risk of fraud, corruption or waste, or lack efficient oversight.
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Pillsbury's Construction & Real Estate Law Team
Pinterest Nixes Big San Francisco Lease Deal in Covid Scaleback
September 21, 2020 —
Sophie Alexander - BloombergPinterest Inc. canceled a large office lease at a building to be constructed near its San Francisco headquarters, marking one of the most significant moves yet by a big tech company to scale back real estate plans in the city amid the Covid-19 pandemic.
“As we analyze how our workplace will change in a post-Covid world, we are specifically rethinking where future employees could be based,” Todd Morgenfeld, Pinterest’s chief financial officer and head of business operations, said in a statement Friday.
The social-sharing service is paying an $89.5 million termination fee to terminate its lease for 490,000 square feet (45,500 square meters) of space. It will keep its existing offices in the city.
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Sophie Alexander, Bloomberg
Common Construction Contract Provisions: No-Damages-for-Delay Clause
March 16, 2017 —
David Cook & Chadd Reynolds - Autry, Hanrahan, Hall & Cook, LLP BlogIn continuing our series on common contract provisions found in construction contracts, this post highlights no-damages-for-delay clauses.
Parties to a contract – particularly a construction contract – may agree that the performance of the contract must occur within a set amount of time. When a party is delayed in performing a contract, it may incur additional costs due to the delay. In most circumstances, unless the parties agree otherwise, the delayed party would be entitled to an extension of time to perform the contract. But it may also seek to recover the additional costs resulting from the delay.
A no-damages-for-delay clause attempts to prevent the delayed party from recovering those additional costs. In construction contracts, an upstream party, such as an owner or prime contractor, typically relies on a no-damages-for-delay clause when presented with a delay claim by a downstream party, such as a subcontractor.
Reprinted courtesy of
David Cook, Autry, Hanrahan, Hall & Cook, LLP and
Chadd Reynolds, Autry, Hanrahan, Hall & Cook, LLP
Mr. Cook may be contacted at cook@ahclaw.com
Mr. Reynolds may be contacted at reynolds@ahclaw.com
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10 Haight Lawyers Recognized in Best Lawyers in America© 2023 and The Best Lawyers: Ones to Watch 2023
August 22, 2022 —
Haight Brown & Bonesteel LLPFour Haight Brown & Bonesteel LLP attorneys were selected for Best Lawyers in America© 2023. Congratulations to:
- Bruce Cleeland – Product Liability Litigation – Defendants
- Peter Dubrawski – Product Liability Litigation – Defendants
- Denis Moriarty – Insurance law
- Ted Penny – Workers’ Compensation Law – Claimants
Six Haight Brown & Bonesteel LLP attorneys were selected for Best Lawyers®: Ones to Watch 2023. Congratulations to:
- Courtney Arbucci – Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants
- Frances Brower – Product Liability Litigation – Defendants
- Kyle DiNicola – Transportation Law
- Arezoo Jamshidi – Appellate Practice; Transportation Law
- Kristian Moriarty – Transportation Law
- Bethsaida Obra-White – Construction Law; Insurance Law; Personal Injury Litigation – Defendants
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Haight Brown & Bonesteel LLP
Bond Principal Necessary on a Mechanic’s Lien Claim
September 07, 2020 —
Christopher G. Hill - Construction Law MusingsAs anyone that reads this construction law blog knows, mechanic’s liens are a big part of the Virginia landscape for a construction attorney like me.
One option for dealing with a mechanic’s lien here in Virginia that we have not discussed but so often is the ability to “bond off” a lien. In short, the Virginia statute allows a party to essentially substitute a bond valued at a court set multiple of the principal amount of the mechanic’s lien for the memorandum. In exchange, the lien is released of record. Any enforcement action can still proceed with security for the claimant and the property owner feeling better about things because there will be no lien on the title to the land.
In many ways this process provides an easier path to resolution for both owner and claimant. First of all, the claimant does not have to deal with a bank or other interest holders in the property (though a recent case discussed below reminds us that certain other parties are necessary). Second of all, the owner does not have the cloud on the title of a mechanic’s lien that may have been filed by a subcontractor over which he has no control.
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The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Newmeyer & Dillion Named as One of the 2018 Best Places to Work in Orange County for Seventh Consecutive Year
August 15, 2018 —
Newmeyer & DillionNEWPORT BEACH, Calif. – JULY 23, 2018 – Prominent business and real estate law firm Newmeyer & Dillion LLP is proud to be selected as one of the 2018 Best Places to Work in Orange County in the category of medium sized companies. This marks the seventh consecutive year Newmeyer & Dillion LLP has made the list, affirming that its profound commitment to professionalism and client service is shared among its workforce. The ranking was released in a special section of the Orange County Business Journal's July 23 issue.
Jeff Dennis, Newmeyer & Dillion's Managing Partner, commends the effort of each employee in achieving this result. "Together, we strive to maintain an innovative, collaborative and creative culture that cannot be matched anywhere else, and we are sincerely grateful for each of our employees' ongoing commitment to the firm's values."
The awards program was created in 2009 and is a project of the Orange County Business Journal and Best Companies Group. This county-wide survey and awards program was designed to identify, recognize and honor the best places of employment in Orange County, California, benefiting the county's economy, its workforce and businesses.
For more information on the survey process for the Best Places to Work in Orange County program, visit www.BestPlacestoWorkOC.com or contact Jackie Miller at 877-455-2159.
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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