Building a Case: Document Management for Construction Litigation
October 07, 2019 —
Robert A. Gallagher, Jane Fox Lehman, & Michael I. Frankel, Pepper Hamilton LLP - ConsensusDocsSuccess in construction litigation often turns less on counsel’s ability to craft legal arguments and more on counsel’s ability to gather, master and present the often complex set of facts underlying the case. In construction matters, most of the key facts are found in documents: contract documents, drawings, plans and specifications, schedules, submittals, progress reports, daily logs, change orders, invoices and payment records. Nowadays, these documents will almost certainly be created, exchanged and stored electronically; many will never exist in hard copy. As such, timely collection, organization and analysis of electronically stored information (ESI) is crucially important in construction litigation.
The construction industry has always involved a large quantity of records. Today, the majority of those records exist only as ESI: Design professionals use computer-aided design (CAD) software to create construction plans. Construction managers use Primavera or similar software to create schedules and workflows. Estimators use job cost control programs. Innovative firms capture digital photos of the project, from mobilization through the punch process.
Because ESI is created and exchanged at a higher rate than hard-copy documents, ESI has facilitated a dramatic increase in the volume of records associated with construction projects. Further compounding the increase is the proliferation of mobile devices. With a smartphone in every pocket, ESI creation has moved out of the home office and the site trailer and onto the site itself. As the volume of ESI expands, so too does the time and expense associated with storing, processing, reviewing and producing these records. This article will cover strategies for balancing time and expense with the requirements of the rules and the needs of the case.
Reprinted courtesy of Pepper Hamilton LLP attorneys
Robert A. Gallagher,
Jane Fox Lehman and
Michael I. Frankel
Mr. Gallagher may be contacted at gallagherr@pepperlaw.com
Ms. Lehman may be contacted at lehmanj@pepperlaw.com
Mr. Frankel may be contacted at frankelm@pepperlaw.com
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South Adams County Water and Sanitation District Takes Proactive Step to Treat PFAS, Safeguard Water Supplies
November 28, 2022 —
Cameron McWilliam – Brown and CaldwellDENVER, Colo., Nov. 15, 2022 — The South Adams Country Water and Sanitation District (District) is enhancing its water treatment process to meet EPA Health Advisory Levels (HALs) for per- and polyfluoroalkyl substances (PFAS) in drinking water supplies.
Deemed “forever chemicals,” PFAS is a group of human-made chemicals used in many applications, including stain- and water-resistant fabrics and carpeting, cleaning products, paints, and firefighting foams. PFAS are resistant to grease, oil, water, and heat and may enter water supplies from landfills, the use of firefighting foam (e.g., at airports, fire training facilities, petroleum fires, etc.), industrial sites, and wastewater treatment plant discharge.
The District’s water supply, serving over 67,000 residents in Commerce City and parts of unincorporated Adams County, comes primarily from 13 groundwater supply wells. As it continues to meet all federal and state drinking water requirements, the District has been proactively pursuing PFAS reduction strategies since it first discovered a low-level presence in its water supply through voluntary testing in 2018. Upon discovery, the District stopped drawing from its most impacted wells and has been purchasing additional treated water to blend into its supply to reduce PFAS levels along with optimizing use of their existing granular activated carbon treatment system.
“Ever since the District first began voluntarily testing for PFAS, we have been monitoring for these compounds and working to reduce their impact on our customers,” said District Manager Abel Moreno. “The EPA has moved the goalposts, and we are taking steps to reduce the presence of PFAS even further. We are committed to finding long-term, sustainable solutions to offer our community high-quality drinking water.”
To tackle the challenge, the District has hired leading environmental and construction services firm Brown and Caldwell to design a new 18 million gallons per day (MGD) ion exchange (IX) process at its Klein Water Treatment Facility. IX treatment is currently the most effective technology in removing PFAS/PFOA, consisting of a highly porous resin that acts as a powerful magnet to adsorb and hold onto the substances. The new system at the Klein facility will consist of seven IX treatment trains, a 375,000-gallon equalization tank, and six vertical turbine pumps to feed the IX trains from the District’s 13 groundwater supply wells.
Furthermore, nine 5-micron cartridge filters will be installed to remove particulate matter in the water before reaching the IX trains, thus increasing the efficacy of the treatment process.
Scheduled for completion by the end of 2026, the new IX treatment facility will provide a peak combined capacity of 26 MGD.
About South Adams County Water and Sanitation District
The South Adams County Water and Sanitation District is a special district providing water and sanitary sewer service to over 67,000 residents in Commerce City and parts of unincorporated Adams County. For more information about the District, please visit www.sacwsd.org
About Brown and Caldwell
Headquartered in Walnut Creek, California., Brown and Caldwell is a full-service environmental engineering and construction services firm with 52 offices and 1,800 professionals across North America and the Pacific. For 75 years, our creative solutions have helped municipalities, private industry, and government agencies successfully overcome their most challenging water and environmental obstacles. As an employee-owned company, Brown and Caldwell is passionate about exceeding our clients’ expectations and making a difference for our employees, our communities, and our environment. For more information, visit www.brownandcaldwell.com
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Invest In America Act Offers 494 Billion In Funding to U.S. Infrastructure and Millions of New Jobs
July 20, 2020 —
Stefanie A. Salomon - Peckar & AbramsonThe Investing in a New Vision for the Environment and Surface Transportation in America (INVEST in America) Act was approved by the House Transportation and Infrastructure Committee on June 18, 2020 and is making its way up to Congress. The bill will create millions of jobs and provide substantial investment in the nation’s deteriorating highways, bridges and public transit systems. The bill also endeavors to leave behind a smaller carbon footprint, a major improvement for the nation’s biggest source of carbon pollution.
Investing in a New Vision for the Environment and Surface Transportation in America Act
According to the American Society of Civil Engineers, the current condition of the nation’s infrastructure earns a grade of D+, and there exists an estimated $2 trillion funding gap to bring it into a state of good repair by 2025. While Americans have benefited from a century of infrastructure building, neglect has befallen our once greatest achievements – the roadways and arteries that led to the explosive growth of our nation. In the 1930s, 4.2 percent of the country’s GDP was spent on infrastructure investment. Unfortunately, by 2016 that number fell to 1.5 percent resulting in the substandard conditions that now confront us. Stated more bluntly, our nation’s infrastructure is crumbling and immediate investment in required to bring it up to par. The INVEST in America Act is our “immediate” opportunity to start replacing the outdated systems of the past with smarter, safer, and more resilient infrastructure.
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Stefanie A. Salomon, Peckar & AbramsonMs. Salomon may be contacted at
ssalomon@pecklaw.com
Insured's Claim for Replacement Cost Denied
December 02, 2015 —
Tred R. Eyerly – Insurance Law HawaiiThe Illinois Appellate Court affirmed the trial court's ruling that the insured was only entitled to the actual cost value of his loss, not the replacement cost. Lytle v. Country Mutual Ins. Co., 2015 Ill. App. LEXIS 756 (Sept. 30, 2015).
The insured's home was built around 1903. On June 21, 2011, the insured discovered damage to his home because of a severe storm. He made a claim with his insurer, Country Mutual.
The policy contained a depreciation holdback provision. The provision said the insurer would not pay more than the actual cash value until the actual repair or replacement was complete. If the insured elected to accept actual cash value, he would have one year from the date of the loss to repair or replace the damaged property and request the difference between the actual cash value and the replacement cost.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Update Regarding McMillin Albany LLC v. Super Ct.
April 28, 2016 —
Richard H. Glucksman and David A. Napper – Chapman Glucksman Dean Roeb & Barger In FocusThe construction industry continues to await the California Supreme Court's highly anticipated decision regarding McMillin Albany LLC v. Super Ct. 2015 F069370 (Cal.App.5 Dist.). The Supreme Court will attempt to resolve the conflict presented by the Fourth Appellate District Court's holding in Liberty Mut. Ins. Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98 and rejection of the same by the Fifth Appellate District Court in McMillin Albany. The issue is whether the Right to Repair Act (SB800) is the exclusive remedy for all defect claims arising out of new residential construction sold on or after January 1, 2013. CGDRB has been closely monitoring the progress of the case and understands that the real parties in interest have submitted their opening brief on the merits. The Court granted Petitioners a further and final extension to file the answer brief on the merits. The answer deadline is Monday April 25, 2016. Stay tuned.
Reprinted courtesy of
Richard H. Glucksman, Chapman Glucksman Dean Roeb & Barger and
David A. Napper, Chapman Glucksman Dean Roeb & Barger
Mr. Glucksman may be contacted at rglucksman@cgdrblaw.com
Mr. Napper may be contacted at dnapper@cgdrblaw.com
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Texas Jury Finds Presence of SARS-CoV-2 Virus Causes “Physical Loss or Damage” to Property, Awards Over $48 Million to Baylor College of Medicine
September 26, 2022 —
Michael S. Levine & Kevin V. Small - Hunton Insurance Recovery BlogA Texas jury has found that the presence of SARS-CoV-2 virus on the property of Baylor College of Medicine (BCM) caused “physical loss or damage” and resulting economic loss, triggering coverage under BCM’s commercial property insurance program. The jury awarded BCM over $48 million following a three-day trial; the award consisted of $42.8 million in business interruption, $3.3 million in extra expense, and $2.3 million in damage to research projects.
The verdict came after the court denied the insurers’ pre-trial motion for summary judgment, rejecting the insurers’ contention that a virus cannot—as a matter of law—cause physical loss or damage to property. In denying the motion, the court held that whether the presence of the virus causes physical loss or damage presents a question of fact for the jury to resolve; a copy of the order rejecting the insurers’ summary judgment argument can be found
here.
Reprinted courtesy of
Michael S. Levine, Hunton Andrews Kurth and
Kevin V. Small, Hunton Andrews Kurth
Mr. Levine may be contacted at mlevine@HuntonAK.com
Mr. Small may be contacted at ksmall@HuntonAK.com
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William Doerler Recognized by JD Supra 2022 Readers’ Choice Awards
March 14, 2022 —
William Doerler - White and Williams LLPCongratulations to Bill Doerler, Counsel of the Subrogation Group who has been recognized as a
top author in Product Liability in the 2022 JD Supra Readers' Choice Awards. Bill was ranked number 9 out of a pool of approximately 800 authors writing about product liability matters on JD Supra in 2021.
The Readers’ Choice Awards recognize top authors and firms for their thought leadership in key topics read by C-suite executives, in-house counsel, media and other professionals across the JD Supra platform during 2021. These annual awards (now in their seventh year) recognize JD Supra contributors for the visibility and engagement their thought leadership earned among readers in select subjects during the previous 12 months.
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William Doerler, White and Williams LLPMr. Doerler may be contacted at
doerlerw@whiteandwilliams.com
Boston-area Asbestos-Abatement Firms Face Wage and Safety Complaints
January 26, 2017 —
Justin Rice - Engineering News-RecordSeveral federal and state complaints against asbestos-abatement and demolition firms operating in Massachusetts have sprouted in the wake of the region’s construction boom. Involving mostly small companies and immigrant workers, the cases allege wage and benefit violations as well as improper exposure to asbestos fibers, which contain cancer-causing carcinogens.
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Justin Rice, ENRMr. Rice may be contacted at
ricej@enr.com
