Testing Your Nail Knowledge
September 03, 2014 —
Beverley BevenFlorez-CDJ STAFFTools of the Trade provided “ten things you probably don’t know about nails.” For instance, “[I]n 2013 the U.S consumed 629,716 tons of steel nails.” Frane, the author of the article, said that if that “many nails were melted down and cast into a block of solid steel, the block would cover the area of a football field to a depth of 45’.” Another fact is that only 21% of nails used in the U.S. were made in the U.S. Furthermore, the leading U.S. supplier of nails is Mid Continent Nail Corporation, and they are located in Poplar, Missouri.
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Quick Note: Discretion in Determining Prevailing Party for Purposes of Attorney’s Fees
January 25, 2021 —
David Adelstein - Florida Construction Legal UpdatesIn prior articles I have discussed that courts apply the significant issues test to determine the prevailing party for purposes of being entitled to attorney’s fees. A party that recovers an affirmative judgement is NOT the de facto prevailing party for purposes of an entitlement to attorney’s fees in a breach of contract action (or a construction lien foreclosure action). This was the issue in a recent appeal discussed here where the party that recovered an affirmative judgment on a breach of contract case was not deemed the prevailing party for purposes of attorney’s fees. While the party prevailed on one of its claims, it did not prevail on others, and it recovered less than half of the damages it originally sought. The appellate court, affirming the trial court, held that the trial court has discretion to determine that the party that recovered an affirmative judgement was not the prevailing party entitled to its attorney’s fees under the signifiant issues test. This was not what the party was expecting when the attorney’s fees it expended far exceeded the judgment it recovered.
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David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
Traub Lieberman Senior Trial Counsel Timothy McNamara Wins Affirmation of Summary Judgment Denial
August 28, 2023 —
Timothy G. McNamara - Traub LiebermanIn this appeal brought before the State of New York Appellate Division, Second Judicial Department, the court ruled in favor of Traub Lieberman’s client, a housing complex owner, affirming the denial of co-defendant landscaping company’s summary judgment motion seeking dismissal of the cross-claims asserted by the complex owner against the co-defendant.
In the underlying case, the plaintiff was allegedly injured when she slipped and fell on ice on the exterior stairs of the housing complex where she lived. The complex owner had contracted with the co-defendant to provide snow removal services for the complex. The plaintiff commenced action against both the complex owner and the landscaping company to recover damages for personal injuries. The complex owner asserted cross-claims against the landscaping company for contribution, common-law indemnification, and contractual indemnification. The landscaping company sought summary judgment dismissing the complaint and all cross-claims asserted against it, but the branch of the motion seeking dismissal of the cross-claims was denied. In the appeal brought before the Appellate Division, the court ruled in favor of Traub Lieberman’s client, the complex owner, affirming the denial of summary judgment for the cross-claims.
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Timothy G. McNamara, Traub LiebermanMr. McNamara may be contacted at
tmcnamara@tlsslaw.com
BHA Announces New Orlando Location
September 30, 2019 —
Donald MacGregor - Bert L. Howe & Associates, Inc.Bert L. Howe & Associates, Inc., one of the country’s leading construction forensics and consulting firms has just announced the opening of their second Florida office. Located in Orlando, this new office will join BHA’s existing Miami location, expanding BHA’s presence in the state and increasing the firm’s ability to provide the highest level of services and logistic support to their clients in Central and North Florida, and in particular, the Orlando, Tampa, Jacksonville and Tallahassee markets.
Since 1993, BHA has been an industry leader in providing construction consulting and forensic services and has been a trusted partner with builders and insurance carriers, both large and small, across the United States. In Florida, BHA has been providing construction defect, storm, and general construction-claims related forensic expert services for the past decade with a proven track record of successful results.
With the addition of new offices in Orlando, Bert L. Howe & Associates, Inc. offers the experience of over 20 years of service to carriers, defense counsel, and insurance professionals as designated experts in over 7,000 claims. BHA’s staff encompasses a broad range of Florida-licensed and credentialed experts in the areas of general contracting and specialty trades, as well as architects, and both civil and structural engineers, and has provided services on behalf of carriers, developers, general contractors and sub-contractors alike.
BHA’s new Orlando office is located in the Regions Bank Tower, 111 North Orange Avenue, Suite 800, Orlando FL, 32801.
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Donald MacGregor, Bert L. Howe & Associates, Inc.Mr. MacGregor may be contacted at
donm@berthowe.com
Cameron Kalunian to Speak at Casualty Construction Defect Seminar
October 04, 2021 —
Cameron Kalunian - Lewis BrisboisLos Angeles Partner Cameron Kalunian will speak at the Annual West Coast Casualty Construction Defect Seminar, hosted on October 6-8 at the Aria Hotel and Casino in Las Vegas.
In a session on Friday, October 8 at 9:30 a.m. PT titled “Maintaining Relationships in the Storm of Multi-Party Construction Litigation,” Mr. Kalunian, along with one construction general counsel and one insurance coverage counsel, will discuss the impact of litigation on continuing business relationships. The session will specifically focus on balancing risk transfer with business goals in the context of multi-tiered contractor construction projects.
The panel will discuss the best practices for communications between and among clients, indemnitors, claims handling professional, coverage counsel and defense counsel. This session is a must for insurance professionals that handle claims involving bodily injury or property damage claims arising out of construction disputes related to projects with multi-tiered contractors. CLE credits will be available for attorneys, along with CEU credits for insurance claims handlers.
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Cameron Kalunian, Lewis BrisboisMr. Kalunian may be contacted at
Cameron.Kalunian@lewisbrisbois.com
House Bill Clarifies Start Point for Florida’s Statute of Repose
September 14, 2017 —
Lian Skaf - White and Williams LLPThe Florida legislature recently enacted a law clarifying when the ten-year statute of repose begins to run for cases involving “improvements to real property,” as that phrase is used in Florida Statute Section 95.11. House Bill 377 was signed into law on June 14, 2017 and took effect in all cases accruing on or after July 1, 2017. This amendment is significant to subrogation professionals evaluating when cases involving contractors and design professionals are time barred.
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Lian Skaf, White and Williams LLPMr. Skaf may be contacted at
skafl@whiteandwilliams.com
Contractors: Revisit your Force Majeure Provisions to Account for Hurricanes
September 14, 2017 —
David Adelstein - Florida Construction Legal UpdatesWe now know and can appreciate the threat of hurricanes. Not that we did not appreciate the reality of hurricanes–of course we did–but Hurricane Harvey and Hurricane Irma created the type of actual devastation we fear because they hit close to home. The fear came to life, creating panic, anxiety, and uncertainty. It is hard to plan for a force majeure event such as a hurricane because of the capriciousness of Mother Nature. But, we need to do so from this point forward. No exception! And, I mean no exception!!
A force majeure event is an uncontrollable event that cannot be anticipated with any degree of definitiveness. The force majeure event will excusably delay or hinder performance obligations under a contract. One type of force majeure event is a hurricane—an uncontrollable and unforeseen act of Mother Nature.
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David Adelstein, Florida Construction Legal UpdatesMr. Adelstein may be contacted at
Dadelstein@gmail.com
Traub Lieberman Attorneys Recognized as 2024 New York – Metro Super Lawyers®
November 11, 2024 —
Traub LiebermanTraub Lieberman is pleased to announce that seven Partners from the Hawthorne, NY office have been selected to the 2024 New York - Metro Super Lawyers list.
2024 New York – Metro Super Lawyers
- Copernicus Gaza – Insurance Coverage
- Jonathan Harwood – Professional Liability
- Lisa Rolle – Construction Litigation
- Hillary Raimondi – Employment Litigation
- Christopher Russo – Professional Liability
- Lisa Shrewsberry – Professional Liability
- Stephen Straus – Insurance Coverage
Lisa Shrewsberry was also selected to the Top 25: 2024 Westchester County Super Lawyers® list.
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Traub Lieberman