BHA has a Nice Swing: Firm Supports CDCCF Charity at 2014 WCC Seminar
April 29, 2014 —
Beverley BevenFlorez-CDJ STAFFStop by the Bert L. Howe & Associates (BHA) booth at the 2014 West Coast Casualty Construction Defect Seminar at the Disneyland Hotel on May 15th and 16th, and Sink A Putt For Charity!
This year, seminar attendees and would-be duffers who try their hand at the golf putting game at the Bert L. Howe & Associates booth will not only have the chance to win a free gift card, they’ll also have the opportunity to help raise funds for a very important cause, the Construction Defect Community Charitable Foundation (CDCCF).
Throughout this year’s seminar, with every hole-in-one made at their booth, BHA will make a $25.00 cash donation in the golfer’s name to the CDCCF.
Bert L. Howe & Associates strongly supports the goals and principles of the CDCCF, and is honored to assist the foundation in fulfilling its mandate of assisting those in the construction defect community who are in need.
Read how the CDCCF assists the construction defect community...
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LAX Construction Defect Suit May Run into Statute of Limitations
December 30, 2013 —
CDJ STAFFCurrent arguments over the claims made by LAX that Runway 25L was built in a defective manner by Tutor-Saliba/O&G Industries are hinging over whether the airport knew the runway was defective less than four years after the construction was completed. The runway was built almost five years ago, and Tutor-Saliba is claiming that Los Angeles World Airports has delayed too long in making a construction defect complaint. Tutor-Saliba is not conceding that the runway is defective, only that if it were, the airport would have known it earlier.
Los Angeles World Airports, which operates LAX, is not commenting on the matter, but Robert Span, an aviation attorney at Steinbrecher & Span, told the Daily Breeze that while “there is a four year statute of limitations for dealing with construction defects, but that’s for what they called patent defects,” and that “there’s a 10-year statute of limitations for construction projects where the defect that is alleged is called latent — something that would not be readily apparent.”
Tim Pierce, a construction attorney at K&L Gates LLP described it as “a common defense,” though he said it is “raised in most cases and only works in some.”
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Virginia General Assembly Helps Construction Contractors
June 10, 2015 —
Christopher G. Hill – Construction Law MusingsAs reported last week at the Virginia Real Estate, Land Use and Construction Law Blog (authored by my good friend Tim Hughes (@timrhughes)), the Virginia General Assembly has passed an amendment to the jurisdictional limitations of Virginia General District Courts. The new statute, going into effect July 1, 2011, increases the jurisdiction of these courts to $25,000 from the present level of $15,000.
Why is this a big deal? As a solo practitioner who represents contractors and subcontractors in cases big and small, this increase is a boon to my practice and the collect-ability of some debts. I think back to the numerous conversations I have had with clients who had bona fide claims for around $20,000. These conversations inevitably turned toward the cost of Circuit Court versus General District Court and whether it would be better to leave money out of the claim to avoid the ramped up attorney fee and filing costs (not to mention the time from filing to judgment). This conversation was especially relevant in the instance where the contracts did not contain an attorney fees provision.
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Christopher G. Hill, Law Office of Christopher G. Hill, PCMr. Hill may be contacted at
chrisghill@constructionlawva.com
Three Firm Members Are Top 100 Super Lawyers & Ten Are Recognized As Super Lawyers Or Rising Stars In 2018
July 28, 2018 —
Scott MacDonald - Ahlers Cressman & Sleight PLLCWith the Fourth of July festivities still ringing in our collective ears, we are having our own celebration at Ahlers Cressman & Sleight PLLC. We avoid using this blog as a platform for self-promotion as we want to keep relevant construction industry news and notes hitting your inboxes. Longtime readers will know, however, that we make an exception to recognize the Super Lawyers of the firm, who are each humbled to receive this peer-voted award. We also share this news in recognition of our clients and industry-partners who have put their trust and confidence in us. Without these relationships, these industry acknowledgments would have no significance.
Super Lawyers is a wholly independent company that identifies outstanding lawyers in the profession. It selects attorneys using a patented multiphase selection process based on legal excellence, industry involvement, and civic leadership. Super Lawyers’ initial pool of candidates is based on peer nominations and evaluations from outside the firm, which is then combined with Super Lawyers’ own third-party research. Only five percent of all lawyers in Washington State are selected for the honor of Super Lawyers and no more than 2.5 percent are selected for the honor of Super Lawyers Rising Stars. What makes this award meaningful is it is based upon evaluation of individual merit—as opposed to a “pay-to-win” award.
John P. Ahlers, one of the firm’s founding partners, is again recognized as one of the 10-Best Lawyers in the State of Washington across all practicing industries.
Founding partner Paul R. Cressman, Jr. and partner Brett M. Hill are also recognized as two of the 100-Best Lawyers across all practicing industries in Washington State.
In addition, three other firm members are also recognized as Super Lawyers: Founding partner Scott R. Sleight, Bruce A. Cohen (of counsel), and Lawrence S. Glosser (partner). In addition, Ryan W. Sternoff (partner), Lindsay (Taft) Watkins (partner), Ceslie A. Blass (associate), and Scott D. MacDonald (associate) were selected as Super Lawyers Rising Stars. Well over half of the firm’s lawyers received Super Lawyers distinction.
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Scott MacDonald, Ahlers Cressman & Sleight PLLCMr. MacDonald may be contacted at
scott.macdonald@acslawyers.com
Is Arbitration Always the Answer?
April 20, 2016 —
Christopher G. Hill – Construction Law MusingsAfter a long (for me) hiatus due to Spring Break with my wonderful family followed by a crazy last two weeks for both personal and business reasons, I’m back and ready to muse again.
This week’s “musings” concern a topic that arises often in construction contracts and construction dispute resolution. The topic? Arbitration. Why does this come up often? Because in many form contracts such as the AIA documents, as well as in many construction contracts that are more specifically tailored, mandatory arbitration is at least a choice if not the only method of dispute resolution.
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Christopher G. Hill, Law Office of Christopher G. Hill, PCMr. Hill may be contacted at
chrisghill@constructionlawva.com
Ordinary Use of Term In Insurance Policy Prevailed
June 08, 2020 —
David Adelstein - Florida Construction Legal UpdatesThere are cases where you feel for the plaintiff, but understand why they did not prevail, despite the creative efforts of their counsel. The case of Robinson v. Liberty Mutual Ins. Co., 958 F.3d 1137 (11th Cir. 2020) is one of these cases.
In Robinson, the plaintiff moved into a home that turned out to be infested with a highly venomous spider. Efforts to eradicate the spider proved unsuccessful and the spider apparently infested the entire home. The plaintiff made a claim under their homeowner’s property insurance policy arguing that their home suffered a physical loss caused by the spider infestation as the spider presented an irreparable condition that rendered the home unsafe for occupancy. (It probably did!). The property insurer denied coverage because the policy had an insurance exclusion for loss caused by birds, vermin, rodents, or insects.
The insurer claimed the spider is an insect or vermin and, therefore, there is no coverage based on the exclusion. The insured creatively argued that “scientifically speaking” a spider is an arachnid and not an insect. Neither the trial court nor the Eleventh Circuit found this argument persuasive.
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David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
Structural Health Check-Ups Needed but Are Too Infrequent
August 16, 2021 —
Jeff Rubenstone - Engineering News-RecordKnowing when a building is structurally deteriorating, and actually doing something about it can be very different things, as the collapse in Surfside, Fla., has shown this month. And while onsite visual inspections are still the common kind of structural assessment, other methods can assess the health of a building or piece of infrastructure and determine its soundness (see p. 69).
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Jeff Rubenstone, Engineering News-Record
Mr. Rubenstone may be contacted at rubenstonej@enr.com
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While You Were Getting Worked Up Over Oil Prices, This Just Happened to Solar
October 29, 2014 —
Tom Randall – BloombergEvery time fossil fuels get cheaper, people lose interest in solar deployment. That may be about to change.
After years of struggling against cheap natural gas prices and variable subsidies, solar electricity is on track to be as cheap or cheaper than average electricity-bill prices in 47 U.S. states -- in 2016, according to a Deutsche Bank report published this week. That’s assuming the U.S. maintains its 30 percent tax credit on system costs, which is set to expire that same year.
Even if the tax credit drops to 10 percent, solar will soon reach price parity with conventional electricity in well over half the nation: 36 states. Gone are the days when solar panels were an exotic plaything of Earth-loving rich people. Solar is becoming mainstream, and prices will continue to drop as the technology improves and financing becomes more affordable, according to the report.
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Tom Randall, BloombergMr. Randall may be contacted at
trandall6@bloomberg.net