CEB’s Mechanics Liens and Related Remedies – 2014 Update
November 26, 2014 —
Garret Murai – California Construction Law BlogI’ve been writing for the CEB – the Continuing Education of the Bar – which publishes legal practice guides for lawyers for some time now.
But I don’t think I’ve been quite as excited to write for the CEB than writing for its publication, California Mechanics Liens and Related Construction Remedies, for the first time this year. Particularly, since it’s one of the first publications I used as a young lawyer to learn about construction law, and still use today.
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Garret Murai, Wendel Rosen Black & Dean LLPMr. Murai may be contacted at
gmurai@wendel.com
Haight Brown & Bonesteel Ranked on the 2017 "Best Law Firms" List by U.S. News - Best Lawyers
November 10, 2016 —
Haight Brown & Bonesteel LLPU.S. News – Best Lawyers® ranked Haight Brown & Bonesteel on the 2017 “Best Law Firms” list in the Metropolitan Tier 1 Ranking in Los Angeles for their defense work in insurance law and personal injury litigation.
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Despite Increased Presence in Construction, Women Lack Size-Appropriate PPE
September 26, 2022 —
Robin Marth - Construction ExecutiveFit. Functionality. Comfort. These are absolute musts for any employee wearing personal protective equipment (PPE) for work. Yet for many women in the workplace, finding PPE that fits well remains a challenge.
In 2021, women comprised 11% of construction workers, 7.9% of truck drivers and 29% of manufacturing employees (Bureau of Labor Statistics), and their numbers in these fields continue to increase. Unfortunately, their options for proper-fitting PPE are not growing.
"It's difficult to find PPE that fits women, because there is limited availability of these products, or suppliers do not offer them at all," says Brandy Bossle, owner and principal consultant at Triangle Safety Consulting LLC. "We really need suppliers to go out of their way to offer PPE that's cut for both men and women."
Private fleet driver and Women in Trucking Image Team member Carol Nixon agrees, saying, "You can find men's hats, gloves, jackets and safety vests everywhere, but not with a female fit."
Women can be shaped differently from head to toe—their faces, shoulders, waists, fingers and toes are often narrower, and they often have shorter torsos, among other differences.
In order for PPE to fit many women comfortably and properly, these proportions need to be taken into account. In fact, OSHA states on its website that PPE used by women should be based on female body measurement data and that employers should offer PPE in sizes suitable for women.
Reprinted courtesy of
Robin Marth, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Ms. Marth may be contacted at
media@jjkeller.com
Texas Central Wins Authority to Take Land for High-Speed Rail System
October 03, 2022 —
Barclay Nicholson & Erica Gibbons - Sheppard Mullin Construction & Infrastructure Law BlogMove over luxury bus lines and quick flights. Central Texans should be on the lookout for bulldozers and train stops. On June 24, 2022, the Supreme Court of Texas held that Texas Central Railroad & Infrastructure, Inc. and related entities (collectively “Texas Central”) have eminent domain authority to acquire property for a proposed high-speed rail system between Dallas and Houston.
[1] Specifically, the Court held that the corporation qualifies as an “interurban electric railway company” under the Texas Transportation Code. This ruling grants Texas Central the broad condemnation authority to procure land for the project.
Texas Central has Statutory Authority to Take Land
The plaintiff in the matter, a farm owner with property south of Dallas along the proposed path of the bullet train, challenged the companies power to condemn land. The landowner’s declaratory judgment action challenged Texas Central’s eminent-domain authority. Under Texas law, condemnation power must be conferred by the legislature, either expressly or by necessary implication.
[2]
Here, Texas Central was created for the purpose of constructing, acquiring, maintaining, or operating lines of electric railway between Texas municipalities. The Court found that Texas Central is engaged in activities to further that purpose. Therefore, the Court concluded, that although legislators did not contemplate high-speed railways at the time of drafting the Transportation Code, Texas Central nonetheless qualified as “interurban electric railway companies” under the statute.
Reprinted courtesy of
Barclay Nicholson, Sheppard Mullin and
Erica Gibbons, Sheppard Mullin
Mr. Nicholson may be contacted at bnicholson@sheppardmullin.com
Ms. Gibbons may be contacted at egibbons@sheppardmullin.com
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Hurricane Handbook: A Policyholder's Guide to Handling Claims during Hurricane Season
October 11, 2021 —
Tracy Alan Saxe, Kelly A. Johnson, Samantha M. Oliveira & R. G. Nelson - Saxe Doernberger & VitaSDV's Natural Disaster Recovery Group presents the Hurricane Handbook: A Policyholder's Guide to Handling Claims during Hurricane Season. This handbook intends to be a practical guide on policyholder issues, both homeowners and business owners alike, when preparing for hurricane season and handling claims after a loss due to a hurricane. The handbook is a living document that will evolve over time, as our Natural Disaster Recovery Group members continue to contribute new and expansive content on the complex issues arising in this area. Remember to check back for additional information and updated content regarding the Hurricane Season Policyholder’s Handbook.
I. Are You Adequately Insured for a Hurricane?
Understanding the various types of coverage policyholders can purchase is vital to weathering the financial storm following a natural disaster.
Reprinted courtesy of
Tracy Alan Saxe, Saxe Doernberger & Vita,
Kelly A. Johnson, Saxe Doernberger & Vita,
Samantha M. Oliveira, Saxe Doernberger & Vita and
R. G. Nelson, Saxe Doernberger & Vita
Mr. Saxe may be contacted at TSaxe@sdvlaw.com
Ms. Johnson may be contacted at KJohnson@sdvlaw.com
Ms. Oliveira may be contacted at SOliveira@sdvlaw.com
Ms. Nelson may be contacted at RNelson@sdvlaw.com
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Haight Celebrates 2024 New Partner Promotions!
January 22, 2024 —
Haight Brown & Bonesteel LLPHaight is celebrating new partner promotions in 2024. Congratulations to Gary LaHendro, Melvin Marcia and Philip McDermott!
Gary LaHendro became a member of the California State Bar in December 1993. He is a member of the Risk Management & Insurance Law Practice Group. He focuses his practice on insurance coverage and bad faith litigation. Gary’s clients include carriers within the United States and London Markets for whom he has provided coverage advice on various lines of coverage, including commercial general liability, excess, errors and omissions, auto, and representations and warranties. Gary also monitors the defense of insureds with respect to third-party lawsuits. In addition to coverage work, Gary has over 20 years of litigation experience as lead defense counsel on cases involving soil and groundwater contamination, professional liability, construction defect and personal injury cases. He is also a skilled appellate attorney and Certified Mediator.
Melvin Marcia became a member of the California State Bar on June 1, 2016. Melvin is a member of the firm’s Transportation Law, General Liability, Product Liability and Fire Litigation Practice Groups. His practice focuses on litigation of high value cases, ranging from catastrophic injury, wrongful death, premises liability, business disputes, product liability, uninsured/underinsured arbitrations and subrogation matters.
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Haight Brown & Bonesteel LLP
California Pipeline Disaster Brings More Scandal for PG&E
September 17, 2014 —
Mark Chediak – BloombergA deadly pipeline explosion that shattered a California town four years ago continues to rip through the state agency weighing a record penalty for the disaster.
The president of the California Public Utilities Commission asked his chief of staff to resign and recused himself from the case after “inappropriate e-mail exchanges” with PG&E Corp. (PCG) raised questions about bias, according to a statement from the commission yesterday. The CPUC may decide within weeks whether to levy a proposed $1.4 billion penalty -- the biggest safety fine in the state’s history -- against PG&E for the 2010 explosion of a natural gas pipeline that killed eight people in San Bruno.
Commission President Michael Peevey, who has been accused by San Bruno officials and consumer advocates of being too close to the utility, said in the statement he would not take part in penalty deliberations to eliminate any appearance of impropriety. The move is a step toward regaining credibility for the CPUC after two years of political infighting has created an ongoing climate of scandal.
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Mark Chediak, BloombergMr. Chediak may be contacted at
mchediak@bloomberg.net
Enforceability Of Subcontract “Pay-When-Paid” Provisions – An Important Update
June 15, 2020 —
Patrick McNamara - Porter Law GroupA California Court of Appeals opinion published earlier this month brings a change to payment bond claims brought by unpaid subcontractors and suppliers. The decision (Crosno Construction, Inc. v. Travelers Casualty and Surety Company of America) places limitations on a payment bond surety’s ability to rely on subcontract “pay-when-paid” language, stating that a payment provision typically found in subcontracts is contrary to the “reasonable time” statutory requirement and will not be enforced. This represents a major shift in California construction payment bond claim rights.
Plaintiff Crosno Construction, Inc. (“Crosno) was a subcontractor to general contractor Clark Brothers (“Clark”), who was principal on a public works payment bond issued by Travelers. The owner was a public agency district (“District.”) Crosno had completed most of its subcontract work when a dispute between District and Clark arose, causing the project to stop. Crosno then sought payment through a payment bond claim against Travelers. Travelers denied the claim, relying on the subcontract’s payment provisions and asserting the defense that it had no obligation to pay on the bond claim because the litigation between Clark and the District had not yet reached its conclusion.
Subcontract. The subcontract between Clark and Crosno contained a “pay-when-paid” provision stating that Clark would pay Crosno within a reasonable time after receiving payment from the District. In defining “a reasonable time,” the subcontract language provided that the time for payment “in no event shall be less than the time [Clark] and [Crosno] require to pursue to conclusion their legal remedies against [District] or other responsible party to obtain payment.”
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Patrick McNamara, Porter Law GroupMr. McNamara may be contacted at
pmcnamara@porterlaw.com