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
Insurer Rejecting Construction Defect Claim Must Share in Defense Costs
March 02, 2020 —
Tred R. Eyerly - Insurance Law HawaiiOne insurer, who accepted the tender of defense in a construction defect case, successfully moved for summary judgment against the second insurer, who denied the insured's tender. Interstate Fire & Cas. v. Aspen Ins. UK Ltd., 2019 N.Y. Misc. LEXIS 5800 (N.Y. Sup. Ct. Oct. 25,2019).
Standard Waterproofing Corporation was hired by the construction manager, G Builders, to perform waterproofing work as part of condominium conversion project. After the project was completed,the condominium occupants experienced water damage in their units. The Condominium Board retained an engineer who reported numerous issues of water infiltration relating to Standard's work.
The Condominium Board filed suit against the construction manager, who filed a third party complaint against Standard. Standard tendered to four different insurers, including plaintiff Interstate and defendant Aspen. Interstate agreed to defend, while Aspen and the other two insurers declined. Aspen argued there were no allegations of an occurrence resulting in property damage during its policy periods. Interstate filed for declaratory relief against Aspen and Standard.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
How to Prepare for Potential Construction Disputes Resulting From COVID-19
August 24, 2020 —
Helga A. Zauner & Sonia Desai - Construction ExecutiveEvery industry has been affected by the COVID-19 pandemic, and construction is no exception. While construction work was deemed essential in some places, it has been limited only to pandemic-related projects in others.
In the current climate, construction companies face a myriad new challenges, including concerns about health and safety, delays resulting from employee illnesses, supply chain disruptions and increased prices for materials, as well as contract delays or cancellations by concerned contract owners. Contractors must keep their employees safe and institute what could be costly best-practice measures, while facing potential claims from employees if they get sick due to a company’s perceived lack of response to the dangers of the coronavirus.
Stakeholders in the construction process need to prepare for potential disputes and understand their rights and responsibilities. This includes understanding applicable clauses in construction contracts and subcontractor agreements as well as business interruption clauses and other provisions in insurance contracts. Stakeholders may need to seek professional counsel to help them understand their rights and responsibilities in potential disputes.
Reprinted courtesy of
Helga A. Zauner & Sonia Desai, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Ms. Zauner may be contacted at helga.zauner@weaver.com
Ms. Desai may be contacted at sonia.desai@weaver.com
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Several Lewis Brisbois Partners Recognized by Sacramento Magazine in List of Top Lawyers
October 03, 2022 —
Lewis BrisboisSacramento, Calif. (September 2, 2022) - Sacramento Magazine has recognized several partners from Lewis Brisbois' Sacramento office on its List of Top Lawyers of 2022. The list is developed through a peer nomination process, with nominees then evaluated on the basis of survey results, the legitimacy of their licenses, and their standing with the State Bar of California. Qualifying attorneys who then receive the highest number of votes from their peers are included in the list, which is organized by area of practice.
Congratulations to:
- Managing Partner John S. Poulos, recognized for Construction Law and Construction Litigation.
- Partner Paul R. Baleria, recognized for Medical Malpractice.
- Partner Scott E. Bartel, recognized for Securities & Corporate Finance and Securities Litigation.
- Partner Greg L. Johnson, recognized for Banking & Financial Services.
- Partner Eric J. Stiff, recognized for Mergers & Acquisitions.
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Lewis Brisbois
Indemnity Payment to Insured Satisfies SIR
March 11, 2014 —
Tred Eyerly – Insurance Law HawaiiIn response to certified questions from the Eleventh Circuit, the Florida Supreme Court found that a contractual indemnity payment to the insured satisfied the policy's SIR requirement. Intervest Constr. of Jax v. Gen. Fid. Ins. Co., 2014 Fl. LEXIS 568 (Fla. Feb. 6, 2014).
ICI Homes, Inc. a general contractor, hired Custom Cutting, Inc. to provide trim work, including installation of attic stairs in a residence ICI was building. Under the contract, Custom Cutting agreed to indemnify ICI for any damages resulting from Custom Cutting's negligence. The owner of the residence fell while using the attic stairs installed by Custom Cutting, injurying herself. The owner sued ICI, who sought indemnification from Custom Cutting.
ICI's policy with General Fidelity had a $1 million SIR. The policy also had a transfer of rights clause granting the insurer some subrogation rights.
The case was mediated. The parties agreed to a settlement of $1.6 million. Custom Cutting's insurer proposed paying $1 million to ICI to settle the indemnification claim. ICI, in turn, would pay that $1 million to the residence owner. A dispute arose over wither ICI or General Fidelity was responsible for paying the remaining $600,000.
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Tred R. Eyerly, Insurance Law HawaiiMr. Eyerly may be contacted at
te@hawaiilawyer.com
Chambers USA Names Peckar & Abramson to Band 1 Level in Construction Law; 29 P&A Lawyers Recognized as Leading Attorneys; Six Regions and Government Contracts Practice Recognized
July 08, 2024 —
Peckar & Abramson, P.C.Peckar & Abramson, P.C. (P&A) is pleased to announce that Chambers USA has recognized the firm at the Band 1 level nationwide in Construction Law. P&A stands alone in being named a Band 1 firm in Construction Law nationally and has been named in the position every year since Chambers USA began awarding the recognition. The firm was also recognized nationally in Government Contracts: Highly Regarded.
P&A’s offices in New York, New Jersey, Florida, and Texas were ranked Band 1 in Construction Law, and the Firm’s California, Illinois, and Washington, DC practices were also highly rated. Additionally, 29 of P&A’s construction lawyers were named leading construction lawyers in their respective jurisdictions – more than any other construction law practice in the country.
As demonstrated by its consistent Chambers USA Rankings, Peckar & Abramson has earned a national reputation for exceptional legal advocacy, representing construction industry members domestically and internationally.
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Peckar & Abramson, P.C.
Brookfield Wins Disputed Bid to Manage Manhattan Marina
January 28, 2015 —
Martin Z Braun – Bloomberg(Bloomberg) -- Brookfield Property Partners won a bid to run a marina in New York’s Battery Park City neighborhood over the objections of residents backing a local businessman who operated the facility and a popular sailing club and school.
The state’s Battery Park City Authority voted Thursday to approve a 10-year agreement with Brookfield, which owns an adjacent 8 million-square-foot office and retail complex. Brookfield is bringing in billionaire real estate investor Andrew Farkas’s Island Global Yachting to manage the North Cove Marina.
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Martin Z Braun, BloombergMr. Braun may be contacted at
mbraun6@bloomberg.net
Builder Pipeline in U.S. at Eight-Year High: Under the Hood
August 26, 2015 —
Sho Chandra – BloombergHere’s the takeaway from the Commerce Department’s report Tuesday in in Washington that showed sales of new homes in the U.S rebounded in July to a 507,000 annualized rate. The median forecast of 75 economists surveyed by Bloomberg projected 510,000.
* Number of homes sold but not yet started climbed to a 192,000 annualized rate, the most since June 2007.
* That means builders have a large pipeline of demand to fill, which will keep housing starts rising.
* The number of homes under construction was the lowest since August 2014 and the number completed were the fewest since November.
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Sho Chandra, Bloomberg