Newark Trial Team Secures Affirmance of ‘No Cause’ Verdict for Nationwide Housing Manager & Developer
January 07, 2025 —
Lewis Brisbois NewsroomNewark, N.J. (December 30, 2024) - Newark Partner Afsha Noran and Managing Partner Colin Hackett recently obtained a ruling by a New Jersey Appellate Division panel affirming a unanimous "no cause" defense verdict obtained on behalf of a nationwide housing developer and manager.
In this case, the plaintiff and her two minor children brought suit against the firm's client. They appealed a unanimous no-cause jury verdict rendered in May 2023 that found the defendants not liable for mold exposure in their apartment. The plaintiffs argued that several trial errors, including improper jury instructions, a confusing verdict sheet, and prejudicial remarks by defense counsel led to an unjust result. However, the appellate court affirmed the trial court's decision, concluding that there was no miscarriage of justice and that the trial court properly exercised its discretion in handling the case.
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Lewis Brisbois
Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment Unit
September 09, 2024 —
Gus Sara - The Subrogation StrategistIn Phila. Indem. Ins. Co. v. Gonzalez, No. 1-23-0833, 2024 Ill. App. Unpub. LEXIS 1372, the Appellate Court of Illinois considered whether the terms of a lease agreement limited a tenant’s liability for fire damages, a fire caused by her negligence, to her apartment unit only. The plaintiff insured the subject apartment building, which incurred damage to several units as result of a fire in the tenant’s unit. The lease defined “Premises” as the specific apartment unit occupied by the tenant and held the tenant responsible for damage caused to the Premises. While the court found that the lease permitted the plaintiff to subrogate against the tenant, it held that the lease terms limited the damages to the tenant’s apartment unit only.
In Gonzalez, the plaintiff’s insured owned a multi-unit apartment building in Chicago. In September 2019, the building owner entered into a lease agreement with the defendant for apartment Unit 601. The lease stated that Unit 601 was the “Leased Address (Premises).” Another provision stated that building owner “hereby leases to Tenant(s) and Tenant(s) hereby leases from Landlord(s) for use as a private dwelling only, the Premises, together with the fixtures and appliances (if any) in the premises…” The lease also stated that “Tenant shall be liable for any damage done to the premises as a result of Tenant’s or Tenant’s invitees, guests or others authorized to reside in the Premises [sic] direct action, negligence, or failure to inform Landlord of repairs necessary to prevent damage to the Premises.”
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Gus Sara, White and WilliamsMr. Sara may be contacted at
sarag@whiteandwilliams.com
Celebrating Dave McLain’s Recognition in the Best Lawyers in America® 2025
September 16, 2024 —
Higgins, Hopkins, McLain & Roswell, LLCWe are thrilled to announce that David M. McLain, a founding partner of Higgins, Hopkins, McLain & Roswell, LLC, has been recognized in the prestigious publication, The Best Lawyers in America® 2025. David has earned this honor for his outstanding work in Construction Law and Litigation – Construction.
For over two decades, David has been a leading figure in the field of construction law. His dedication to providing exceptional legal services to developers, general contractors, and other construction professionals has set him apart as a trusted advisor and advocate in the Colorado construction industry. His inclusion in The Best Lawyers in America® 2025 is a testament to his hard work, legal acumen, and the respect he has garnered from his peers.
About The Best Lawyers in America®
The Best Lawyers in America® is one of the oldest and most esteemed peer-review publications in the legal profession. Each year, lawyers are nominated and evaluated by their peers based on their professional expertise and achievements. Only a select few receive this honor, making it a significant recognition of excellence in the legal field.
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Higgins, Hopkins, McLain & Roswell, LLC
A Place to Study Eternity: Building the Giant Magellan Telescope
October 15, 2024 —
Jeff Rubenstone - Engineering News-RecordSituated on a remote mountaintop in the Atacama Desert in Chile, the Giant Magellan Telescope will one day allow astronomers to peer further into the universe with a greater degree of clarity than ever before. But siting a highly sensitive instrument with seven massive, 8.4-meter-dia mirrors on a windy peak in one of the world’s most seismically active regions takes careful engineering, especially since the 12-story upper section of the 22-story telescope enclosure will have to rotate 360° with an extreme degree of precision, multiple times a night.
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Jeff Rubenstone, Engineering News-Record
Mr. Rubenstone may be contacted at rubenstonej@enr.com
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Damage Control: Major Rebuilds After Major Weather Events
October 21, 2024 —
David McMillin - Construction ExecutiveMore than two feet of rain drenching Fort Lauderdale in a day, baseball-sized hail chunks falling on Minneapolis and the deadliest wildfire in more than a century destroying more than 2,100 acres of Maui—2023 was a stark reminder that Mother Nature is a force to be reckoned with. In total, $28 billion dollars’ worth of extreme weather and climate-related disasters ripped across the U.S. last year—a new record, according to the National Oceanic and Atmospheric Administration. And there’s no relief in sight: 2024 is already the second-busiest tornado season on the books, and wildfires were burning in Oregon, California, Montana and Texas as this issue went to print.
Part of dealing with disasters is preparing for their impact to infrastructure, and Roland Orgeron Jr.—who co-founded New Orleans-based Legacy Industries with business partner Blake Couch in 2016—has been helping clients do just that. “We do a lot of consulting to identify vulnerabilities, and we offer action plans for companies based on potential storm scenarios,” Orgeron Jr. says.
Some of those clients include large oil and gas companies with operations along the Mississippi River that cannot afford to be shut down for any extended period. “Before Hurricane Ida hit, we pre-positioned equipment inside some facilities, and we had guys responding the day after the storm to clear the area and assess the damage,” Orgeron Jr. says. During the immediate response to Hurricane Ida in 2021, the company’s work involved more than keeping the business locations up and running; they needed to help a business’ employees find a place to live. “We have a home stabilization contract with one oil and gas company designed to make sure their employees can get back to work as comfortably and quickly as possible,” Orgeron Jr. says.
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David McMillin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Is the Construction Industry Actually a Technology Hotbed?
August 19, 2024 —
Andrew Silver - Construction ExecutiveTechnology has always been a driving force behind progress, and the construction industry is no exception. Over the years, technological advancements have revolutionized the way companies design, plan and build structures, leading to increased efficiency, safety and sustainability. From virtual-reality simulations to drones and 3D printing, technology has transformed every aspect of the construction process. However, the construction trades still lag behind other sectors in adoption of digital technologies. With a lack of skilled labor continuing to be an impediment to growth and profitability in the construction industry, technological developments could have significant implications for successful adopters.
Already, the industry is seeing a huge difference in valuation between traditional engineering and construction firms and construction software companies. As labor shortages continue to hinder growth in the industry, consolidation is likely, as is the probability that companies with the greatest tech capabilities will be the most highly valued. There are several areas of technology that are of the greatest interest in the current marketplace.
BIM
Building information modeling with computer-aided design software now allows architects and engineers to create detailed and accurate 3D models of buildings and infrastructure projects, integrating data about every aspect of the building, from materials and costs to energy efficiency and maintenance schedules. These models not only help in visualizing the final product; they also enable better communication and collaboration among project stakeholders.
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Andrew Silver, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions Precedent
August 05, 2024 —
David Adelstein - Florida Construction Legal UpdatesA recent case serves as a reminder to TIMELY and PROPERLY assert affirmative defenses and to understand statutory conditions precedent to construction lien claims. Failing to do one or the other could be severely detrimental to the position you want to take in a dispute, whether it is a lien foreclosure dispute, or any other dispute.
In Scherf v. Tom Krips Construction, Inc., 2024 WL 3297592 (Fla. 4th DCA 2024), the president of a construction company and his wife were building a residence. They orally accepted the proposal from the concrete shell contractor and asked for invoices to be submitted to the president’s construction company. No written contract was memorialized. The president and his wife did not pay the concrete shell contractor and the contractor recorded a lien and sued to foreclose on the lien. Years later (the case had been stayed because the president and his wife filed for bankruptcy and the shell contractor had to get leave of the automatic bankruptcy stay to pursue the lien foreclosure), the shell contractor moved for summary judgment. The president and his wife moved for leave to file an amended answer and affirmative defenses. They claimed the oral contract was with the construction company and the shell contractor was required to serve a Notice to Owner under
Florida Statute s. 713.06. Alternatively, they argued that if the oral contract was with the president and his wife, the shell contractor was required to serve a Final Contractor’s Payment
Recent Florida Legislative Changes Shorten Both Statute of Limitation ("SOL") and Statute of Repose ("SOR") for Construction Defect ClaimsSIGAR Report Finds +$15 Billion in “Waste, Fraud and Abuse” in AfghanistanIt’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.Rio Olympics Work Was a Mess and Then Something Curious HappenedThis Is the Most Remote and Magical Hotel on EarthHow Will Today’s Pandemic Impact Tomorrow’s Construction Contracts?Florida County Suspends Impact Fees to Spur DevelopmentAddenda to Construction Contracts Can Be an IssueBlackstone Said in $1.7 Billion Deal to Buy ApartmentsThe Relevance and Reasonableness of Destructive TestingSeattle’s Audacious Aquarium Throws Builders Swerves, Curves, Twists and Turns
Michigan Finds Coverage for Subcontractor's Faulty Work
Social Distancing and the Impact on Service of Process Amid the COVID-19 Pandemic
U.S. Home Prices Climbed 0.1% in July as Gains Slowed
Colombia's $15 Billion Road Plan Bounces Back From Bribe Scandal
Best Practices After Receiving Notice of a Construction Claim
Insurer's Failure to Settle Does Not Justify Multiple Damages under Unfair Claims Settlement Law
Jury Could Have Found That Scissor Lift Manufacturer Should Have Included “Better” Safety Features
Oracle Sues Procore, Claims Theft of Trade Secrets for ERP Integration
Contractor to Repair Defective Stucco, Plans on Suing Subcontractor
Consultant Says It's Time to Overhaul Construction Defect Laws in Nevada
New York Restaurant and Bar Fire Caused by Electric Defect
Trends: “Nearshoring” Opportunities for the Construction Industry
It’s a Jolly Time of the Year: 5 Tips for Dealing with Construction Labor Issues During the Holidays
Orange County Home Builder Dead at 93
And the Cyber-Beat Goes On. Yet Another Cyber Regulatory Focus for Insurers
Manhattan to Add Most Office Space Since ’90 Over 3 Years
Holding the Bag for Pre-Tender Defense Costs
Developers Can Tap into DOE’s $400 Million for Remote and Rural Clean Energy Projects
Traub Lieberman Partner Lisa Rolle Obtains Summary Judgment in Favor of Defendant
OSHA Updates: You May Be Affected
Insured's Experts Excluded, But Insurer's Motion for Summary Judgment Denied
Harvey's Aftermath Will Rattle Construction Supply Chain, Economists Say
Traub Lieberman Attorneys Lisa Rolle and Christopher Acosta Win Summary Judgment in Favor of Property Owner
Adjuster's Report No Substitute for Proof of Loss Under Flood Policy
Tech to Help Contractors Avoid Litigation
Mississippi Floods Prompt New Look at Controversial Dam Project
OSHA Begins Enforcement of its Respirable Crystalline Silica in Construction Standard. Try Saying That Five Times Real Fast
Monumental Museum Makeover Comes In For Landing
Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results
Court Rules in Favor of Treasure Island Developers in Environmental Case
Pennsylvania Supreme Court Reaffirms Validity of Statutory Employer Defense
White and Williams Announces Lawyer Promotions
Amazon’s Fatal Warehouse Collapse Is Being Investigated by OSHA
Construction Defects Lead to Demolition
Contractual Warranty Agreements May Preclude Future Tort Recovery
Luxury Villa Fraudsters Jailed for Madeira Potato Field Scam
Fatal Boston Garage Demolition Leaves Long Road to Recovery
Administration Seeks To Build New FBI HQ on Current D.C. Site
Hunton Partner Michael Levine Appointed to Law360’s 2024 Insurance Authority Property Editorial Advisory Board
Not Pandemic-Proof: The Ongoing Impact of COVID-19 on the Commercial Construction Industry
Certified Question Asks Washington Supreme Court Whether Insurer is Bound by Contradictory Certificate of Insurance
Hail Damage Requires Replacement of Even Undamaged Siding
NYC Developer Embraces Religion in Search for Condo Sites
In Colorado, Primary Insurers are Necessary Parties in Declaratory Judgment Actions
How Machine Learning Can Help with Urban Development
Home Prices in 20 U.S. Cities Rose at Slower Pace in May
Give Way or Yield? The Jurisdiction of Your Contract Does Matter! (Law note)
A Race to the Finish on Oroville Dam Spillway Fix
Bought a New Vacation Home? I’m So Sorry
California Storm Raises Mudslide Risk, Closes Interstate
