Colorado Nearly Triples Damages Caps for Cases Filed in 2025, Allows Siblings to File Wrongful Death Claims
July 22, 2024 —
Amy Johnson - Lewis BrisboisDenver, Colo. (June 13, 2024) - On June 3, 2024, Colorado Governor Jared Polis signed HB24-1472 to increase the damages caps for personal injury and wrongful death claims. The law nearly triples the amounts available to plaintiffs, which will continue to increase for inflationary adjustments beginning in 2028 and every two years thereafter. These new damages caps affect not only claims that accrue in 2025 and beyond, but they also change the caps for any civil cases filed on or after January 1, 2025. This law was enacted as a compromise to a ballot measure that would have removed any cap on damages. The new caps are as follows:
- The cap on noneconomic damages for personal injuries will be $1.5 million.
- The cap on noneconomic damages for wrongful death will be $2.125 million.
Plaintiffs are likely to delay filing new actions through the rest of 2024 as long as they are not up against a statute of limitations deadline.
Read the full story...Reprinted courtesy of
Amy Johnson, Lewis BrisboisMs. Johnson may be contacted at
Amy.Johnson@lewisbrisbois.com
Courthouse Reporter Series: Nebraska Court of Appeals Vacates Arbitration Award for Misconduct
November 18, 2024 —
Brendan J. Witry - The Dispute ResolverVacating an arbitration award is often seen as an uphill battle. Indeed, the U.S. Supreme Court has stated that “courts may only vacate an arbitrator’s decision ‘only in very unusual circumstances.’” Oxford Health Plans, LLC v. Sutter, 569 U.S. 564, 568 (2013). The Federal Arbitration Act provides limited grounds to seek the vacatur of an arbitration award. In Lund-Ross Constructors v. Duke of Omaga, LLC, ___ N.W.3d ___, 33 Neb.App.73, the Nebraska Court of Appeals found that an arbitrator’s conduct warranted the partial vacatur of the award, which granted relief to a subcontractor who filed a counterclaim after the arbitration hearing had closed.
Lund-Ross contracted with Duke of Omaha to build an apartment complex in Omaha. Lund-Ross, in turn, sub-contracted with A Raymond Plumbing. Following completion of the building, Owner withheld payment from Lund-Ross, who in turn, withheld payment from Raymond. Both Lund-Ross and Raymond filed mechanics liens and initiated suits; Raymond’s suit ultimately was dismissed for want of prosecution. Lund-Ross proceeded to arbitration with Owner, naming Raymond as a respondent. Raymond did not participate in the arbitration as a claimant at the time of the hearing.
Read the full story...Reprinted courtesy of
Brendan J. Witry, Laurie & Brennan LLPMr. Witry may be contacted at
bwitry@lauriebrennan.com
Nancy Conrad Recognized in Lehigh Valley Business 2024 Power in Law List
July 31, 2024 —
White and Williams LLPNancy Conrad, Chair of the Higher Education Group, Managing Partner of the Lehigh Valley Office and the President of the Pennsylvania Bar Association (PBA), has been named to the Lehigh Valley Business 2024 Power in Law List, for her work as a leader in the legal field.
This year’s honorees were asked to relate inspiration that pushed the pursuit of their career. One of her inspirations, as explained by Nancy in the article, was the opportunity to instruct and impact students while teaching during the day and pursuing a legal career in the evening at Temple Law which cemented a “commitment to excellence in the practice of law and service to the community.”
Read the full story...Reprinted courtesy of
White and Williams LLP
Fall 2024 Legislative Update:
October 28, 2024 —
Joshua Lane - Ahlers Cressman & Sleight PLLCReview of (a) RCW 60.30.010-020, (b) RCW 49.17.530, (c) RCW 19.95.020, (d) RCW 39.116.005, et seq., (e) RCW 36.70B.080, and (f) RCW 39.12.010 and .13
While much of the focus on the recent legislative updates has been on RCW 39.04.360, a number of other legislative changes may also have significant impacts on Washington’s construction industry. Six of these changes are summarized below.
A. RCW 60.30.010 and .020 (SSB 6108) – Concerning Retainage on Private Construction, Effective June 6, 2024
Last year, ESSB 5528 imposed restrictions and obligations related to retainage and timing of final payment on private (non-public works) projects. It capped retainage at 5%, required prompt payment on final payments, and required owners to accept a retainage bond on private construction projects, excluding single-family residential construction less than 12 units.
This year, SSB 6108 adds suppliers to the statutes (RCW 60.30.010 and 0.020) pertaining to retainage on private construction projects.
Read the full story...Reprinted courtesy of
Joshua Lane, Ahlers Cressman & Sleight PLLCMr. Lane may be contacted at
joshua.lane@acslawyers.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.
Read the full story...Reprinted courtesy of
Higgins, Hopkins, McLain & Roswell, LLC
Kahana Feld Partner Jeff Miragliotta and Senior Associate Rachael Marvin Obtain Early Dismissal of Commercial Litigation Cases in New York and New Jersey
August 26, 2024 —
Rachael Marvin - Kahana FeldKF attorneys Jeff Miragliotta and Rachael Marvin recently secured early dismissal for a commercial real estate client on pre-answer motions to dismiss for two cases involving disputes over commercial properties in Union County, New Jersey and Suffolk County, New York.
Plaintiff argued it was entitled to damages in excess of 50 million dollars, including punitive damages, for claims involving trade libel, defamation, conspiracy, and tortious interference with contract and prospective economic advantage for reports that were prepared in connection with the use of a commercial building in Union County, New Jersey. KF attorneys successfully argued that the statute of limitations had run for each of plaintiff’s claims by utilizing a decision from the Supreme Court of New Jersey in an underlying case filed against Union County.
Read the full story...Reprinted courtesy of
Rachel Marvin, Kahana FeldMs. Marvin may be contacted at
rmarvin@kahanafeld.com
Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling
December 17, 2024 —
Jamison Rayfield & Brian Slome - Lewis BrisboisSan Diego/San Francisco, Calif. - The California Court of Appeal
recently reversed a summary judgment ruling in favor of a geotechnical engineering firm that had conducted a brief inspection of a residential construction project's footing trench for $360. The case arose when homeowner Cheryl Lynch experienced significant property damage after her home's foundation failed and the structure began subsiding into a slope. Lynch sued Peter & Associates for professional negligence and nuisance, despite having no direct contractual relationship with the firm, which had been hired by her contractor to perform the geotechnical inspection.
The court distinguished this case from Bily v. Arthur Young & Co. (1992) 3 Cal.4th 370, which had limited auditors' professional duty to third parties, noting that Bily dealt with purely economic damages, whereas Lynch involved physical property damage, making Bily's policy concerns about unlimited liability inapplicable. The court emphasized that construction professional negligence cases, particularly those involving residential property damage, warrant a different analysis than cases involving economic loss.
Reprinted courtesy of
Jamison Rayfield, Lewis Brisbois and
Brian Slome, Lewis Brisbois
Mr. Rayfield may be contacted at Jamison.Rayfield@lewisbrisbois.com
Mr. Slome may be contacted at Brian.Slome@lewisbrisbois.com
Read the full story...
Hawaii Supreme Court Finds Climate Change Lawsuit Barred by “Pollution Exclusion”
November 05, 2024 —
Jason Taylor - Traub Lieberman Insurance Law BlogOn October 7, 2024, the Hawaii Supreme Court answered the question of whether an “accident” includes an insured’s reckless conduct in emitting harmful greenhouse gases (“GHGs”) and whether such emissions are “pollutants” as defined in a general liability policy’s pollution exclusion. In Aloha Petro., Ltd. v. National Union Fire Insurance Co. of Pitt., PA, No., 2024 Haw. LEXIS 179 (Oct. 7, 2024), the Hawaii Supreme Court answered in the affirmative as to both certified questions from the United States District Court for the District of Hawaii, holding that an insured’s reckless conduct can be an “accident” and that GHGs are “pollutants” under the policies’ pollution exclusions.
In the underlying case, the County of Honolulu and the County of Maui (the “Counties”) sued Aloha Petroleum, Ltd. (“Aloha”) and several other fossil fuel companies for climate change-related harms. Namely, the Counties alleged that the fossil fuel industry knew that its products would cause catastrophic climate change, and rather than mitigating their emissions, defendants concealed such knowledge, promoted climate science denial, and increased their production of fossil fuels. Aloha was allegedly on notice that its products caused harmful climate change through its former parent company, Phillips 66, and its current parent company, Sunoco. Given this knowledge, the District Court determined that the Counties allegations constituted reckless conduct by Aloha.
Read the full story...Reprinted courtesy of
Funding the Self-Insured Retention (SIR)Social Engineering Scams Ar
Application of Set-Off When Determining Prevailing Party for Purposes of Attorney’s Fees
The Word “Estimate” in a Contract Matters as to a Completion Date
Insurer's Judgment on the Pleadings Based Upon Expected Injury Exclusion Reversed
Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal
Pay Inequities Are a Symptom of Broader Gender Biases, Studies Show
The Families First Coronavirus Response Act: What Every Employer Should Know
Florida Supreme Court Decision Limits Special Damages Presented to Juries
BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
DOI Aims to Modernize its “Inefficient and Inflexible” Type A Natural Resource Damages Assessment Regulations
Midview Board of Education Lawsuit Over Construction Defect Repairs
New Notary Language For Mechanics Lien Releases and Stop Payment Notice Releases
Residential Mortgage Lenders and Servicers Beware of Changes to Rule 3002.1
Spearin Doctrine: Alive, Well and Thriving on its 100th Birthday
Condominiums and Homeowners Associations Remain Popular Housing Choices for U-S Homeowners
Don’t Do this When it Comes to Construction Liens
Insurer Unable to Declare its Coverage Excess In Construction Defect Case
Congratulations to Associate Madeline Arcellana on Her Selection as a Top Rank Attorney in Southern Nevada!
Denial of Coverage For Bodily Injury After Policy Period Does Not Violate Public Policy
Montana Federal Court Holds that an Interior Department’s Federal Advisory Committee Was Improperly Reestablished
Women Make Slow Entry into Building Trades
Why Do Construction Companies Fail?
Court Orders City to Pay for Sewer Backups
Arbitration is Waivable (Even If You Don’t Mean To)
Seven Proactive Steps to Avoid Construction Delay Disputes
Recommendations and Drafting Considerations for Construction Contingency Clauses Part III
No Coverage for Collapse of Building
Nevada OSHA Provides Additional Requirements for Construction Employers to Address Feasibility of Social Distancing at Construction Sites
Australians Back U.S. Renewables While Opportunities at Home Ebb
PFAS: From Happy Mistake to Ubiquity to Toxic Liability (But is there coverage?)
Boston Team Secures Summary Judgment Dismissal on Client’s Behalf in Serious Personal Injury Case
New York Developers Facing Construction Defect Lawsuit
Contract Change #1- Insurance in the A201 (law note)
Professional Services Exclusion in CGL Policies
Apartment Projects Fuel 13% Jump in U.S. Housing Starts
Where-Forum Art Thou? Is the Chosen Forum Akin to No Forum at All?
Traub Lieberman Attorneys Recognized as 2023 New York – Metro Super Lawyers® and Rising Stars
Be Careful When Walking Off of a Construction Project
Jinx: Third Circuit Rules in Favor of Teamsters in Withdrawal Case
Supreme Court Eliminates Judicial 'Chevron' Deference to Federal Agency Statutory Interpretations
Worker’s Compensation Exclusivity Rule Gets “Trumped” by Indemnity Provision
Subprime Bonds Are Back With Different Name Seven Years After U.S. Crisis
KB Homes Sues Condo Buyers over Alleged Cybersquatting and Hacking
Apartment Construction Ominously Nears 25-Year High
The Double-Breasted Dilemma
NLRB Broadens the Joint Employer Standard
Subcontractors Have a Duty to Clarify Ambiguities in Bid Documents
Construction Mezzanine Financing
The Impact of Nuclear Verdicts on Construction Businesses
Surveys: Hundreds of Design Professionals See Big COVID-19 Business Impacts
What Buyers Want in a Green Home—and What They Don’t
