Scott Saylin Expands Employment Litigation and Insurance Litigation Team at Payne & Fears
September 23, 2024 —
Payne & Fears LLPScott Saylin has joined Payne & Fears LLP as a Law Clerk in the firm’s Employment Litigation Group and Insurance Litigation Group. Before his time at Payne & Fears, Scott served as a law clerk for Cascadia Healthcare in Boise, Idaho.
“We are pleased to welcome Scott Saylin back to the firm. He was with us as a summer associate before completing his final year of law school at George Washington University,” said Amy Patton, the group’s co-chair. “Scott has fantastic potential to develop into an excellent litigator and will be an asset to our team.”
Get to Know Scott
What activities do you enjoy outside of work?
Pickle ball, long walks, beach trips, cooking, watching the Lakers games, and playing the guitar & piano.
Read the full story...Reprinted courtesy of
Payne & Fears LLP
Brenda Radmacher to Speak at Construction Super Conference 2024
November 05, 2024 —
Brenda Radmacher - The Construction SeytBrenda Radmacher, partner in Seyfarth’s Construction group, will present and moderate panels at the 38thAnnual Construction Super Conference 2024 on December 9-11. The conference is recognized as the preeminent construction conference developed for mid to senior-level professionals working in legal and commercial construction markets.
Panel – Looking Around Corners: Emerging Trends and Proactive Solutions
Brenda will co-present a panel on innovative ways to engage experts in construction disputes, focusing on early expert involvement to aid in risk management, issue analysis, mitigation, and documentation for potential litigation.
Panel – Top 10 Issues to Address in Your ADR Process for a Better Solution in Construction Disputes
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Brenda Radmacher, SeyfarthMs. Radmacher may be contacted at
bradmacher@seyfarth.com
When Cyber Crooks Steal Payments, Think Insurance Makes Up The Loss? Think Again.
November 18, 2024 —
Richard Korman - Engineering News-RecordIn Summer 2023, the payment system for a small office and warehouse project that Beck Properties was developing for itself in South St. Paul, Minn., seemed to be running smoothly. Emails were criss-crossing back and forth and paper checks were landing in mailboxes.
Reprinted courtesy of
Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com
Read the full story...
More (and Simpler) Options Under New Oregon Retention Law
October 21, 2024 —
Michael Yelle - Ahlers Cressman & Sleight PLLCSimilar to the changes made by the Washington Legislature last year, the Oregon Legislature recently changed its retention law. Oregon public works agencies and large commercial project owners are now required to accept surety bonds in lieu of withholding retainage on construction projects. There is also no longer a requirement to deposit retention funds in an interest-bearing escrow account.
The owner or public agency must accept the bond in lieu of retainage unless specific grounds exist. For example, public agencies must find there is “good cause” for rejection of the bond based on the “unique project circumstances. Private owners have less discretion to reject a bond and if the bond meets the statutory requirements, per ORS 701.435(1)(a) “the owner and lender shall accept” the bond “in lieu of all or any portion of the retainage…”
Courts have not analyzed when “good cause” exists for public agencies to reject bonds or exactly what will allow a private owner to reject a bond. However, an agency or owner cannot have a general policy to reject retention bonds. The statute does not provide next steps if the contractor disagrees with a decision to reject the bond. It may be necessary to proceed under the contract’s dispute resolution procedure or it may be more appropriate to take the issue directly to the courts.
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Michael Yelle, Ahlers Cressman & Sleight PLLCMr. Yelle may be contacted at
michael.yelle@acslawyers.com
A “Flood” of Uncertainty; Massachusetts SJC Finds Policy Term Ambiguous
August 26, 2024 —
Michael S. Levine & Torrye Zullo - Hunton Insurance Recovery BlogThe highest court in Massachusetts recently held that term “Flood” and the associated phrase “surface waters,” as used in two all-risk insurance policies, is ambiguous in the context of water that accumulated on a parapet roof and rooftop courtyard, thereby negating the insurers’ attempt to limit coverage to a sublimited coverage for “Flood.”
Background
In June 2020, a severe storm caused damage to Norwood Hospital, owned by Medical Properties Trust, Inc. (“MPT”) and leased to Steward Health Care System (“Steward”), the policyholders. The relevant portion of the damage included damage from rain that accumulated on the rooftop courtyard and seeped into the interior of the building causing damage to the building and its contents.
Reprinted courtesy of
Michael S. Levine, Hunton Andrews Kurth and
Torrye Zullo, Hunton Andrews Kurth
Mr. Levine may be contacted at mlevine@HuntonAK.com
Ms. Zullo may be contacted at tzullo@HuntonAK.com
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What You Need to Know to Protect the Project Against Defect Claims
October 28, 2024 —
Scott L. Baker - Los Angeles Litigation BlogIf a property owner claims there is a construction defect, that not only brings the project’s integrity into question but also your business’s reputation. So, how can you take steps to prevent these claims from causing such damage?
Here are three things to know before beginning a project to effectively protect it and
manage construction defect claims.
1. Documentation is key
California and Los Angeles County require certain permits and documents in order for a construction project to move forward. Los Angeles County
will also conduct plan checks to ensure everything is up to code. Detailed documentation will be important while making your plans.
However, keeping notes throughout every step of the project will also be essential. Documenting all aspects of the project helps you:
- Stay updated and aware of the project’s progress
- Proactively catch and handle issues that could result in disputes
- Create a record of evidence that can help manage defect claims
Read the full story...Reprinted courtesy of
Scott L. Baker, Baker & AssociatesMr. Baker may be contacted at
slb@bakerslaw.com
New Research Shows Engineering Firms' Impact on Economy, Continued Optimism on Business Climate
October 28, 2024 —
The ACEC Research InstituteWASHINGTON – The ACEC Research Institute – the leading source of original research for the business of engineering – released the results of two important studies on the current and future state of the engineering industry, and its role in the overall U.S. economy.
The reports, the
2024 Economic Assessment of the Engineering & Design Services Industry and the
Engineering Business Sentiment Report for 2024 Q4, both point to continued optimism for the industry and its firms, though somewhat softened compared to previous quarters.
"This research shows the outsized impact the engineering industry has on the American economy," said ACEC Research Institute Chair Mike Carragher. "As the engineering industry's contributions grow year over year, the Institute's research helps firm executives position their businesses for a successful future."
All told, the industry added $656 billion to the U.S. GDP in 2023, supported well over five million jobs directly or indirectly, and contributed $92 billion to federal tax coffers, with an additional $44 billion in state and local taxes.
Overall, the report found that the engineering and design services industry has continued to build on its year-over-year post-COVID gains, growing 5.5% in 2023 to $436 billion, with much of that growth driven by infrastructure projects. Non-residential and non-building construction, flush with government funding through the IIJA and Inflation Reduction Act, remained on an upward trajectory.
Real Estate & Construction News Roundup (7/17/24) – Housing Inflation to Remain High, Proptech Investment to Fall and Office Vacancy Rates to Reach Peak in 2025
August 26, 2024 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, construction backlog to see positives signs, regional banks to be conservative on buybacks, U.S. metro areas to permit few new housing units, and more!
- Venture capital investments in proptech and adjacent companies fell 14.3% in the first half of the year. (Leslie Shaver, Multifamily Dive)
- The expectation of interest rate cuts by the Federal Reserve later this year due to easing inflation and cooling economic growth is a positive sign for construction backlog. (Sebastian Obando, Construction Dive)
- The U.S. office real estate sector is now in three markets, each with different performance, but the overall office vacancy rate will reach a 21.6% peak in the second half of 2025. (Nish Amarnath, Construction Dive)
National Demand Increases for Apartments, Refuting Calls for Construction Defect Immunity in ColoradoProfessional Services Exclusion in CGL Polic
Housing Starts Surge 23% in Comeback for Canadian Builders
Contingent Business Interruption Claim Denied
Georgia Update: Automatic Renewals in Consumer Service Contracts
Roof Mounted Solar Panels: Lower Your Risk of Fire
MSJ Granted Equates to a Huge Victory for BWB&O & City of Murrieta Fire Department!
“Details Matter” is the Foundation in a Texas Construction Defect Suit
No Duty to Defend Faulty Workmanship Under Hawaii Law, but All is not Lost for Insured Contractor
Do Not File a Miller Act Payment Bond Lawsuit After the One-Year Statute of Limitations
Check The Boxes Regarding Contractual Conditions Precedent to Payment
Congratulations to BWB&O’s 2021 Super Lawyers Rising Stars!
Colorado Court of Appeals to Rule on Arbitrability of an HOA's Construction Defect Claims
Update Regarding McMillin Albany LLC v. Super Ct.
Quick Note: Unenforceable Language in Arbitration Provision
With Wildfires at a Peak, “Firetech” Is Joining Smart City Lineups
Construction and AI: What Contractors Need to Know from ABC’s New Report
Short-Term Rental Legislation & Litigation On the Way!
Goldberg Segalla Welcomes William L. Nimick
Construction Defects Lead to “A Pretty Shocking Sight”
Suffolk Construction Drywall Suits Involve Claim for $3 Million in Court Costs
Charges in Kansas Water Park Death
How a Maryland County Created the Gold Standard for Building Emissions Reduction
Focusing on Design Elements of the 2014 World Cup Stadiums
Haight’s John Arbucci and Kristian Moriarty Selected for Super Lawyers’ 2020 Southern California Rising Stars
Midview Board of Education Lawsuit Over Construction Defect Repairs
Buyer's Demolishing of Insured's Home Not Barred by Faulty Construction Exclusion
How Artificial Intelligence Can Transform Construction
Certificates of Insurance May Confer Coverage
Coverage Exists for Landlord as Additional Insured
Home Numbers Remain Small While Homes Get Bigger
Insured's Claim for Cyber Coverage Rejected
Evolving Climate Patterns and Extreme Weather Demand New Building Methods
White House Reverses Trump Administration NEPA Cutbacks
Another Reminder to ALWAYS Show up for Court
Texas Supreme Court Finds Payment of Appraisal Award Does Not Absolve Insurer of Statutory Liability
Forecast Sunny for Solar Contractors in California
It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit
Colorado Senate Voted to Kill One of Three Construction Defect Bills
Billionaire Row Condo Board Sues Developers Over 1,500 Building Defects
Summary Judgment for Insurer on Construction Defect Claim Reversed
Arizona Supreme Court Confirms Eight-Year Limit on Construction Defect Lawsuits
Texas Approves Law Ensuring Fair and Open Competition
House of the Week: Spanish Dream Home on California's Riviera
Construction Defect Specialist Joins Kansas City Firm
Tokyo Tackles Flood Control as Typhoons Swamp Subways
Nine Newmeyer & Dillion Attorneys Recognized as Southern California Super Lawyers
Feds to Repair Damage From Halted Border Wall Work in Texas, California
Best Lawyers Honors 43 Lewis Brisbois Attorneys, Recognizes Three Partners as 'Lawyers of The Year'
Colorado’s Workers’ Compensation Act and the Construction Industry
Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?
Understanding Liability Insurer’s Two Duties: To Defend and to Indemnify
r CGL Policy Exclusions to Ensure You Are Covered: Wardcraft v. EMC.4 Breakthrough Panama Canal Engineering InnovationsGillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect ClaimsWhite House Reverses Trump Administration NEPA CutbacksClient Alert: Service Via Tag Jurisdiction Insufficient to Subject Corporation to General Personal JurisdictionCleveland Condo Board Says Construction Defects Caused LeaksAlleged Defective Water Pump Leads to 900K in DamagesMicrosoft Urges the Construction Industry to Deliver Lifecycle ValueCan Baltimore Get a Great Bridge?