Best Lawyers® Recognizes 49 White and Williams Attorneys
September 16, 2024 —
White and Williams LLPThirty-eight White and Williams lawyers were recognized in Best Lawyers in America® 2025. Inclusion in Best Lawyers® is based entirely on peer-review. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers® employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of quality legal services.
In addition, eleven lawyers were recognized as Best Lawyers: Ones to Watch® in America. This recognition is given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States.
The firm is also pleased to announce Best Lawyers® has recognized three attorneys as "Lawyer of the Year” including: Chuck Eppolito, Litigation - Health Care, Philadelphia, who focuses his practice on medical malpractice defense as well as other insurance-related defense; William D. Kennedy, Litigation – Insurance, Philadelphia, who focuses his practice on complex claims of injury and damage arising in both the professional and general liability contexts; and, Michael O. Kassak, Litigation – Insurance, Cherry Hill, who focuses his practice on large complex commercial matters including insurance coverage and healthcare disputes.
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White and Williams LLP
Staffing Company Not Entitled to Make a Claim Against a Payment Bond and Attorneys’ Fees on State Public Works Payment Bonds
August 12, 2024 —
Garret Murai - California Construction Law BlogIt’s not quite Baskin Robbin’s “31 Flavors” but the panoply of statutory construction payment remedies available to contractors, subcontractor and material suppliers in California, from mechanics liens to stop payment notices to payment bond claims, can be tempting to reach for when you are not paid. However, some flavors are more readily available than others, as a staffing agency discovered in
K & S Staffing Solutions, Inc. v. The Western Surety Company, Case Nos. C096705 and C097987 (January 2, 2024).
The K & S Staffing Case
The California Department of Transportation awarded VSS International, Inc. two public works construction contracts for road maintenance. Each involved an expenditure of over $25,000 and VSSI obtained a payment bond from Western Surety Company.
Titan DVBE Inc. was a subcontractor on both projects. For most years, Titan employed its own workers. However, when it learned that its insurance carrier would no longer be offering workers’ compensation insurance in California it switched to K & S Staffing Solutions, Inc. to fulfill its staffing needs.
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Garret Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
Utilities’ Extreme Plan to Stop Wildfires: Shut Off the Power
October 28, 2024 —
Mark Chediak - BloombergA growing number of utilities are resorting to an extreme measure to prevent their equipment from sparking catastrophic wildfires: turning off the power.
Electric companies serving about 24 million homes and businesses across the fire-prone US West now have plans to preemptively cut electricity during dangerous fire conditions, according to an analysis of
data compiled by researchers at Stanford University. The proactive blackouts, however, run counter to the power companies’ main mission — which is to keep the lights on. And that’s angering customers and officials.
Lawsuits — and the
billions of dollars of damage claims that come with them — are an
increasing concern among utilities, said Michael Wara, who leads the Climate and Energy Policy Program at Stanford University.
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Mark Chediak, Bloomberg
BWB&O’s Motion for Summary Judgment is Granted in a Premises Liability Matter
November 05, 2024 —
Dolores Montoya - Bremer Whyte Brown & O'Meara LLPCongratulations to Newport Beach Partner Courtney Serrato and Associate Joseph Real on Prevailing on a Motion for Summary Judgment for their Client!
Plaintiff filed a lawsuit alleging negligence and premises liability against BWB&O’s client, a general contractor of a multi-level construction project. Plaintiff was injured after a fall at the construction project and filed suit against BWB&O’s client and another subcontractor.
Plaintiff alleged BWB&O’s client was negligent and was responsible for causing Plaintiff’s fall. BWB&O filed a Motion for Summary Judgment arguing under the Privette Doctrine and its progeny, it neither owed nor breached any duty to Plaintiff and that no exception to the doctrine applied. Under the Privette Doctrine, when a person or entity hires an independent contractor to provide work or services, and one of the contractor’s employees is injured on the job, the hirer is generally not liable to the employee.
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Dolores Montoya, Bremer Whyte Brown & O'Meara LLP
AAA Revises Construction Industry Arbitration Rules and Mediation Procedures
July 22, 2024 —
Patrick McKnight - The Dispute ResolverThe American Arbitration Association (AAA) recently revised its Construction Industry Arbitration Rules and Mediation Procedures (“the Rules”). Several notable changes went into effect March 1, 2024, involving the scope of confidentiality, regular and fast track procedures, and updates to certain monetary thresholds.
I. Revisions to Regular Track Procedures
Rule 45: Confidentiality
For the first time, confidentiality is now the default standard. Under Rule 45(a), arbitrators must keep all matters confidential unless otherwise required by law, court order or the agreement of the parties. Rule 45(b) allows a mediator to issue confidentiality orders and “take measures for protecting trade secrets and confidential information.”
Rule 7: Consolidation and Joinder
Under the new provisions, consolidation and joinder requests must be filed before confirmation of the Merits Arbitrator’s appointment. This language eliminates a previous option that allowed confirmation up to 90 days after filing of such requests. A failure to timely respond to a joinder request will result in a waiver of objections. Now, a party must establish both good cause and prejudice for a successful joinder request after confirmation of the arbitrator.
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Patrick McKnight, Fox Rothschild LLPMr. McKnight may be contacted at
pmcknight@foxrothschild.com
An Overview of the New EPA HVAC Refrigerant Regulations and Its Implications for the Construction Industry
September 30, 2024 —
Stefanie A. Salomon, Nadia Ennaji & Ali Heyat - Peckar & Abramson, P.C.The U.S. Environmental Protection Agency (EPA) recently announced a series of significant changes to the rules governing the use of refrigerants in heating, ventilation, and air conditioning (HVAC) systems. These changes, which were promulgated under the American Innovation and Manufacturing (AIM) Act, are designed to phase down the use of hydrofluorocarbons (HFCs), a class of potent greenhouse gases.
The AIM Act: A Game-Changer for HVAC Industry
The recent changes to refrigerant regulations by the EPA signify a substantial shift in environmental policy that will have profound implications for the construction industry. For the construction industry, this means a transition to next-generation technologies that do not rely on HFCs. The AIM Act’s sector-based restrictions will affect a wide range of equipment, including refrigeration and air conditioning systems integral to building design and function.
Starting January 1, 2025, the manufacturing or importing of any product in specified sectors that uses a regulated substance with a global warming potential of 700 or greater is prohibited (40 C.F.R. § 84.54(a)). The specified sectors listed include R-410A, the most common refrigerant used in the HVAC industry. The installation of systems using a regulated substance with a global warming potential of 700 or greater in specified sectors is allowed until January 1, 2026, provided that all system components are manufactured or imported before January 1, 2025. See 40 C.F.R. § 84.54 (c). “Installation” of an HVAC system is defined as the completion of assembling the system’s circuit, including charging it with a full charge, such that the system can function and is ready for its intended purpose. See 40 C.F.R. § 84.52.
Reprinted courtesy of
Stefanie A. Salomon, Peckar & Abramson, P.C. and
Nadia Ennaji, Peckar & Abramson, P.C.
Ms. Salomon may be contacted at ssalomon@pecklaw.com
Ms. Ennaji may be contacted at nennaji@pecklaw.com
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Athletic Trainers Help Workers Get Back to the Jobsite and Stay Healthy After Injury
August 12, 2024 —
Bryan Lockhart - Construction ExecutiveThere are a number of factors on an active jobsite that can lead to workplace injuries. Heavy machinery, fast-moving equipment, material handling, loud noises and more can create safety hazards and make it easy to lose focus or become distracted. Additionally, the movements workers have to do in their roles—such as lifting or pushing objects or crouching low to the ground for extended periods—can add strain to the body if not done correctly.
The goal is always to minimize the risk of injury, and yet, incidents still occur. According to 2020 Bureau of Labor Statistics data, slips, trips and falls are the most common injuries, accounting for 18% of non-fatal work injuries resulting in days away from work. When workers are injured, it can lead to downtime, lost productivity on the site and workers’ compensation claims.
Employers and site leaders can take various approaches to help workers return to the jobsite safely and effectively and keep them healthy once they return. Introducing an onsite clinic and athletic trainers can help prevent injuries, improve worker health, get people back to work effectively and keep them healthy in the long run. Here are three ways athletic trainers help workers get back to the job and improve their overall health.
Reprinted courtesy of
Bryan Lockhart, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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¡AI Caramba!
January 07, 2025 —
Daniel Lund III - LexologyYou can’t make this up.
That’s what a federal judge in Texas told an attorney whom it was sanctioning for impermissible reliance on artificial intelligence in preparing a brief to the court.
“Pending before the court is the question of whether Plaintiff's counsel… should be sanctioned for submitting a response brief to the court that includes case
Newport Beach Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real Prevailed on a Demurrer in a Highly Publicized Shooting Case!The Anatomy of a Construction Dispute Stage 3- The Last Straw“License and Registration, Please.” The Big Risk of Getting Busted for Working without a Proper Contractor’s LicenseNo Coverage For Damage Caused by Chinese DrywallNew York Developer’s Alleged Court Judgment WoesFlorida Courts Inundated by Wave of New Lawsuits as Sweeping Tort Reform Appears ImminentBHA’s Next MCLE Seminar in San Diego on July 25thPinterest Nixes Big San Francisco Lease Deal in Covid ScalebackCommon Law Indemnification - A PrimerShowdown Over Landmark Housing Law Looms at U.S. Supreme CourtA Murder in Honduras Reveals the Dark Side of Clean EnergyShifting Fees and Costs in Nevada Construction Defect CasesHunton’s Alice Weeks Selected to the Miami Dade Bar’s Circle of Excellence for Insurance LitigationACS Obtains Overwhelming Jury Trial Victory for General Contractor ClientTexas exclusions j(5) and j(6).Sioux City Building Owners Sue Architect over Renovation CostsTraub Lieberman Partner Colleen Hastie Wins Summary Judgment in Favor of Sub-Contracted Electrical CompanyIllinois Court of Appeals Addresses Waiver and Estoppel in Context of Suit Limitation Provision in Property PolicyThe Economic Loss Rule and the Disclosure of Latent Defects: In re the Estate of Carol S. GattisTaking Service Network Planning to the Next LevelNo Coverage for Roof Collapse During HurricaneCalifornia Appeals Court Says Loss of Use Is “Property Damage” Under Liability Policy, and Damages Can be Measured by Diminished ValueNARI Addresses Construction Defect Claim Issues for Remodeling ContractorsCourt’s Ruling on SB800 “Surprising to Some”Real Estate & Construction News Roundup (06/06/23) – Housing Woes, EV Plants and the Debate over Public FinancingBoston Team Secures Summary Judgment Dismissal on Client’s Behalf in Serious Personal Injury CaseStart-up to Streamline Large-Scale Energy RenovationNew World to Demolish Luxury Hong Kong Towers in Major SetbackModular Homes Test Energy Efficiency StandardsGene Witkin Celebrates First Anniversary as Member of Ross Hart’s Mediation TeamDiffering Site Conditions Produce Differing ChallengesWhite and Williams Announces Lawyer Promotions, Four Attorneys Promoted to Partner and One Attorney Promoted to CounselMichigan Civil Engineers Give the State's Infrastructure a "C-" Grade, Improving from "D+" Grade in 2018Limiting Liability: Three Clauses to Consider in your Next Construction ContractFannie-Freddie Elimination Model in Apartments: MortgagesMold Due to Construction Defects May Temporarily Close Fire StationProduct Manufacturers Beware: You May Be Subject to Jurisdiction in MassachusettsHomeowner Alleges Pool Construction Is DefectiveNew Home Permits Surge in WisconsinThe G2G Mid-Year Roundup (2022)ASCE Statement On House Passage Of The Precip ActWendel Rosen Construction Attorneys Recognized by Super LawyersWaiving Consequential Damages—What Could Go Wrong?Why Do Construction Companies Fail?20 Years of BHA at West Coast Casualty's CD Seminar: Chronicling BHA's Innovative ExhibitsInsurer's Motion for Summary Judgment on Faulty Workmanship DeniedNinth Circuit Construes Known Loss ProvisionBusting Major Alternative-Lending MythsCongratulations to Partner Madeline Arcellana on Her Selection as a Top Rank Attorney in Nevada!Express Warranty Trumping Spearin’s Implied WarrantyCOVID-19 Case Remanded for Failure to Meet Amount in ControversyGovernmental Action Exclusion Bars Claim for Damage to Insured's BuildingNegligent Inspection Claim Against Supervising Design Professional / ConsultantNew York Court Holds Radioactive Materials Exclusion Precludes E&O Coverage for Negligent Phase I ReportWater Bond Would Authorize $7.5 Billion for California Water Supply Infrastructure ProjectsAllocating Covered and Uncovered Damages in Jury VerdictConstruction Delayed by Discovery of Bones 
