Thirteen Payne & Fears Attorneys Honored by Best Lawyers
August 19, 2024 —
Payne & Fears LLPCongratulations to the 13 Payne & Fears attorneys included in the 2025 Edition of “Lawyer of the Year,” The Best Lawyers In America®, and Best Lawyers: Ones to Watch®. Attorneys have been recognized in the following practice areas:
2025 Edition “Lawyer of the Year”
Orange County
Benjamin A. Nix
Daniel F. Fears
- Litigation – Labor and Employment
Read the full story...Reprinted courtesy of
Payne & Fears LLP
ASCE Statement on House Passage of the Water Resources Development Act of 2024
August 05, 2024 —
Marsia Geldert-Murphey, P.E., President of the American Society of Civil EngineersWASHINGTON — The American Society of Civil Engineers (ASCE) commends the House of Representatives for passing H.R. 8812, the bipartisan Water Resources Development Act (WRDA) for 2024. The House WRDA 2024 bill will help improve America's ports and inland waterways, enhance flood risk management and storm risk reduction programs, and prioritize ecosystem restoration. While we urge the Senate to swiftly vote on its version of WRDA, we are encouraged that our nation's critical water resources infrastructure remains a congressional priority.
The House version of WRDA includes several key provisions to enhance the safety of America's dams and levees, which each received a 'D' on the 2021 Report Card for America's Infrastructure, as well as provisions to modernize the nation's inland waterways system, which received a 'D+' in the 2021 Report Card. This includes one of ASCE's top legislative priorities for this year, the reauthorization of the National Dam Safety Program through 2028. But beyond the reauthorization, this bill reduces restrictions on the amount of funds states can receive in National Dam Safety Program State Assistance Grants; improves access to the High Hazard Potential Dam Rehabilitation Grant Program; and requires the incorporation of low-head dams into the National Inventory of Dams. Each of these provisions are critical to ensuring the long-term safety of our nation's dams and ASCE applauds the House for their inclusion. Furthermore, ASCE was pleased to see that the House legislation extends the National Levee Safety Program through 2033, which will help support the establishment of state levee safety programs, develop and publish national guidelines for levee safety, and enhance flood protection nationwide.
While these measures are not included in the Senate version of WRDA, we encourage lawmakers to ensure they are included in a final conference version of the bill.
We thank the House of Representatives for moving forward WRDA 2024 and strongly encourage the Senate to pass its version so that Congress can keep this vital water resources legislation on a biennial schedule and ensure our nation's dams, levees, ports, and inland waterways can support the American economy and protect public safety.
ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS
Founded in 1852, the American Society of Civil Engineers represents more than 160,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel.
Rhode Island Closes One Bridge and May Have Burned Others with Ensuing Lawsuit
October 07, 2024 —
Bill Wilson - Construction Law ZoneThe state of Rhode Island recently filed a lawsuit against 13 companies that provided design, construction, and inspection services over the past ten years (the extent allowed by the applicable statute of limitations) to the Washington Bridge, which carries I-195 between East Providence and Providence. The bridge was abruptly closed in December 2023 following the discovery of alleged fractured steel tie-downs critical to the bridge’s stability and additional deterioration in cantilever beams throughout the bridge. Before the closure, approximately 90,000 vehicles per day traveled over the bridge.
The complaint alleges that the defendants, the majority of which are experienced, industry-leading firms in their respective fields, were negligent and breached their respective contracts with the State. The State contends that every company that worked on the bridge over the past ten years missed the serious structural conditions alleged. The lawsuit also claims that the State has suffered millions of dollars of damages since the bridge was closed and seeks indemnity and contribution from all defendants to the extent that the State may be liable to third parties in the future.
Read the full story...Reprinted courtesy of
Bill Wilson, Robinson & Cole LLP
When Every Drop Matters, Cities Turn to Watertech
November 25, 2024 —
James B. Bobotek - Gravel2Gavel Construction & Real Estate Law BlogWe all need water to survive—but access to the liquid lifeline isn’t always a given. With a shifting climate and ever-increasing agricultural and industrial demands on this limited commodity, UNICEF predicts that by 2025, half of the world’s population could be living in areas facing water scarcity. On top of the obvious resource drains, many countries are losing surprising amounts of potable water to leaks. For example, in the United States alone, an estimated 6 billion gallons of treated drinking water seep out of its supply every day due to aging pipelines and undetected leaks.
“Smart” water innovations may offer conservation solutions, though. As part of an overall smart city scheme, where internet of things (IoT) devices work hand-in-hand with AI to improve daily life, many municipalities are giving their water systems a makeover. From new meters to irrigation and pipeline maintenance, we look at some of the key intelligent technologies that endeavor to improve how we harness our water supply.
Read the full story...Reprinted courtesy of
James B. Bobotek, PillsburyMr. Bobotek may be contacted at
james.bobotek@pillsburylaw.com
NCDOT Aims to Reopen Helene-damaged Interstate 40 by New Year's Day
December 10, 2024 —
Derek Lacey - Engineering News-RecordInterstate 40, closed in late September when flooding from Hurricane Helene caused multiple landslides and washouts in the Pigeon River Gorge between North Carolina and Tennessee, is expected to partially reopen on New Year’s Day 2025, more than three months after the storm. Long-term reconstruction plans are still in early development.
Read the full story...Reprinted courtesy of
Derek Lacey, ENRMr. Lacey may be contacted at
laceyd@enr.com
With Wildfires at a Peak, “Firetech” Is Joining Smart City Lineups
October 21, 2024 —
James P. Bobotek - Gravel2Gavel Construction & Real Estate Law BlogThe
threat of extreme wildfires has doubled in the past 20 years, with almost 20,000 fires blazing across the United States in 2024 alone. These high-intensity fires can be deadly, expensive, and create lingering health and environmental consequences. While we are used to seeing firefighters on the frontlines, researchers hope that next-generation smart technology, augmented by artificial intelligence (AI), will also play a key role in battling these conflagrations. Many municipalities, particularly those near wildfire-prone forests, are beginning to incorporate fire-focused advances (or “firetech”) into their smart city ecosystems.
“Smart cities” are urban centers enhanced by utilities, emergency services,
traffic signals and more that are linked through information and communications technology. Though the concept can spark cybersecurity-related concerns, many locales are gradually implementing many different kinds of smart tech. Following the 2023 wildfire that devastated Maui, for example, Hawaii installed a network of
cloud-based fire and wind sensors that use AI to detect wildfires in real time. Smart tools like these can aid in predicting and discovering fires, streamlining emergency alert protocols, calculating vital analytics and improving firefighter safety. The National Fire Protection Association (NFPA) is
actively studying these innovations, particularly in terms of environmental (smart buildings or robotics), operational (communications) and personnel (PPE sensors or biometrics). Below are a few of the key technologies to watch in this emerging field:
- Smart Sensors. A total of 80 sensors (64 wildfire sensors and 16 wind sensors) were placed throughout Hawaii starting in March of 2024. Attached to existing utility poles, they detect heat in the air, and then engage AI and smart learning to distinguish smoke particles and gases produced by fires from those commonly found in Hawaii’s atmosphere—such as volcanic ash and ocean salt. Positioned in “strings,” the sensors “talk” to each other and send text messages to officials when they find a problem.
Read the full story...Reprinted courtesy of
James P. Bobotek, PillsburyMr. Bobotek may be contacted at
james.bobotek@pillsburylaw.com
New York Construction Practice Team Obtains Summary Judgment, Dismissal of Labor Law §240(1) Claim Against Municipal Entities
August 19, 2024 —
Lewis Brisbois NewsroomNew York, N.Y. (August 8, 2024) – In Josan v. City of New York, et al., New York Associate Jonathan A. Bartlett, a member of New York Partner Meghan A. Cavalieri’s Construction Practice Team, recently obtained summary judgment and dismissal of the plaintiffs’ Labor Law §240(1) claim against the City of New York, the New York City School Construction Authority, and the New York City Department of Education.
The plaintiff alleged to have sustained injuries as the result of a construction site accident occurring on January 9, 2020, while in the scope of his employment as a forklift operator in connection with the construction/renovation of a school building in Brooklyn, New York. Specifically, the plaintiff alleged that he was injured when a forklift he was operating in order to lift scaffold frame materials tipped over, causing him disabling injuries. The plaintiffs’ counsel articulated an eight-figure initial settlement demand.
Read the full story...Reprinted courtesy of
Lewis Brisbois
Real Case, Real Lessons: Understanding Builders’ Risk Insurance Limits
August 12, 2024 —
David McLain - Higgins, Hopkins, McLain & Roswell
Ex-San Francisco DPW Director Sentenced to Seven Years in Corruption Case
Revisiting Statutory Offers to Compromise
Court Orders City to Pay for Sewer Backups
Appeal of an Attorney Disqualification Order Results in Partial Automatic Stay of Trial Court Proceedings
New Jersey Condominium Owners Sue FEMA
Insurer Has Duty to Defend Additional Insured in Construction Defect Case
Denver Officials Clamor for State Construction Defect Law
Dump Site Provider Has Valid Little Miller Act Claim
Eleventh Circuit Finds No “Property Damage” Where Defective Component Failed to Cause Damage to Other Non-Defective Components
California Court of Appeal Adopts Horizontal Exhaustion Rule
Putting for a Cure: Don’t Forget to Visit BHA’s Booth at WCC to Support Charity
Sweat the Small Stuff – Don’t Overlook These Three (3) Clauses When Negotiating Your Construction Contract
Wheaton to Require Sprinklers in New Homes
UConn’s Law-School Library Construction Case Settled for Millions
South Adams County Water and Sanitation District Takes Proactive Step to Treat PFAS, Safeguard Water Supplies
Florida Enacts Sweeping Tort Reform Legislation, Raising Barriers to Insurance Coverage Claims
Wood Smith Henning & Berman LLP Expands into Georgia
Newmeyer Dillion Attorneys Named to 2022 Southern California Rising Stars List
Stadium Intended for the 2010 World Cup Still Not Ready
Hirer Liable for Injury to Subcontractor’s Employee Due to Failure to Act, Not Just Affirmative Acts, Holds Court of Appeal
Renovation Makes Old Arena Feel Brand New
Contractor Haunted by “Demonized” Flooring
Contractor Jailed for Home Repair Fraud
NTSB Issues 'Urgent' Recommendations After Mass. Pipeline Explosions
General Release of Contractor Upheld Despite Knowledge of Construction Defects
What Cal/OSHA’s “Permanent” COVID Standards Mean for Employers
A Court-Side Seat: Flint Failures, Missed Deadlines, Toad Work and a Game of Chicken
Did New York Zero Tolerance Campaign Improve Jobsite Safety?
Hospital Settles Lawsuit over Construction Problems
The Role of Code Officials in the Design-Build Process
Super Lawyers Selects Haight’s Melvin Marcia for Its 2023 Northern California Rising Stars List
Subsequent Owners of Homes Again Have Right to Sue Builders for Construction Defects
Update: New VOSH Maximum Penalties as of July 1
Washington Supreme Court Expands Contractor Notice Obligations
Court of Appeals Issues Decision Regarding Second-Tier Subcontractors and Pre-Lien Notice
Federal Court Enforces “Limits” and “Most We Will Pay” Clauses in Additional Insured Endorsement
Practical Advice: Indemnification and Additional Insured Issues Revisited
Luxury Villa Fraudsters Jailed for Madeira Potato Field Scam
Lawsuits over Roof Dropped
Court Denies Insurer's Motion to Dismiss Collapse Claim
Rooftop Owners Sue Cubs Consultant for Alleged False Statements
BWB&O Partner Jack Briscoe and Associate Anoushe Marandjian Win Summary Judgment Motion on Behalf of Homeowner Client!
Got Licensing Questions? CSLB Licensing Workshop November 17th and December 15th
Following Mishaps, D.C. Metro Presses on With Repairs
Agile Project Management in the Construction Industry
Can Your Employee File a Personal Injury Claim if They’re Injured at Work?
Crisis Averted! Pennsylvania Supreme Court Joins Other Courts in Finding that Covid-19 Presents No Physical Loss or Damage for Businesses
South Carolina Clarifies the Accrual Date for Its Statute of Repose
The Biggest Thing Keeping Young Homebuyers out of the Market Isn't Student Debt
#11 CDJ Topic: Cortez Blu Community Association, Inc. v. K. Hovnanian at Cortez Hill, LLC, et al.
New Washington Law Nixes Unfair Indemnification in Construction Contracts
Florida’s Supreme Court Resolves Conflicting Appellate Court Decisions on Concurrent Causation
Repeated Use of Defective Fireplace Triggers Duty to Defend Even if Active Fire Does Not Break Out Until After End of Policy Period
Can Businesses Resolve Construction Disputes Outside of Court?
Recommendations and Drafting Considerations for Construction Contingency Clauses Part III
America’s Bridges and the Need for Bridge Infrastructure Investment
New York Appellate Division: Second Department Contradicts First Department, Denying Insurer's Recoupment of Defense Costs for Uncovered Claims
Real Estate & Construction News Round-Up (07/13/22)
Quick Note: Remember to Timely Foreclose Lien Against Lien Transfer Bond
The Flood Insurance Reform Act May be Extended to 2016
California Limits Indemnification Obligations of Design Professionals
