Davie Florida Construction Expert Witness Directory

Be a Good Neighbor: Techniques to Mitigate the Risk of Claims from Adjacent Landowners

December 07, 2020 — Joshua Levy, Josh Neudorfer & Madeleine Bailey - Construction Executive
In May 2020, a real estate developer performing excavation work in New York was sued by a neighboring property owner for property damage. A court overturned an injunction preventing the developer from continuing excavation work after reviewing a preconstruction assessment that showed the damage to the neighboring property was preexisting—not caused by the excavation (see Feldman v. 3588 Nostrand Ave. LLC as an example) A preconstruction assessment is one of the most important tools in the arsenal of a developer protecting itself from neighbors bringing claims for property damage. Part two of this series will review the benefits of risk mitigation tools recommended for developers such as postconstruction assessments and monitoring during construction. Preconstruction Assessment Overview A preconstruction assessment is a review of a property adjacent to a site where demolition and/or construction activities are to take place. The goal of the assessment is to establish baseline conditions by conducting an inspection of buildings and infrastructure, including identification of existing damage to improvements, so that causation of any alleged damages can be more easily determined. Reprinted courtesy of Joshua Levy, Josh Neudorfer & Madeleine Bailey, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Levy may be contacted at joshua.levy@huschblackwell.com Mr. Neudorfer may be contacted at jneudorfer@thesigmagroup.com Read the court decision
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2020s Most Read Construction Law Articles

January 25, 2021 — ConsensusDocs
2020 was . . . well . . . well it was memorable. Among many other things, construction was recognized as essential and ConsensusDocs published industry firsts in addressing prefabricated construction and lean for design-build, as well as 8 comprehensively revised performance and payment bonds. We also saw unprecedented readership of our construction law newsletter. As we celebrate the end of 2020 and wish you a happy new year, we continue a new a tradition of recognizing the below most read construction law articles of the year. The ConsensusDocs Team. 5. Level 10 Construction v. Sea World LLC: Can Force Majeure Save Sea World? By: Jamey B. Collidge Associate, Troutman Pepper. 4. The Designer’s Pre-bid Standard Of Care In A Design-Build Project By: Joshua A. Morehouse Associate, Peckar & Abramson P.C. Read the court decision
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Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant

December 21, 2020 — Garret Murai - California Construction Law Blog
Earlier this year I filed a complaint in a court which I won’t identify other than to say that it wasn’t the San Francisco Superior Court. Immediately upon filing the complaint the Court gave notice of a trial date. As counsel for the party bringing the action, I appreciate this, as it eliminates the back and forth jostling that can sometimes occur when trying to get a trial date. Here’s the kicker though. While I appreciate getting a trial date straight out of the gate. The date I got was . . . wait for it . . . not until 2022! Those who litigate in California state courts know that the courts are understaffed and overworked. But you’ve got to give this un-named court credit for being upfront. Forget the “well, let’s see where this goes” niceties. Trial within a year? Fugetaboutit. Trial within a year and a half. Don’t even think about it. Trial within two years. It’s about as good as you’re going to get. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Louis "Dutch" Schotemeyer Returns to Newmeyer Dillion as Partner in Newport Beach Office

September 14, 2020 — Louis "Dutch" Schotemeyer - Newmeyer Dillion
Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that Louis “Dutch” Schotemeyer has rejoined the firm as a partner in the Newport Beach office. Schotemeyer will expand the firm’s Real Estate Litigation, Construction Litigation, Business Litigation and Labor & Employment practices and strengthen the firm’s legal offerings for companies operating without a dedicated in-house legal counsel. “We are thrilled to be welcoming Dutch back to Newmeyer Dillion. He brings a wealth of litigation experience and has served as a trusted advisor to companies facing myriad complex legal disputes,” said the firm’s Managing Partner, Paul Tetzloff. “His experience as in-house counsel will greatly complement Newmeyer Dillion’s business-first mindset when it comes to providing legal counsel to our clients. He is an invaluable asset to the team.” Prior to rejoining Newmeyer Dillion, Schotemeyer was Vice President and Associate General Counsel for William Lyon Homes, Inc. and Vice President and Deputy General Counsel for Taylor Morrison. His experience as a corporate attorney has strengthened his ability to work with in-house counsel and serve as a relationship attorney that assists clients in managing legal needs by building the right team of legal specialists. Read the court decision
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Reprinted courtesy of Louis "Dutch" Schotemeyer, Newmeyer Dillion
Mr. Schotemeyer may be contacted at dutch.schotemeyer@ndlf.com

Milwaukee's 25-Story Ascent Stacks Up as Tall Timber Role Model

January 25, 2021 — Nadine M. Post - Engineering News-Record
In January 2019, Preston Cole left his post as Commissioner of the Milwaukee Dept. of Neighborhood Services and became Secretary of Wisconsin’s Dept. of Natural Resources. It was a step up for the 25-year veteran of public service—a forester by profession—who as the city’s top building official had reformed DNS by fostering a developer-friendly environment. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
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Phillips & Jordan Awarded $176M Everglades Restoration Contract

March 01, 2021 — Thomas F. Armistead - Engineering News-Record
Construction of the next major project for the Everglades Agricultural Area Reservoir south of Lake Okeechobee is set to begin in April following the South Florida Water Management District's award of a $175.8-million lump-sum contract to Phillips and Jordan Inc. Reprinted courtesy of Thomas F. Armistead, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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COVID-19 Response: California Occupational Safety and Health Standards Board Implements Sweeping New Regulations to Prevent COVID-19 in the Workplace

December 14, 2020 — Peter Shapiro, Drake Mirsch & Jade McKenzie - Lewis Brisbois
On November 19, 2020, the California Occupational Safety and Health Standards Board (OSHSB) proposed sweeping and significant new emergency standards to reduce employee exposure to COVID-19. These standards have been accepted by the Office of Administrative Law and are effective as of November 30, 2020. Accordingly, it is critical that employers familiarize themselves with these new requirements and begin to implement these standards as quickly as possible. The standards include COVID-19 prevention in the workplace, multiple COVID-19 infections and outbreaks in the workplace, “major” COVID-19 outbreaks in the workplace, prevention in employer provided housing, and prevention in employer-provided transportation to and from work. They apply to all California employers and places of employment, except places with one employee who does not have contact with others, employees working from home, or employees in specified health care facilities, services or operations when covered by section 5199. COVID-19 Prevention Program Employers are required to establish, implement, and maintain an “effective” written COVID-19 Prevention Program. Under the Program, an employer is responsible for developing a system for communicating about COVID-19, identifying and evaluating COVID-19 hazards, investigating and responding to COVID-19 cases, correcting COVID-19 hazards, providing training and instructions to employees regarding COVID-19, ensuring all employees are physically distanced, providing face coverings, implementing policies regarding personal protective equipment and recordkeeping, ensuring COVID-19 cases are excluded from the workplace, and prohibiting symptomatic employees from returning to work unless certain requirements are met. Reprinted courtesy of Peter Shapiro, Lewis Brisbois, Drake Mirsch, Lewis Brisbois and Jade McKenzie, Lewis Brisbois Mr. Shapiro may be contacted at Peter.Shapiro@lewisbrisbois.com Mr. Mirsch may be contacted at Drake.Mirsch@lewisbrisbois.com Ms. McKenzie may be contacted at Jade.Mckenzie@lewisbrisbois.com Read the court decision
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Arbitration Denied: Third Appellate District Holds Arbitration Clause Procedurally and Substantively Unconscionable

February 15, 2021 — Stephen M. Tye & Lawrence S. Zucker II - Haight Brown & Bonesteel
In Cabatit v Sunnova Energy Corporation, the Third Appellate District held that an arbitration clause in a solar power lease agreement was unenforceable because it was procedurally and substantively unconscionable. In Cabatit, Mr. and Ms. Cabitat entered into a solar power lease agreement (the “Agreement”) with Sunnova Energy Corporation (“Sunnova”). Ms. Cabitat, who signed the agreement, speaks English but does not understand complicated or technical terms. The salesperson scrolled through the agreement language and Ms. Cabatit initialed where the salesperson indicated, even though she did not understand most of what he was saying. The salesperson did not explain anything about the arbitration clause nor did he provide Ms. Cabatit with a copy of the Agreement. Reprinted courtesy of Stephen M. Tye, Haight Brown & Bonesteel and Lawrence S. Zucker II, Haight Brown & Bonesteel Mr. Tye may be contacted at stye@hbblaw.com Mr. Zucker may be contacted at lzucker@hbblaw.com Read the court decision
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DAVIE FLORIDA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES