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CONSTRUCTION DEFECT NEWS

Mandatory Attorneys’ Fee Award for Actions Brought Under the Underground Utility Damage Prevention Act

Thursday, September 22, 2016 — Lindsay K. Taft – Ahlers & Cressman PLLC

In Washington, RCW 19.122 (the Underground Utility Damage Prevention Act or “Call Before You Dig” statute) provides for the protection of underground utilities. The statute was recently updated in 2013 and provides that homeowners and contractors must call “811” to schedule a “utility locate” prior to commencing any excavation. Failure to do so can result in steep penalties, as well as a mandatory fee award for the prevailing party.

Reprinted courtesy of Lindsay K. Taft, Ahlers & Cressman PLLC

Ms. Taft may be contacted at ltaft@ac-lawyers.com

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California Supreme Court Upholds Precondemnation Procedures

Thursday, September 22, 2016 — Patrick J. Paul – Snell & Wilmer Real Estate Litigation Blog

On July 21, 2016, the California Supreme Court in Property Reserve v. Superior Court upheld the state’s precondemnation entry and testing statutes provided they were reformed to allow impacted property owners the ability to have a jury trial to determine damages associated with such entry and testing.

The California Department of Water Resources (DWR) sought to construct water conveyance facilities that would require significant property condemnation. As part of this process, DWR further sought to investigate the environmental and geological suitability of more than 150 private properties considered for the conveyance route.

Reprinted courtesy of Patrick J. Paul, Snell & Wilmer

Mr. Paul may be contacted at ppaul@swlaw.com

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House Panel Subpoenas VA Documents on Colorado Project

Thursday, September 22, 2016 — Tom Ichniowski - Engineering News-Record

The Dept. of Veterans Affairs has received a subpoena from the House Veterans Affairs Committee, asking for more information about the VA’s long-delayed, far over-budget hospital under construction in Aurora, Colo.

Reprinted courtesy of Tom Ichniowski, Engineering News-Record

Mr. Ichniowski may be contacted at ichniowskit@enr.com

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How to Evaluate Sustainability Innovations in Construction

September 22, 2016 — Aarni Heiskanen – AEC Business

I attended a doctoral dissertation defense at Aalto University in Otaniemi on Friday, September 15, 2016. The candidate, Juho-Kusti Kajander, M.Sc. (Econ.), presented his thesis on how construction industry companies can evaluate their sustainability innovations and the economic benefits of innovation investments.

Mr. Heiskanen may be contacted at aarni@aepartners.fi

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Additional Insured Clauses Need Care

September 22, 2016 — Richard Korman – Engineering News-Record

The recent decisions in Collick v. Weeks Marine Inc. and its sister lawsuit, Weeks Marine v. Evanston Insurance Co., provide two examples of how careful companies must be when agreeing to contracts that employ the commonly used “additional insured” provisions that have led to so much confusion and been the subject of no less than 30 different standard forms for added coverage—the most recent made in 2013—by the Insurance Services Office.

Mr. Korman may be contacted at kormanr@enr.com

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Lennar Agrees to Buy WCI Communities for About $643 Million

September 22, 2016 — Heather Perlberg – Bloomberg

Lennar Corp., the second biggest U.S. homebuilder, agreed to buy WCI Communities Inc. in a deal that values the Florida real estate company at about $643 million and expands Lennar’s operations in the state.

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Lorman Live Webinar: Common Issues and Complexities After a Construction Failure

September 22, 2016 — Beverley BevenFlorez-CDJ STAFF

Next month, Lorman will present a live webinar by faculty Cristopher S. Farrar and Charles W. Getman of the Cokinos, Bosein & Young firm. The seminar will cover Identification of Parties Involved, Identification of Issues, Safety Concerns, Project Analysis, Attorney/Expert Assistance, Documentation and Record Preservation, Contract Analysis, Insurance Policies, and Continued Prosecution of Work/Stop Work.

October 26th, 2016
1:00 – 2:30 pm EST
Live Webinar

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After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects

Thursday, September 22, 2016 — William L. Porter – Porter Law Group Bulletin

For almost the last sixty years, the standard for bidding on California construction projects has been governed by the landmark case of Drennan v. Star Paving (1958) 51 Cal.2d 409; which generally states that the contractor bidding to perform work for a project owner is entitled to rely on the bids of subcontractors in formulating its own bid to do the work. Under the equitable legal doctrine of “promissory estoppel”, which serves as the foundation of the Drennan case, even though there was no actual “contract” between the contractor and subcontractor at the time of bid, the contractor was entitled to enforce the subcontractor’s bid in reliance on this doctrine. For bidding purposes, promissory estoppel serves as an equitable substitute for an actual contract. The courts have, since that time, allowed promissory estoppel to act as a substitute for the contract in public bidding because, in equity, when a contractor “reasonably” relies on a subcontractor’s bid in formulating its own bid, it would be unjust to allow the subcontractor to withdraw a bid on which the contractor had relied in submitting its own successful bid.

Reprinted courtesy of William L. Porter, Porter Law Group

Mr. Porter may be contacted at bporter@porterlaw.com

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Determining Duty to Defend in Wisconsin Does Not Include Extrinsic Evidence

Thursday, September 22, 2016 — Tred R. Eyerly – Insurance Law Hawaii

The policyholder's attempt to extend the duty to defend analysis beyond the complaint's allegations and the four-corners of the policy failed before the Wisconsin Supreme Court. Water Well Solutions Service Group Inc. v. Consolidated Ins. Co., 2016 Wisc. LEXIS 163 (Wis. Sup. Ct. June 30, 2016).

Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii

Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Contractor’s Unwritten Contractual Claim Denied by Sovereign Immunity; Mandamus Does Not Help

Thursday, September 22, 2016 — David R. Cook Jr. – AHHC Construction Law Blog

In a very well-reasoned opinion, the Supreme Court of Georgia upheld the denial of a contractor’s unwritten-contract claim against a county based on sovereign immunity. Based on an alleged oral contract, Contractor built a sewer pumping station for the County in exchange for an interest in the station’s pumping capacity. When the County denied Contractor’s demand for an interest, he filed suit.

As noted in many prior posts, the Georgia constitution reaffirms sovereign immunity of the state – which the courts interpret to include counties. One common exception in the public works area is the Constitution’s “ex contractu clause,” which waives sovereign immunity for claims based on written contracts. Of course, a precondition to the waiver of sovereign immunity is the existence of a written contract – which Contractor did not have.

Applying these rules, the court affirmed the denial of Contractor’s claims based on contract and quasi contract. In the absence of a written contract, there can be no contractual claim against the County. The same rule applies for quasi-contractual claims.

Reprinted courtesy of David R. Cook, Autry, Hanrahan, Hall & Cook, LLP

Mr. Cook may be contacted at cook@ahclaw.com

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CONSTRUCTION DEFECT NEWS

Hartford Stadium Controversy Still Unresolved

Thursday, September 22, 2016 — Scott Van Voorhis - Engineering News-Record

The Hartford Yard Goats and the city of Hartford, Conn., say Arch Insurance—the surety for the dual developer/prime contractor of the minor-league baseball team’s new, unfinished stadium—has committed to helping complete the project now that the team and its developer have acrimoniously split.

Reprinted courtesy of Scott Van Voorhis, Engineering News-Record

ENR may be contacted at enr.com@bnpmedia.com

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Why You Should Consider “In House Counsel”

Thursday, September 22, 2016 — Christopher G. Hill – Construction Law Musings

We construction lawyers have occasionally taken it on the chin as one of the obstacles in the construction process. However, I have often argued what I believe to be true, that early consultation with a construction lawyer, before problems occur, is a great way for a construction company to avoid issues and to, yes, save money in the long run.

Reprinted courtesy of The Law Office of Christopher G. Hill, PC

Mr. Hill may be contacted at chrisghill@constructionlawva.com

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It’s a Bird, It’s a Plane . . . No, It’s a Drone. Long Awaited FAA Drone Regulations Finally Take Flight

Thursday, September 22, 2016 — Garret Murai – California Construction Law Blog

It’s a bird.

It’s a plane.

No, it’s a drone. Also known as an unmanned aerial vehicle (UAV) or unmanned aircraft (UA).

And, technically, they’ve been around a long time, since at least 1849 when the Australians attacked Italy with unmanned balloons loaded with explosives. Even a young Marilyn Monroe, when she was known simply as “Norma Jean,” worked at a company called Radioplane making unmanned aircrafts during World War II.

Since then, as technology has advanced, which, in turn, has made the cost of older technology go down, what was once old, is now new again. Drones are making regular appearances in the movies (think the Divergent Series: Allegiant). The paparazzi (who are apparently tired of getting punched in the face) are using them. And some day, perhaps very soon, they may just be delivering your packages (think Amazon Prime Air).

One of the earliest adopters of drones outside the military, however, has been the construction industry which has used drones to track the progress of construction projects and conduct site surveys such as this one showing the progress of Apple’s new campus in Cupertino[.]

Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP

Mr. Murai may be contacted at gmurai@wendel.com

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Tour of the Downtown Louisville Sky Rise Construction

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CONSTRUCTION DEFECT NEWS

Partners Patti Santelle and Gale White honored by as "Top Women in Law" The Legal Intelligencer

Thursday, September 22, 2016 — White and Williams LLP

Managing Partner Patti Santelle and Partner Gale White were among the 25 women recognized by The Legal Intelligencer as "Top Women In Law" for 2016. The honor shines a light on the outstanding work being done by female attorneys across Pennsylvania who are making strides to push the legal profession forward for women. Honorees were selected by The Legal, with the help of suggestions from the legal community.

Reprinted courtesy of White and Williams LLP
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Details Matter: The Importance of Strictly Following Public Bid Statutes

Thursday, September 22, 2016 — Wally Zimolong – Supplemental Conditions

Contractors bidding on public contracts know that failing to strictly following all of the technical aspects contained in the instructions to bidders can mean the difference between a winning and losing bid. In the span of two weeks, I was involved with two cases that underscored the importance of this axiom. Both cases involved New Jersey’s public bid laws. While these cases show the importance of following a specific section of New Jersey’s public bid statute, the take away – that details matter – is universal.

Reprinted courtesy of Wally Zimolong, Zimolong LLC

Mr. Zimolong may be contacted at wally@zimolonglaw.com

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Breach of a Construction Contract & An Equitable Remedy?

Thursday, September 22, 2016 — David Adelstein – Florida Construction Legal Updates

In payment or collection-type lawsuits, the party suing for money sometimes asserts a claim for unjust enrichment or quantum meruit as an alternative equitable remedy to a breach of contract claim. Frankly, sometimes a party will do this as a means to throw everything against the wall hoping something, just something, sticks. However, if there is a contract by and between the parties, equitable claims such as unjust enrichment or quantum meruit will invariably fail. They will fail because a party cannot circumvent a contract simply because their recourse may prove better under an equitable theory. It doesn’t work like that! And, it should not!

Reprinted courtesy of David M. Adelstein, Kirwin Norris

Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Insurer’s Optional Appeals Process Does Not Toll Statute of Limitations Following Unequivocal Written Denial

Thursday, September 22, 2016 — Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLP

In Vishva Dev, M.D., Inc. v. Blue Shield of Cal. (No. B270094, filed 8/31/16), a California appeals court confirmed that the unequivocal denial of a claim, in whole or in part, commences the running of the statute of limitations for suit on the claim, notwithstanding the insurer’s offer to reconsider on new or additional evidence.

Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP
Mr. Kendrick may be contacted at ckendrick@hbblaw.com
Ms. Moore may be contacted at vmoore@hbblaw.com



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Builders Standard of Care Expert Witness and Consulting General Contractor area area area

Builders Standard of Care Expert Witness and Consulting General Contractor area area area

Builders Standard of Care Expert Witness and Consulting General Contractor area area area

Builders Standard of Care Expert Witness and Consulting General Contractor area area area

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