ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Illinois Court of Appeals Addresses Waiver and Estoppel in Context of Suit Limitation Provision in Property Policy

February 05, 2024 — James M. Eastham - Traub Lieberman
In Naperville Hotel Partners, LLC v. Liberty Mut. Fire Ins. Co., 2023 IL App (3d) 220440-U the Illinois Third District Court of Appeals addressed whether failure to include reference to a limitations provision in reservation of rights correspondence to an insured can be deemed a waiver of the provision or otherwise estop the insurer from relying on the provision. The claim involved water damage sustained at the Insured’s motel as a result of numerous rain events that occurred between 2015 and 2020. Liberty Mutual issued an insurance policy that covered several buildings including the subject hotel. The policy required that any legal action based on the coverage had to be brought "within two (2) years after the date on which the physical damage occurred, extended by the number of days between the date you submitted the statement of loss to us and the date we deny the claim in whole or in part." Plaintiffs filed their claim with Liberty Mutual in May 2019. In June of 2019 Liberty Mutual sent a reservation of rights letter to the Insured which requested more information and listed the "immediate written notice of loss" provision as a potential basis for excluding coverage but did not list the two-year time-limitation on legal action. Liberty Mutual also did not mention the provision in subsequent communications with the Insured. Read the full story...
Reprinted courtesy of James M. Eastham, Traub Lieberman
Mr. Eastham may be contacted at jeastham@tlsslaw.com

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Risky Business: Contractual Versus Equitable Rights of Subrogation

December 16, 2023 — Kyle Rice - The Subrogation Strategist
In Zurich Am. Ins. Co. v. Infrastructure Eng’g. Inc., 2023 Ill. App. LEXIS 383, the insurer, Zurich American Insurance Company (Insurer) proceeded as subrogee of Community College District No. 508 d/b/a City Colleges of Chicago and CMO, a Joint Venture. The Appellate Court of Illinois, First District (Appellate Court) addressed whether Insurer – who issued a builder’s risk policy to insure a building during construction – could subrogate on behalf of the building owner, City Colleges of Chicago (City Colleges), who was part of the joint venture and an additional named insured, but who had not been directly paid for the underlying loss. The Appellate Court determined that the policy language established that the carrier was contractually permitted to subrogate on behalf of all additional named insureds on the policy, including the building owner. Read the full story...
Reprinted courtesy of Kyle Rice, White and Williams
Mr. Rice may be contacted at ricek@whiteandwilliams.com

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Lewis Brisbois Ranked Tier 1 Nationally for Insurance Law, Mass Tort/Class Actions Defense, Labor & Employment Litigation, and Environmental Law in 2024 Best Law Firms®

November 06, 2023 — Lewis Brisbois
(November 2, 2023) - Lewis Brisbois has been ranked Tier 1 nationally by Best Lawyers for ‘Insurance Law,’ ‘Mass Tort Litigation / Class Actions – Defendants,’ ‘Litigation - Labor and Employment,’ and ‘Environmental Law,’ as well as ranking Tier 1 in an array of practice areas across 25 metro regions in its 2024 edition of Best Law Firms®. In addition to Lewis Brisbois' national ranking, the firm was also ranked Tier 1 in the following regional categories: Akron

• Commercial Litigation
• Corporate Law
• Mergers & Acquisitions Law
• Tax Law
• Trusts & Estates Law

Read the full story...
Reprinted courtesy of Lewis Brisbois

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The Three L’s of Real Estate Have New, Urgent Meaning

April 15, 2024 — Mark Gongloff - Bloomberg
What will it take to make Americans stop rushing headlong into climate peril? Cheaper housing in safer places, for one thing. But maybe big red flags on property listings will help, too. Redfin Corp., the digital real estate company, last week added air-quality data to its listings as part of its “climate risks” feature, which aims to warn homebuyers of the chances their dream home could succumb to a global-warming nightmare. Using data from the climate research firm First Street Foundation, Redfin estimates a property’s current and predicted risk levels for flooding, wildfires, extreme heat, high winds — and now days when the Environmental Protection Agency’s Air Quality Index tops 100, a category known as “unhealthy for sensitive groups.” Read the full story...
Reprinted courtesy of Mark Gongloff, Bloomberg

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Congratulations to Haight Attorneys Selected to the 2024 Southern California Super Lawyers List

January 29, 2024 — Haight Brown & Bonesteel LLP
Haight attorneys have been selected to the 2024 Southern California Super Lawyers list. Congratulations to:

• Bruce Cleeland
• Peter A. Dubrawski
• Angela S. Haskins
• Gary L. LaHendro
• Denis J. Moriarty
• Jennifer K. Saunders

Read the full story...
Reprinted courtesy of Haight Brown & Bonesteel LLP

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Top 10 OSHA Violations For The Construction Industry In 2023

February 26, 2024 — Dominic Donato & Jeff Miragliotta - Kahana Feld
Every year, the Occupational Safety and Health Administration (OSHA) publishes their top violations in the construction industry. And typically, the most common violations are consistent year after year. What separates 2023 is the number of citations involving Fall Protection, Scaffolding, Ladders, and the failure to use personal protective equipment (PPE) or other life safety equipment (LSE). The following is the list of the Top Ten OSHA violations for 2023: (10) Toxic and Hazardous Substances. There were 382 citations issued for “hazardous communication” and improper warnings issued to construction employees. (9) Excavations. There were 395 citations issued for failure to provide proper and specific excavation requirements and instructions. (8) Scaffolding – Aerial Lifts. There were 481 citations issued for improper lifting equipment and supports for building scaffolding. Reprinted courtesy of Dominic Donato, Kahana Feld and Jeff Miragliotta, Kahana Feld Mr. Donato may be contacted at ddonato@kahanafeld.com Mr. Miragliotta may be contacted at jmiragliotta@kahanafeld.com Read the full story...

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Project Completion Determines Mechanics Lien Recording Deadline

April 08, 2024 — William L. Porter - Porter Law Group
The California mechanics lien is one of the most powerful collection remedies available to contractors, subcontractors and suppliers who are unpaid for work performed and materials supplied in relation to a California private works construction project. The mechanics lien allows the claimant to actually sell the property where the work was carried out in order to obtain payment, entirely of course, against the wishes of the property owner. There are a number of important steps to follow and timelines to be met in order to pursue this remedy. First, Understand Your Preliminary Notice Deadline Working within deadlines is absolutely crucial to preserving mechanics lien rights under California law. The deadlines differ, depending on whether you are a “direct” contractor, also known as “original” or “prime” contractor (one who contracts directly with the property owner) or a subcontractor or material supplier. The process begins with the serving of a “preliminary notice” no later than 20 days after the party serving the preliminary notice begins supplying labor or materials to the project. Direct contractors are only required to serve the preliminary notice on the construction lender (Civil Code section 8200-8216), whereas subcontractors and material suppliers must serve not only the construction lender, but also the owner and direct contractor (see Civil Code section 8200(e)). Read the full story...
Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

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Contractors Battle Bitter Winters at $11.8B Site C Hydro Project in Canada

October 30, 2023 — Jonathan Keller & Scott Blair - Engineering News-Record
Half the year spent in bone-aching cold. Soils frozen hard as concrete. Mountains of snow. A seemingly unending flow of machinery, workforce and earthen material to and from the site. A temporary city to house thousands of workers for nearly a decade. Wildfires encroaching dangerously close. Working under the ever-watchful eyes of regulators, stakeholders and environmentalists. Reprinted courtesy of Jonathan Keller, Engineering News-Record and Scott Blair, Engineering News-Record Mr. Keller may be contacted at kellerj@enr.com Mr. Blair may be contacted at blairs@enr.com Read the full story...

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