Anaheim California Construction Expert Witness Directory

Real Estate & Construction News Roundup (3/6/24) – Steep Drop in Commercial Real Estate Investment, Autonomous Robots Being Developed for Construction Projects, and Treasury Department Proposes Regulation for Real Estate Professionals

April 08, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, major league sports franchises turn to real estate to increase their value, the Associated Builders and Contractors releases a guide on artificial intelligence, New York City helps landlords convert empty office space into housing, and more!

The Treasury Department proposed a regulation that would require real estate professionals to report information to the agency about all-cash sales of residential real estate to legal entities, trusts and shell companies. (Fatima Hussein, AP)
For decades, major league teams depended on ticket sales, concessions and TV deals to generate revenue, but team owners in recent years have turned to real estate development to bring in extra cash and drive up the values of their franchises. (Nathaniel Meyersohn, CNN)
The U.S. commercial real estate market saw a steep drop in investment last year, with the market plummeting by more than 50% to the lowest level since 2012 and CBRE noting a 91% year-over-year drop in direct real estate company investments. (Yuheng Zhan, Business Insider)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

NTSB Faults Maintenance, Inspection Oversight for Fern Hollow Bridge Collapse

March 19, 2024 — Jim Parsons - Engineering News-Record
The City of Pittsburgh’s failure to act for more than a decade on repeated maintenance and repair recommendations regarding the Fern Hollow Bridge was the probable cause for the structure’s dramatic 2022 collapse, the National Transportation Safety Board (NTSB) said at its Feb. 21, 2024, meeting. The city is the owner of the bridge. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story...

Partner John Toohey and Senior Associate Sammy Daboussi Obtain a Complete Defense Verdict for Their Contractor Client!

December 11, 2023 — Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is excited to share that Newport Beach attorneys John Toohey and Sammy Daboussi obtained a complete defense verdict after years-long litigation in favor of their concrete contractor client. This lawsuit arises from a claim made by Plaintiff for construction defects in a high-end single-family home. Our client was hired to perform concrete work on the foundations of the home. It was alleged that the home’s foundation was incorrectly built. It was further alleged that the construction defects/errors led to delays and substantial expenses. We argued that our client relied on the certifications provided to them by design professionals and the City. We further argued that our client, like any reasonable concrete/foundation subcontractor, has no responsibility or obligation, contractual or otherwise, to review and recheck the work completed by a licensed professional. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

Michael Baker Intl. Settles Federal Pay Bias Allegations

February 26, 2024 — James Leggate - Engineering News-Record
Michael Baker International Inc. agreed to pay $122,299 in back wages as part of an agreement with the U.S. Dept. of Labor to resolve allegations that the engineer-consultant paid women in four job titles less than their male counterparts. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story...

New York Revises Retainage Requirements for Private Construction Contracts: Overview of the “5% Retainage Law”

January 22, 2024 — Levi W. Barrett, Patrick T. Murray, Skyler L. Santomartino & Mark A. Snyder - Peckar & Abramson, P.C.
On November 17, 2023, the State of New York enacted the “5% Retainage Law.” This legislation effectively limits the amount of retainage that can be held from general contractors and subcontractors to no more than 5%. It applies to many but not all construction contracts. In addition, the new law revises late stage billing requirements, enabling contractors to invoice for retainage at substantial completion. Previously, the parties to a construction contract were free to negotiate any retainage amount, limited only by an unspecified “reasonable amount” that would be released as the parties contractually set forth. Summary The new law amends Sections 756-a and 756-c of the General Business Law (part of Article 35E of the GBL, known as the “Prompt Pay Act”), and applies to private construction contracts “where the aggregate cost of the construction project, including all labor, services, materials and equipment to be furnished, equals or exceeds one hundred fifty thousand dollars.” Reprinted courtesy of Levi W. Barrett, Peckar & Abramson, P.C., Patrick T. Murray, Peckar & Abramson, P.C., Skyler L. Santomartino, Peckar & Abramson, P.C. and Mark A. Snyder, Peckar & Abramson, P.C. Mr. Barrett may be contacted at lbarrett@pecklaw.com Mr. Murray may be contacted at pmurray@pecklaw.com Mr. Santomartino may be contacted at ssantomartino@pecklaw.com Mr. Snyder may be contacted at msnyder@pecklaw.com Read the full story...

AI and the Optimization of Construction Projects

February 19, 2024 — Rahul Shah - Construction Executive
Seeking answers on how to construct smarter and greener buildings or improve water efficiency in homes and offices, those who create our buildings and construction projects are entering a new era of learning as they turn their attention to the benefits of artificial intelligence. While human involvement will continue to be paramount, AI has the potential to assist in creating informed decisions, for example by suggesting sustainable, durable materials or cost-effective, but still safe, practices. The possible applications of AI for the construction industry could be transformative across design, procurement, construction, operation and decommissioning. In fact, research suggests designers and contractors are already applying AI and machine learning to manage the volumes of data involved in the design of buildings, the planning of construction projects and the day-to-day operations of sites. Reprinted courtesy of Rahul Shah, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

What a Difference a Day Makes: Mississippi’s Discovery Rule

November 16, 2023 — William L. Doerler - The Subrogation Strategist
The discovery rule applies to latent injuries, such that the statute of limitations does not begin to run until the plaintiff knows of or should have known of the injury. In Western World Ins. Group v. KC Welding, LLC, No. 2022-CA-00527-SCT, 2023 Miss. LEXIS 278 (KC Welding), a majority of the justices on the Supreme Court of Mississippi (Supreme Court) affirmed the trial court’s ruling that Western World Insurance Group (Insurer) filed its lawsuit one day late. Thus, the statute of limitations barred Insurer’s lawsuit. In KC Welding, on July 12, 2018, KC Welding, LLC (KC Welding) sent an employee to Sunbelt Shavings, LLC (Sunbelt) to repair the door of a box containing wood chips. Sunbelt’s employees discovered that KC Welding employees were welding a storage bin that had not been emptied of wood chips and Sunbelt’s employees asked KC Welding’s employees to leave. After that, Sunbelt’s employees attempted to soak the area with water. Later than night, a fire started on Sunbelt’s property, apparently as the result of smoldering wood shavings, a fire that was extinguished on July 13, 2018. Read the full story...
Reprinted courtesy of William L. Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

What If There Is a Design Error?

October 30, 2023 — Scott L. Baker - Los Angeles Litigation Blog
Many challenges can crop up when working on a construction project. Among these challenges, errors are the last thing that contractors or project owners want to face. Yet, they are not uncommon as you navigate the process. Design errors or mistakes are one such issue that can result in serious construction disputes and delays. It is important to determine who is liable when it comes to defects and design errors. So, who is responsible for design errors? Many might assume the architect – or the person who created the project design – is responsible for design errors. That is not necessarily true. Read the full story...
Reprinted courtesy of Scott L. Baker, Baker & Associates
Mr. Baker may be contacted at slb@bakerslaw.com

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