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DIRECTORY AND CAPABILITIES

Newark Trial Team Defends “No Cause” With Appellate Affirmance Of 2023 Jury Verdict

April 01, 2025 — Lewis Brisbois Newsroom
Newark, N.J. (March 17, 2025) - A day after securing a favorable defense verdict -- the Newark Trial Team of Partners Afsha Noran and Colin Hackett received an appellate court affirmance of a “no cause” jury verdict obtained for a firm client in 2023. In this case, the plaintiff was an adult woman who alleged that she suffered life-altering injuries as a result of slipping and falling at the client's place of business in 2018. Specifically, the plaintiff alleged that the client was negligent when it allowed puddles of water to accumulate in the property's interior lobby area, which she had to traverse. The plaintiff further contended that as a result of the incident, her preexisting lumbar and cervical conditions not only returned, but worsened to the point that she became immobile and required the use of a wheelchair and walker to move. She asserted a significant demand in the six-figure range, which remained in place at the time of trial. After 35 minutes of deliberations, the seven-member jury returned a unanimous "no cause" verdict in favor of Lewis Brisbois' client. In doing so, the jury determined that the plaintiff failed to establish that the defendant was negligent with regard to the plaintiff’s fall. Read the full story...
Reprinted courtesy of Lewis Brisbois

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Deadline Nears for “Green Performance Bond” Implementation

December 03, 2024 — Christopher G. Hill - Construction Law Musings
For this weeks Guest Post Friday at Musings, we welcome Surety Bonds.com, a leading online surety provider. SuretyBonds.com specializes in educating current and prospective business owners about local surety requirements. To keep up with surety bond trends, follow and Surety Bonds Insider blog and @suretybond on Twitter. Professionals who work in the construction industry know the laws that regulate the market change constantly. Unfortunately, even government agencies are flawed, which means they sometimes establish nonsensical, arbitrary regulations that leave construction professionals even more confused as to how they’re expected to do their jobs. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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Higgins, Hopkins, McLain & Roswell, LLC Announces Leadership Changes and New Vision for Growth

January 21, 2025 — David McLain - Higgins, Hopkins, McLain & Roswell, LLC
Higgins, Hopkins, McLain & Roswell, LLC (“HHMR”) is excited to announce several significant developments as the firm transitions into an exciting new chapter of growth and innovation. Sheri Roswell, one of the firm’s founding members, is stepping out of ownership to serve as “Of Counsel,” continuing her vital work with clients and strengthening relationships that have been the cornerstone of HHMR’s success. Her tireless contributions since the firm’s inception have helped establish HHMR as a leader in Colorado’s construction law landscape. “Sheri has been a pillar of HHMR since day one. Her commitment to our clients and her unwavering dedication to the firm’s success have left an indelible mark. We are excited for her to continue contributing her expertise and leadership in this new capacity,” said David McLain at the firm’s recent holiday celebration. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

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How Not to Frustrate an Arbitrator: Common Mistakes Attorneys Should Avoid in Arbitration

April 22, 2025 — Patricia H. Thompson & Hon. Nancy Holtz (Ret.) - The Dispute Resolver
A recent federal court ruling held that an arbitration award would be enforced under the facts of that case, regardless of whether the parties considered the award “good, bad or ugly.” See RSM Production Corp. v. Gaz du Cameroun, S.A., 117 F.4th 707, 714 (5th Cir. 2024). As explained below, we suggest that “good, bad or ugly” can describe other aspects of arbitration. In our combined 20-plus years of experience as arbitrators, we have been surprised and frustrated when “good” construction advocates engage in counterproductive conduct that may accurately be described as bad or even ugly. Optimistically, we offer the following suggestions to improve counsel’s performance in arbitration. Mind your ABCs. Always be credible. An arbitrator’s ability to rule on an issue depends, in part, on the credibility of the parties' communication of evidence and law. From initial filings to the last argument, attorneys must maintain consistent credibility. Reprinted courtesy of Patricia H. Thompson, JAMS and Hon. Nancy Holtz (Ret.), JAMS Read the full story...

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“You Can’t Climb a Tile Wall”

February 03, 2025 — Daniel Lund III - Lexology
… or, in certain circumstances, walk on a tile floor. A Louisiana appellate court reversed a trial court’s summary judgment in favor of a project architect in a case involving liability for a slip-and-fall incident at a pool area and a casino in Lake Charles, Louisiana. The plaintiff alleged that travertine tile on which she slipped was unsuitable for wet areas, thus failing to meet the necessary safety standards. The architect – the professional of record for the original design of the casino – attempted to deflect responsibility by arguing that a landscape architect which specified the travertine was an independent contractor and thus solely liable for any issues related to the tile. Ultimately, however, the court held that the absence of a contract between the architect and landscape architect left unresolved questions about the nature of their relationship and the degree of control the former exercised over the work of the latter. Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

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The Federal Freeze Playbook: Key Steps for Government Contractors Amid a Potential Federal Funding Freeze

February 19, 2025 — Abby Bello Salinas & Michael A. Branca - Peckar & Abramson, P.C.
This Alert will provide an overview of the current status of the Federal Funding Freeze and five key steps that can be taken in preparation for what may come. Current Status of the Federal Freeze The memorandum issued by the Office of Management and Budget (“OMB”) on January 27 required all federal agencies to “temporarily pause all activities related to obligation or disbursement of all Federal financial assistance, and other relevant agency activities that may be implicated by the [President’s] executive orders,” and to submit information regarding their federal financial assistance programs to OMB before February 10. Very quickly, the memorandum was enjoined by a federal court, rescinded, and then put back in flux by a tweet from the President’s press secretary claiming that the rescission did not stop the freeze. As expected, a legal battle is underway, with a judge extending the injunction on February 3 despite the Trump Justice Department’s arguments that the federal court had no authority to intervene after OMB rescinded its January 27 memorandum. Reprinted courtesy of Abby Bello Salinas, Peckar & Abramson, P.C. and Michael A. Branca, Peckar & Abramson, P.C. Ms. Salinas may be contacted at asalinas@pecklaw.com Mr. Branca may be contacted at mbranca@pecklaw.com Read the full story...

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Top 10 Take-Aways from the 2025 Mid-Winter Meeting in Tampa

February 12, 2025 — Marissa L. Downs - The Dispute Resolver
The ABA Forum on Construction Law convened last week in Tampa, Florida for its Mid-Winter Meeting. This year's program was focused on owners and developers. Kudos to Jessica Courtway, Joel Heard, Keith Bergeron, and Tom Dunn for putting together an insightful slate of plenaries and activities. While it would be impossible to sum up everything I learned, below are my top 10 take-aways. 10. Dispute Review Boards are not just for public infrastructure projects. Usually comprised of a mix of 1-3 industry professionals, a Dispute Review Board ("DRB") can be implemented at the inception of construction projects to help quickly resolve disputes or, better yet, avoid them entirely. DRBs have been steadily gaining in popularity since their inception in the late 1970s. While used widely on large, publicly funded infrastructure projects, DRBs have yet to be fully embraced by the private sector. I moderated a panel comprised of Bill Franczek and Deb Mastin about the value DRBs can bring to complex, time-critical projects. At least one case study done by the Florida Department of Transportation suggests that the incidence of both time and cost overruns on projects that used a DRB were significantly less compared to projects that did not. While owners will need to build in a budget for the DRB members' fees, that expense is a small fraction of the total project cost and (much like the cost of a good insurance program) pale in comparison to the litigation costs which they could help avoid. And, since DRBs ensure contractors will have access to a dispute resolution process that is less owner-biased than the default situation (where the architect or government official serves as initial decision maker) some contractors have even expressed a willingness to lower their bid where an owner is willing to adopt a DRB for their project. Read the full story...
Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP
Ms. Downs may be contacted at mdowns@lauriebrennan.com

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Immigrants' Legal Status Eyed Over Roles in New York Fake Injury Lawsuits

January 07, 2025 — Richard Korman - Engineering News-Record
Edison Fernando Pesantez Ramon says that early on the morning of Sept. 29, 2021, while working on a building renovation project on 96th Street in Manhattan, he tripped and fell badly on a staircase. Read the full story...
Reprinted courtesy of Richard Korman, ENR
Mr. Korman may be contacted at kormanr@enr.com

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