ROOFING MEMBRANE EXPERT WITNESS GRAYLING ALASKA ALASKA CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Wildfire Smoke Threatens to Wipe Out Decades of Air Pollution Progress

August 28, 2023 — Linda Poon & Immanual John Milton - Bloomberg
The US is on track to experience its worst year for smoke exposure in decades, after wildfires in Canada sent toxic plumes drifting across the border to the Midwest and the East Coast earlier this summer. In June and July, New York and Chicago saw more “very unhealthy” and “hazardous” air quality days for fine particle pollution (PM2.5) than in the same months every year since the Environmental Protection Agency began tracking PM2.5 nationally in 2000, a Bloomberg CityLab analysis of federal data found. In Washington, DC, the number of “very unhealthy” days reached the highest in over a decade. On the EPA’s air quality index scale, these days correspond with the highest levels of public health concern. Extensive exposure to PM2.5 particles, the main pollutant found in smoke, can increase the risk of a variety of problems, including heart and respiratory disease, as well as premature death. Reprinted courtesy of Linda Poon, Bloomberg and Immanual John Milton, Bloomberg Read the full story...

---

White and Williams recognized with Multiple Honorees in the Chambers 2023 USA Guide

June 26, 2023 — White and Williams LLP
Chambers has released their 2023 USA guide and ranked White and Williams as a leader among national law firms. The firm was recognized for recent achievements in Real Estate Finance and Insurance in Pennsylvania, and Construction in Maryland. “We are very pleased to have some of our most talented attorneys recognized again by Chambers”, said Andrew Susko, the Firm’s Managing Partner. In addition, to practice area recognition, nine lawyers were recognized and ranked highly in the 2023 Chambers USA guide from Connecticut, Pennsylvania, and Maryland. In Philadelphia, Timothy E. Davis, Partner and Chair of the Business Department, and Nancy Sabol Frantz, Chair of the Real Estate and Finance practice were recognized for their achievements in Real Estate: Finance; and, Stephen Coury, Connecticut Office Managing Partner, was ranked among the top Real Estate professionals in Connecticut. Read the full story...
Reprinted courtesy of White and Williams LLP

---

Traub Lieberman Senior Trial Counsel Timothy McNamara Wins Affirmation of Summary Judgment Denial

August 28, 2023 — Timothy G. McNamara - Traub Lieberman
In this appeal brought before the State of New York Appellate Division, Second Judicial Department, the court ruled in favor of Traub Lieberman’s client, a housing complex owner, affirming the denial of co-defendant landscaping company’s summary judgment motion seeking dismissal of the cross-claims asserted by the complex owner against the co-defendant. In the underlying case, the plaintiff was allegedly injured when she slipped and fell on ice on the exterior stairs of the housing complex where she lived. The complex owner had contracted with the co-defendant to provide snow removal services for the complex. The plaintiff commenced action against both the complex owner and the landscaping company to recover damages for personal injuries. The complex owner asserted cross-claims against the landscaping company for contribution, common-law indemnification, and contractual indemnification. The landscaping company sought summary judgment dismissing the complaint and all cross-claims asserted against it, but the branch of the motion seeking dismissal of the cross-claims was denied. In the appeal brought before the Appellate Division, the court ruled in favor of Traub Lieberman’s client, the complex owner, affirming the denial of summary judgment for the cross-claims. Read the full story...
Reprinted courtesy of Timothy G. McNamara, Traub Lieberman
Mr. McNamara may be contacted at tmcnamara@tlsslaw.com

---

New Florida Bill Shortens Time for Construction-Defect Lawsuits

September 06, 2023 — Jessica Zelitt - Construction Executive
On April 13, 2023, Florida Gov. Ron DeSantis signed Senate Bill 360 into law. This legislation alters the time period for bringing forward construction-defect lawsuits, as well as modifies the current private right of action against a contractor for violation of the Florida Building Code. First, SB 360 amends § 95.11(3)(c), Florida Statutes, to reduce the statute of repose from 10 years to seven years for actions founded on latent construction defects. The legislation also changes the manner in which this time period is calculated under both the seven-year statute of repose and the four-year statute of limitations for construction-defect cases. Under the prior statute, the time to commence an action began with the later of (i) the date of actual possession by the owner, (ii) the date of the issuance of a certificate of occupancy (CO), (iii) the date of abandonment of construction if not completed or (iv) the date of completion or termination of the contract. Reprinted courtesy of Jessica Zelitt, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
Ms. Zelitt may be contacted at jessica.zelitt@arlaw.com

---

Freight Train Carrying Hot Asphalt, Molten Sulfur Plunges Into Yellowstone River as Bridge Fails

July 10, 2023 — Associated Press - Engineering News-Record
Associated Press COLUMBUS, Mont. (AP) — A bridge that crosses the Yellowstone River in Montana collapsed early Saturday, plunging portions of a freight train carrying hazardous materials into the rushing water below. Reprinted courtesy of The Associated Press, Engineering News-Record Read the full story...

---

Seyfarth Shaw’s Construction Group Receives Top Tier Recognition from Legal 500

July 05, 2023 — Alison Ashford, Michael McKeeman, Bennett Greenberg, Meghan Douris, Jason Smith, Michael Wagner & Ryan Gilchrist - The Construction Seyfarth
Seyfarth Shaw’s Construction group have achieved a top tier ranking in the highly regarded Legal 500 United States 2023 edition, solidifying their reputation as one of the nation’s top legal teams. This recognition reaffirms Seyfarth’s unwavering commitment to excellence in Real Estate Construction and Construction Litigation. The Legal 500 United States guide recognizes Seyfarth’s Construction practice as having a “very deep team with extensive construction knowledge as well as experts in related fields such as government contracting and business organization.” Our team is regarded by clients and peers as “collegial, intelligent, direct and adaptable.” The guide specifically recognizes the firm’s former Construction group chair, Bennett Greenberg, in their Hall of Fame. Alison Ashford, the firm’s current Construction group co-chair, is named a Leading Lawyer and Washington, DC Associate, Michael Wagner, made the Rising Stars list. Other notable mentions include, Michael McKeeman, Construction group co-chair, Jason Smith, Meghan Douris, and Ryan Gilchrist. Reprinted courtesy of Alison Ashford, Seyfarth, Michael McKeeman, Seyfarth, Bennett Greenberg, Seyfarth, Meghan Douris, Seyfarth, Jason Smith, Seyfarth, Michael Wagner, Seyfarth and Ryan Gilchrist, Seyfarth Ms. Ashford may be contacted at aashford@seyfarth.com Mr. McKeeman may be contacted at mmckeeman@seyfarth.com Mr. Greenberg may be contacted at bgreenberg@seyfarth.com Ms. Douris may be contacted at mdouris@seyfarth.com Mr. Smith may be contacted at jnsmith@seyfarth.com Mr. Wagner may be contacted at mewagner@seyfarth.com Mr. Gilchrist may be contacted at rgilchrist@seyfarth.com Read the full story...

---

Construction Litigation Roundup: “Tender Is the Fight”

August 21, 2023 — Daniel Lund III - Lexology
A performance bond surety for a defaulted general contractor principal found itself with a recalcitrant owner which refused to accept the tender of a replacement general contractor to complete a $3,000,000 construction project in Monmouth County, New Jersey. Even before the original GC was off the job, the surety – having been notified of the contractor’s difficulties in performing the work – stepped in promptly, providing assistance in the form of an additional contractor. At the surety’s behest, that additional contractor remained on the project (focused principally at the time on roof repairs) after the initial GC was placed in default and terminated. Eventually, the surety, by draft tender agreement issued to the owner, offered that the additional contractor serve as the completion contractor for the entire project (not simply the roof repairs), a proposal rejected by the owner – which had never cared for the additional contractor. Instead, the owner proposed its own completion contractor and, in connection with that offer, demanded a sum of money ($1.6 million) from the surety – a proposal the surety rejected: “[Owner] cannot choose whatever contractor it wants to complete the work and then charge the costs to [the surety]." Read the full story...
Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

---

Insurer Springs a Leak in Its Pursuit of Subrogation

August 21, 2023 — Katherine Dempsey - The Subrogation Strategist
In Nationwide Prop & Cas. Ins. Co. v. Fireline Corp., No. 1:20-cv-00684, 2023 U.S. Dist. LEXIS 104241, the United States District Court for the District of Maryland (District Court) considered whether the events giving rise to the plaintiff’s claims fell within the scope of a previously formed agreement, thereby rendering the plaintiff’s claims subject to the agreement’s time limitation and waiver of subrogation provisions. The District Court found that the claims fell within the scope of the agreement. The plaintiff, Nationwide Property & Casualty Insurance Company (Insurer), provided property insurance to Maple Lawn Homeowners Association, Inc. (Maple Lawn) for common property located in Fulton, Maryland, including a community center (the Subject Premises). On January 18, 2018, Maple Lawn entered into an Inspection Agreement (the Agreement) with defendant, Fireline Corporation (Fireline), wherein Fireline agreed to provide:

• annual fire alarm inspection and testing services,
• quarterly sprinkler inspection and testing, and
• annual portable fire extinguisher testing and inspection.

Read the full story...
Reprinted courtesy of Katherine Dempsey, White and Williams LLP
Ms. Dempsey may be contacted at dempseyk@whiteandwilliams.com

---