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HTMLTidwell Enterprises, Inc. v. Financial Pacific Ins. Co., Inc. (3rd Dist. Ct. App. 2016) ---Cal. App. 4th ---, 2016 DJDAR 11743
McCormick Barstow Sheppard Wayte Carruth LLP;
Legal Alert/Article
March 24, 2017, previously published on January 23, 2017
Tidwell Enterprises, Inc. was involved in the installation of a fireplace during the construction of a new home. The construction contract called for the fabrication and installation of a custom "termination top" designed by the project architect. Tidwell was insured by Financial Pacific...

 

HTMLNavigators Specialty Ins. Co. v. Moorefield Construction, Inc. (4th Dist. Ct. App. 2016) ---Cal. App. 4th ---, 2016 DJDAR 12685
McCormick Barstow Sheppard Wayte Carruth LLP;
Legal Alert/Article
March 24, 2017, previously published on January 23, 2017
DBO Development developed a shopping center project and hired Moorefield to act as the general contractor. The project included a space to be used as a Best Buy store. Under the contract between DBO and Moorefield, the Best Buy building was to be completed by a certain date and a failure to...

 

HTMLAdvent, Inc. v. National Union Fire Ins. Co. (6th Dist. Ct. App.2016) ---Cal. App. 4th ---, 2016 DJDAR 12038
McCormick Barstow Sheppard Wayte Carruth LLP;
Legal Alert/Article
March 24, 2017, previously published on January 23, 2017
Advent, Inc. was hired by Global and Aspen to be the general contractor on a project. Advent subcontracted with Pacific, which in turn subcontracted with Johnson to furnish and install shotcrete for perimeter walls. The Advent/Pacific subcontract required Pacific to obtain general liability...

 

HTMLOFCC Adopts Changes to Best Value Selection Process
William S. McCoy; McDonald Hopkins LLC;
Legal Alert/Article
March 24, 2017, previously published on January 13, 2017
The Ohio Facilities Construction Commission (OFCC) today completed its review of Ohio Administrative Code provisions for state public improvements-a process it undertakes every five years.

 

Adobe PDFA Primer on Liability for Plumbing Professionals: Part 3: Defenses, Limitations on Damages, and Mechanic’s Liens
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 22, 2017, previously published by Plumbing Systems & Design on January/February 2006
In this final article of the series, we turn our attention to a number of defenses that a plumbing professional could employ if he is named as a defendant in a lawsuit. I’ll conclude the discussion with a few words about mechanic’s liens.

 

Adobe PDFA Primer on Liability for Plumbing Professionals: Part 2: Tort Claims and Damages
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 22, 2017, previously published by Plumbing Systems & Design on July/August 2005
The late Dean Prosser, one of the most widely recognized tort law scholars, wrote, “[A] really satisfactory definition of a tort is yet to be found - Broadly speaking, a tort is a civil wrong, other than breach of contract, for which the court will provide a remedy in the form of an action...

 

Adobe PDFA Primer on Liability for Plumbing Professionals: Part 1: Contract Claims, Equitable Claims, and Damages
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 22, 2017, previously published by Plumbing Systems & Design on March/April 2005
To make educated decisions regarding business disputes, plumbing professionals (who in all likelihood did not go to law school) must understand the types of claims, damages, and defenses that might arise. That is the purpose of this three-part series: to provide you with an overview of the legal...

 

Adobe PDFUnderstanding Electronic Discovery in Civil Litigation
Steven Nudelman; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
March 22, 2017, previously published by Plumbing Systems & Design on November/December 2003
One of the largest sources of electronic evidence is e-mail, which presents its own set of peculiar problems.

 

HTMLThe Act 142 Amendments and Altered Landscape of the Pennsylvania Mechanics’ Lien Law for Oil and Gas Construction Projects
Esther S. Mignanelli, David E. White; Babst Calland;
Legal Alert/Article
March 22, 2017, previously published on March 10, 2017
The Pennsylvania Mechanics’ Lien Law, 49 P.S. § 1101 et seq, provides contractors a powerful legal remedy for recovering payment owed for work performed on a construction project; they can impose a lien against the property on which their work was performed, clouding the owner’s...

 

HTMLB.C.'s New Civil Resolution Tribunal Orders Special Levy to Fund Repairs to Strata Property
Krista M. Johanson; Borden Ladner Gervais LLP;
Legal Alert/Article
March 21, 2017, previously published on February 1, 2017
In its first significant decision, BC's new Civil Resolution Tribunal ("CRT") has ordered a strata corporation to raise a special levy to perform repairs at the urging of a single strata owner. This decision indicates that the CRT, which is the new, mandatory dispute resolution venue for...

 


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