Chuathbaluk Alaska Construction Expert Witness Directory

Florida's New Pre-Suit Notification Requirement: Retroactive or Prospective Application?

February 05, 2024 — Holly A. Rice - Saxe Doernberger & Vita, P.C.
Florida’s newly formed Sixth District Court of Appeal (“Sixth DCA”) recently certified conflict with Florida’s Fourth District Court of Appeal on the issue of retroactive application of the pre-suit notice requirement contained in Florida Statute §627.70152.1 Earlier this year, the Fourth District Court of Appeal (“Fourth DCA”) held that the pre-suit notice provision applies retroactively, meaning, it applies to all suits filed after July 1, 2021, regardless when the insurance policy was issued.2 The Sixth DCA, in Hughes v. Universal Property & Casualty Insurance Company,3 directly rejected the Fourth DCA’s interpretation and instead found a retroactive application of the pre-suit notice to be unconstitutional under Florida law. Prior to the Fourth DCA’s ruling, most trial courts had found no retroactive application for the pre-suit notice provision.4 In August 2021, shortly after Florida Statutes Section 627.70152 went into effect on July 1, 2021, Rebecca Hughes (“Hughes”) sued Universal Property & Casualty Insurance Company (“Universal Property”) for breach of contract after Universal Property denied her insurance claim. Hughes did not file a pre-suit notice under Section 627.70152. Universal Property moved to dismiss based on Hughes’ failure to file the pre-suit notice, arguing that the pre-suit notice requirement applies to all lawsuits filed after July 1, 2021, even if the claimant’s insurance policy was issued before the statute’s effective date. The trial court agreed with Universal Property and dismissed the lawsuit. Read the full story...
Reprinted courtesy of Holly A. Rice, Saxe Doernberger & Vita, P.C.
Ms. Rice may be contacted at HRice@sdvlaw.com

Real Estate & Construction News Roundup (1/10/24) – New Type of Nuclear Reactor, Big Money Surrounding Sports Stadiums, and Positivity from Fannie Mae’s Monthly Consumer Survey

February 05, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, the commercial real estate market poses a risk to financial stability, New York City moves towards net-zero building emissions, workers at several Los Angeles area hotels tentatively agree to a new contract, and more!

For the first time since Fannie Mae’s monthly consumer survey was launched in 2010, more homeowners overall believe rates will go down rather than up. (Diana Olick, CNBC)
According to U.S. regulators, the commercial real estate market is potentially a leading risk to financial stability in 2024, noting rising vacancy rates, declining values of office properties, high interest rates and the possibility of an economic slowdown. (Jim Tyson, CFO Dive)
New York City will soon begin penalizing owners of buildings that emit too much greenhouse gas — a move toward requiring net-zero building emissions by 2050. (Jennifer Kingson, Axios)

Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Super Lawyers Selects Haight Lawyers for Its 2024 Southern California Rising Stars List

February 05, 2024 — Haight Brown & Bonesteel LLP
Congratulations to the following Haight attorneys who were selected to the 2024 Southern California Rising Stars list:

Kyle DiNicola
Patrick McIntyre
Kathleen Moriarty
Kristian Moriarty
Austin Smith

Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. Read the full story...
Reprinted courtesy of Haight Brown & Bonesteel LLP

Jersey Shore Town Trying Not to Lose the Man vs. Nature Fight on its Eroded Beaches

February 26, 2024 — Associated Press - Bloomberg
NORTH WILDWOOD, N.J. (AP) — A New Jersey shore town locked in a legal battle with the state over tens of millions of dollars it has spent trying -- mostly in vain -- to hold back the ocean now is more vulnerable than ever. A recent winter storm destroyed part of the sand dunes in North Wildwood, leaving tiny piles about the size of a child’s sand castle to protect a popular resort town with $2.5 billion worth of private property, and at least that much in government buildings and infrastructure. New Jersey has fined the town $12 million for unauthorized beach repairs that it says could worsen erosion, while the city is suing to recoup the $30 million it has spent trucking sand to the site for over a decade. Read the full story...
Reprinted courtesy of Bloomberg

Insured Cannot Sue to Challenge Binding Appraisal Decision

December 16, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The court dismissed the insured condominium association's challenge to an appraisal award. The Courtyards at Prairie Fields Condominium Association v. West Band Mut. Ins. Co., 2023 U.S. Dist. LEXIS 169458 (N. D. Ill. Sept. 22, 2023). In July 2020, the insured filed a claim with West Bend for damage to the property's roof and other building components as a result of wind and hail. West Bend inspected and estimated the replacement cost for the damage was $60,989.54. This amount was paid to the insured minus the $10,000 deductible. The insured believed the damage was so severe that the roofs need to be replaced, which the insured estimated would cost $1,389,600. The insured demanded an appraisal. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

The Prolonged Effects on Commercial Property From Extreme Weather

January 29, 2024 — The Hartford Staff - The Hartford Insights
As evidenced by the extraordinary heat in the Southwest, a string of tornadoes in South and Midwest, and heavy rains in California and Florida, 2023 was a banner year for extreme weather. However, 2024 may be no different, which means now is the time for businesses to rethink the way they approach volatile weather, as well as the frequency and severity of storms and natural disasters. The risks and challenges that businesses face as extreme weather becomes stronger and causes more property damage, requires innovative technology with specialized insurance solutions. Through updated building codes, advancements in technology and meaningful infrastructure improvements, businesses can make a difference in protecting their property and reducing losses. Stronger Building Codes To Withstand Storms It is not uncommon to see the destruction that a hurricane or tornado leaves behind. However, stronger building codes are one of the best ways to make sure property can withstand catastrophes. Florida for example implemented changes to its building codes after Hurricane Andrew, and then again in 2007 after the Hurricanes of 2004 and 2005. New construction since then has made houses and buildings significantly more hurricane proof. Buildings constructed 30 years ago were likely built with codes that may have neglected the impact of strong winds from an extreme hurricane or significant rainfall that a storm can bring, especially along the Atlantic and Gulf coasts. Read the full story...
Reprinted courtesy of The Hartford Staff, The Hartford Insights

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 Will the 2024 Construction Economy Look Like?

January 02, 2024 — Grace Calengor - Construction Executive
CE just wrapped its "2024 Economic Update and Forecast" webinar, which revealed some interesting insights for 2023 and projections for next year. Anirban Basu, chief economist for ABC and CEO of Sage Policy Group, began his presentation by stating auspiciously: “The economy has been much stronger along more dimensions than I expected.” Polling: good news for the supply chain Not only did Basu's own research reveal strong construction growth in a majority of sectors, a decent number of construction job openings and wage increases, as well as supply-chain improvement and a stagnating federal rate—but webinar attendees who answered Basu's polling questions felt similarly. Reprinted courtesy of Grace Calengor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

CHUATHBALUK ALASKA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES