Licensing Reciprocity Comes to Virginia
May 15, 2023 —
Christopher G. Hill - Construction Law MusingsRemember my admonishment to get your
Virginia contractor’s license? Well, that will get easier for experienced construction professionals that hold a license from a state or territory outside of Virginia beginning on July 1, 2023. In this past session of the General Assembly, the Youngkin administration pushed and the legislature passed a universal licensure statute that (with some exceptions for professional services as defined in
Va. Code 2.2-4301) will allow those (including contractors) who are licensed in other states to use that license to obtain a Virginia license.
The
new legislation will require DPOR to recognize another state’s license where the contractor meets the following requirements:
- The individual holds a current and valid professional or occupational license or government certification in another state in a profession or occupation with a similar scope of practice, as determined by the board in the Commonwealth
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The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Daniel Ferhat Receives Two Awards for Service to the Legal Community
July 19, 2021 —
Daniel Ferhat - White and Williams LLPPartner Daniel Ferhat was recently recognized by The Philadelphia Association of Defense Counsel (PADC) with the President’s Award at PADC’s Annual Meeting. This award was given in recognition of Dan’s leadership as President of PADC over the past year. Recognized as the oldest continuously operating local defense organization in the United States, PADC is comprised of over 300 attorneys and acts as a voice for its members and the clients they serve on emerging issues of interest.
Dan also received the Exceptional Performance Award from the Defense Research Institute (DRI), which is the largest international membership organization of attorneys defending the interests of businesses and individuals in civil litigation. DRI’s Exceptional Performance Award is given annually to an individual who has supported and improved the standards and education of the defense bar, and for having contributed to the improvement of the administration of justice in the public interest.
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Daniel Ferhat, White and Williams LLPMr. Ferhat may be contacted at
ferhatd@whiteandwilliams.com
Housing in U.S. Cools as Rate Rise Hits Sales: Mortgages
April 28, 2014 —
John Gittelsohn and Prashant Gopal – BloombergAfter a roller-coaster decade of boom-bust-boom, the U.S. housing market is going downhill just when many economists thought annual sales would be heading up.
Sales of previously owned properties in March tumbled 7.5 percent from a year earlier to the slowest pace in 20 months, while purchases of new houses sank 14.5 percent from February, according to reports this week. Mortgage applications to buy homes plunged 19 percent from a year earlier, indicating slowing demand during what is typically the busiest season for deals.
The housing market’s underlying fragility is emerging as outside influences that fueled a two-year rebound are receding. Mortgage interest rates are rising from record lows as the central bank withdraws its stimulus, and investors, who had helped drive national prices up more than 20 percent as they went on a buying spree, are now retreating.
Mr. Gittelsohn may be contacted at johngitt@bloomberg.net; Mr. Gopal may be contacted at pgopal2@bloomberg.net
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John Gittelsohn and Prashant Gopal, Bloomberg
Haight Welcomes Elizabeth Lawley
September 03, 2015 —
Elizabeth W. Lawley – Haight Brown & Bonesteel LLPHaight Brown & Bonesteel LLP welcomes partner Elizabeth W. Lawley. Elizabeth joins Haight’s new Sacramento office in the Construction Law and General Liability Practice Groups. She has extensive experience representing construction companies, contractors, subcontractors, real estate developers and insurers. Among her clients are prestigious national home builders, window manufacturers, roofers, HVAC, tile and masonry contractors. Elizabeth provides exceptional legal services while navigating complex litigation handling and resolution and she adds another layer of top-tier skills to Haight’s existing practice.
Haight Brown & Bonesteel LLP
2485 Natomas Park Drive
Suite 450
Sacramento, CA 95833
www.hbblaw.com
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Elizabeth W. Lawley, Haight Brown & Bonesteel LLPMs. Lawley may be contacted at
elawley@hbblaw.com
Insurance Company’s Reservation of Rights Letter Negates its Interest in the Litigation
November 12, 2019 —
Frank Ingham - Colorado Construction LitigationThe Colorado Court of Appeals held that an insurance company, which issues a reservation of rights letter to its insured, loses its interest in the litigation, pursuant to C.R.C.P. 24(a)(2), when the insured settles the claims and assigns the bad faith action against the insurance company to the plaintiff. Bolt Factory Lofts Owners Association, Inc. v. Auto-Owners Insurance Company, 2019WL 3483901(Colo. App. 2019).
In a 2016 lawsuit in Denver District Court, 2016CV3360, the Bolt Factory Loft Owners Association, Inc. (“Association”) asserted construction defect claims against six contractors. Two of those contractors then asserted claims against other subcontractors, including Sierra Glass Co., Inc. (“Sierra Glass”). After multiple settlements, the only remaining claims were those the Association, as assignee of the two contractors, asserted against Sierra Glass.
Auto-Owners Insurance Company (“AOIC”) issued policies to Sierra Glass and defended it under a reservation of rights. The policy afforded AOIC the right to defend Sierra Glass, and it required Sierra Glass to cooperate in the defense of the legal action. The Association presented a settlement demand of $1.9 million to Sierra Glass, which AOIC refused to pay. To protect itself from an excess judgment that AOIC might not have paid, Sierra Glass entered into an agreement with the Association whereby Sierra Glass would refrain from offering a defense at trial and assign its bad faith claim against AOIC to the Association in exchange for the Association’s promise that it would not pursue recovery against Sierra Glass of any judgment entered against it at trial. Such agreements, known as Bashor or Nunn Agreements, are allowed in Colorado. Nunn v. Mid-Century Insurance Co., 244 P.3d 116 (Colo. 2010). Therefore, Sierra Glass was entitled to protect itself in the face of AOIC’s potential denial of coverage and refusal to settle. Bolt Factory Lofts, at ¶ 15.
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Frank Ingham, Higgins, Hopkins, McLain & Roswell, LLCMr. Ingham may be contacted at
ingham@hhmrlaw.com
Construction Defect Reform Bill Passes Colorado Senate
April 15, 2015 —
Beverley BevenFlorez-CDJ STAFFThe Denver Business Journal reported that a construction defect reform bill has “passed the Colorado Senate by a 24-11 vote Tuesday, with six Democrats joining all 18 Republicans in the chamber in backing the measure.”
The bill now moves to the House. According to the Denver Business Journal, the bill “faces a tougher path in the House, where Speaker Dickey Lee Hullinghorst, D-Gunbarrel, has said she was not going to support a bill that does not include a provision giving aggrieved condominium owners the right to take their disputes with builders to court. No such amendment was added in the Senate.”
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The COVID-19 Impact: Navigating the Legal Landscape’s New Normal
July 27, 2020 —
Amanda Mathieu - Lewis BrisboisWhile most of the country has been at a standstill since March, you might be wondering, what about my lawsuit or my administrative charge? For the past couple of months, most litigation cases have largely been put on pause in the courts and at administrative agencies. However, as we adjust to what is clearly a new normal in both our lives and the legal landscape as we know it, cases will begin to pick up speed again, albeit with new strategies and challenges to keep in mind.
As courts begin to reopen, judges are emphasizing in many jurisdictions that criminal cases will take priority in an effort to attend to constitutionally required timelines. Nevertheless, it will remain just as important as before the pause button was hit to keep cases moving forward. This ramp up period presents a unique opportunity for clients and attorneys to invest meaningful time into investigating and developing defenses to claims while the court system and related case pace remains slowed.
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Amanda Mathieu, Lewis BrisboisMs. Mathieu may be contacted at
Amanda.Mathieu@lewisbrisbois.com
Ambiguity in Pennsylvania’s Statute of Repose Finally Cleared up by Superior Court
October 17, 2023 —
Mark L. Parisi - White and Williams LLPIn an unpublished opinion from the Pennsylvania Superior Court handed down on August 31, 2023, a long-standing disagreement about the wording of Pennsylvania's Statute of Repose was finally resolved. In Pennsylvania, “a civil action or proceeding brought against any person lawfully performing or furnishing the design, planning, supervision or observation of construction or construction of any improvement to real property must be commenced within 12 years after completion of construction of such improvement” to recover most forms of damages that are sought in these kinds of cases.
A statute of repose is different than a statute of limitations. A statute of repose is a hard line that does not shift. There is no discovery rule with a statute of repose. Most, if not all, states have statutes of repose for construction. The Pennsylvania statute of repose is among the longest in the country. It can be even longer – up to 14 years – if the injury (including property damage) or wrongful death “shall occur more than 10 and within 12 years after completion of construction.”
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Mark L. Parisi, White and Williams LLPMr. Parisi may be contacted at
parisim@whiteandwilliams.com