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Construction Law Authority / Posts tagged "construction"

Becker & Poliakoff Wins Multi-Million Dollar Jury Verdict In Landmark Construction Case

Jury Finds Subsidiary of National Developer Hovnanian Enterprises Inc. Liable for Breach of Contract and Violation of the New Jersey Consumer Fraud Act MORRISTOWN, NJ & FORT LAUDERDALE, Fla. – June 5, 2017 – Becker & Poliakoff secured a landmark $9 million-plus jury verdict Thursday against a subsidiary of Hovnanian Enterprises, Inc. (NYSE: HOV). The award includes punitive (treble) damages for violation of the New Jersey Consumer Fraud Act and also entitles the plaintiff to recover attorneys’ fees, costs and prejudgment interest. The jury found that Hovnanian Enterprises used the subsidiary as an instrument to commit a fraud or injustice on purchasers of condominium units. The ultimate recovery against all parties, including the project architect and geotechnical engineer, could exceed $20 million. After a six-week trial in New Jersey Superior Court (Docket No. HUD-L-2560-13), the jury agreed that Hovnanian, after learning that the condominium building was being improperly constructed with plywood flooring...

Inside The Nation’s Varying Contractor Licensing Rules — And How They Impact Business

This article originally appeared in Construction Dive Magazine, May, 2017, Reprinted with Permission. In an effort to safeguard their residents against fraud and the chaos that can result from unprofessional behavior or lack of experience and knowledge, most states have some kind licensing procedure in place for professions like lawyers, physicians and real estate agents. However, when it comes to construction contractors — who practice in an industry that is full of life and death scenarios — there is little state-to-state licensing uniformity. How do these regulations vary across the U.S., and is there any indication that a strict regulatory scheme results in a higher level of professionalism and quality among contractors? How licensing rules vary "We see both extremes where it's extremely difficult to get a license, and then on the opposite side where anyone with a hammer and pickup truck can be a contractor," said Chuck Taylor, director of operations for Chicago- area...

New Construction Technique for USF Dormitory

There was a recent article in Tampa Bay Online by Yvette Hammett, linked here, dealing with new dorms going up at the University of South Florida. Other than my normal interest in the goings on at my alma mater was the construction methodology for the project. Tampa-based CBG Building Co., plans to use a system developed by Denver-based Prescient Co., Inc., where segments of the building are designed and pre-constructed off site and then shipped to the site for installation.  The dormitory project consists of a 6 story parking garage and a 6 story dormitory with 500 apartment style units. A quote from the article notes that this type of construction may be expandable to different types of projects and explains what makes this building system so different is this: “We don’t construct our building,” said Prescient CEO Satyen Patel. “We assemble it.” The process involves three companies — one for software...

Matthew Meyers Joins Becker & Poliakoff to Expand Construction Litigation Practice in Morristown, NJ Office

MORRISTOWN, NJ, September 3, 2014 -- Becker & Poliakoff has expanded its construction litigation practice in New Jersey with the addition of attorney Matthew Meyers to its Morristown office. Mr. Meyers specializes in commercial litigation, with an emphasis on complex construction defects and real estate disputes. In such cases, he has recovered nearly $50 million in claims on behalf of New Jersey condominium associations in the last five years, including the successful settlement of a contentious waterfront controversy in Northern New Jersey. Mr. Meyers has been recognized numerous times by Thompson Reuters' SuperLawyers, which lists lawyers who have achieved a high degree of professional achievement. He was honored in the 2012, 2013 and 2014 editions with "Top Lawyers in New Jersey" in the area of construction litigation. He also frequently lectures on construction defect litigation issues to various organizations, including the New Jersey Institute for Continuing Legal Education, the Associations of Owners and...

FTC’s Green Guides Help Guide Owners, Contractors and Design Professionals

This post originally appeared in "The Green Building Law Blog" Being green is not always straightforward.  There are many products on the market, related and non-related to building, that make claims about their environmental benefits and impacts.  There are many service providers that make similar claims.  But not all products and services live up to their billing.  Companies marketing themselves or their products as environmentally friendly will have to better qualify those statements, in light of Federal Trade Commission's Green Guides. The Green Guides have been around since 1992.  The latest version was updated in 2012.  They "outline general principles that apply to all environmental marketing claims and provide guidance regarding many specific environmental benefit claims."  The purpose is to cut down on deceptive practices regarding green marketing.  The Green Guides are not law and are not independently enforceable.  But, the FTC can take action if someone or some entity makes an environmental...

What Owners Need To Know About Florida Statute §558.0035

Effective July 1, 2013, Florida Statutes Chapter 558 was amended to provide a “safe harbor” to individual design professionals for claims of negligence. Specifically, Florida Statutes §558.0035 states that any design professional “who is employed by a business entity or is an agent of a business entity is not individually liable for damages resulting from negligence occurring within the course and scope of a professional services contract.” Florida Statute §558.0035 also expands the definition of “design professionals” to include geologists in addition to architects, interior designers, landscape architects, engineers and surveyors. These changes are limited to individual design professionals only, not business entities, and the statute covers only economic damages. The new law does not limit claims for personal injury or property damage. It is also worth noting that §558.0035 will not limit professional negligence claims by parties who have no contract with an individual design professional and/or his or her...

Are You A Design-Build Firm?

Based upon weekly bid reports, the trend in Florida continues to emphasize design-build requests for proposals ("RFP") for public works projects. Public agencies view the design-build model as a means to streamline the procurement process as well as an opportunity to contract with one firm which has the responsibility for both the design and construction of a project....