Tag: Advise & Consult

Inverse Condemnation Liability Does Not Extend to Failure to Prevent Actions of Another Party

Bradford Kuhn | Nossaman Can a public entity be held liable for inverse condemnation when it fails to prevent another party from causing damage to private property? This one is pretty simple: the answer is no.  In Youngsma v. City of Cypress, homeowners sued the City for inverse condemnation and public nuisance because the construction of… Continue reading Inverse Condemnation Liability Does Not Extend to Failure to Prevent Actions of Another Party

Fire-Hardened Residential Construction: Good Practices and Emerging Technologies for Wildfire Resilience

Travis Sommerfeld, Adam Norman and Erik Fritzberg | J.S. Held Introduction As wildfires increase in frequency and severity, the construction industry is turning to advanced fire-resistant building techniques and materials to create “fire-hardened” homes that can withstand extreme heat, direct flames, and wind-driven embers. While California’s Wildland-Urban Interface (WUI) codes (CBC Chapter 7A) set minimum… Continue reading Fire-Hardened Residential Construction: Good Practices and Emerging Technologies for Wildfire Resilience

Calculating Chapter 93A Damages: Takeaways from Diprio v. Ground Up Construction, Inc.

David G. Thomas and Angela C. Bunnell | GreenbergTraurig In Diprio v. Ground Up Constr., Inc., the Massachusetts Appeals Court considered the appropriateness of an award of attorneys’ fees to pro se litigants—homeowners who sued a contractor for violating a Massachusetts Home Improvement Contractor Statute (HICS)—and the proper measure of damages under 93A, Section 9. At… Continue reading Calculating Chapter 93A Damages: Takeaways from Diprio v. Ground Up Construction, Inc.

Bid Protests in Utah

Aron C. Beezley and Nathaniel J. Greeson | BuildSmart Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures. For the next state in this series, we focus on the protest process in Utah. What Rules Apply? Protests of state-level agency procurements in Utah are generally governed by Utah Code Ann. §§… Continue reading Bid Protests in Utah

Bid Protests in Arizona

Aron C. Beezley and Nathanial J. Greeson | BuildSmart Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures. For the next state in this series, we focus on the bid protest procedures in Arizona. Who Can File a Protest? Any interested party may file a protest challenging: How to File… Continue reading Bid Protests in Arizona