Jon A. Turigliatto – Speaker - Orange County Bar Association Construction Law Section, September 6, 2017.  Mr. Turigliatto will be speaking on  “Recent Important Appellate and Supreme Court Decisions”.

Glenn T. Barger speaking November 15-17, 2017 - Fort Lauderdale, FL Perrin - Conferences National Construction Defect Conference.

Richard H. Glucksman – Webinar ALI CLE - Building Green & LEED Certified: Negotiation, Drafting and Execution Strategies

Tuesday, July 28, 2015 | 12:00 — 1:30 p.m. Eastern
Telephone Seminar | Audio Webcast

Learn More

20th Annual MC Consultants Western Region Construction Litigation And Insurance Coverage Conference, September 17-19, 2014. Mr. Kahn will be moderating the panel “An Overview: Public Works Arbitrations – Across The Western United States”.

Actuary Leadership Forum, Center for Insurance Studies at California State University Fullerton. Mr. Glucksman will be speaking on Construction Casualty Losses.
Link to Article

Glenn T. Barger, Brian D. Kahn and Chelsea L. Zwart -

CGDRB is proud to announce that Brian Kahn will be co-chairing this year’s ASCDC Annual Construction Defect Seminar and Holiday Reception honoring the Orange County Judiciary.  Panelists at the Seminar will include CGDRB’s own Glenn Barger and Chelsea Zwart.  Please join us by registering at: http://www.cvent.com/events/ascdc-2018-construction-defect-seminar-holiday-reception/event-summary-da0cd9f5cf9e4bb686f92cce9351cf81.aspx

CGDRB is proud to have its article “New California ‘Construction’ Legislation” published in this week’s Construction Defect Journal. For access to the publication, please go to: https://lnkd.in/gp6jykT

CGDRB is very pleased and excited to announce that the Firm has been ranked in the practice areas in California for Litigation and Construction on the U.S. News Best Lawyers 2019 “Best Firms” List

Kyla J. Houge has recently written an article for the American Bar Association Young Lawyers Division’s TYL In Focus publication on Antitrust law. Read Article

IMPORTANT ALERT: NEW CALIFORNIA “CONSTRUCTION” LEGISLATION

Richard H. Glucksman, Esq.
Chelsea L. Zwart, Esq.

Governor Jerry Brown signed two potentially impactful Senate Bills relating to the construction of apartment buildings late last month.  These Bills, discussed further below, were introduced, in part, in response to the Berkeley balcony collapse in June 2015, which was determined by the California Contractors State License Board to be caused by the failure of severely rotted structural support joists the repair of which were deferred by the property manager, despite indications of water damage. 

SENATE BILL 721 ESTABLISHES HEIGHTENED “LOAD-BEARING” INSPECTION REQUIREMENTS                                                                              

On August 21, 2018, the California State Senate passed SB 721, one of two bills by Senator Jerry Hill introduced this year seeking to address the safety of multifamily rental residences. Now that the Governor has signed the Bill, a new section will be added to the California Health and Safety Code, requiring that every 6 years, destructive testing be performed on at least 15% of each type of load-bearing, wood framed exterior elevated element (such as balconies, walkways, and stair landings) in apartment buildings with 3 or more units.  Interestingly, prior to being passed by the State Senate, SB 721 was revised in June 2018, such that the inspection requirements do not apply to common interest developments (i.e., condominiums). 

As set forth in the new Health and Safety Code Section 17973:

“The purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing elements are in a generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered.” 

The inspection must be paid for by the building owner and performed by a licensed contractor, architect, or civil or structural engineer, or a certified building inspector or building official from a recognized state, national, or international association.  Emergency repairs identified by the inspector must be made immediately.  For non-emergency repairs, a permit must be applied for within 120 days and the repair completed within 120 days of the permit’s issuance.  If repairs are not completed within 180 days, civil penalties of $100-$500 per day may be imposed.

The required inspection must be completed by January 1, 2025 and every 6 years thereafter, unless an equivalent inspection was performed during the 3 years prior to January 1, 2019, the effective date of the new law.  For a building converted to condominiums that will be sold after January 1, 2019, the inspection required by Health and Safety Code Section 17973, must be performed prior to the first close of escrow.  

SENATE BILL 1465 SETS CONTRACTOR REPORTING REQUIREMENTS

The Governor also signed SB 1465, adding Sections 7071.20, 7071.21, and 7071.22 to the California Business and Professions Code. The new law requires that a contractor licensed with the Contractors’ State License Board “report to the registrar in writing within 90 days after the licensee has knowledge of any civil action resulting in a final judgment, executed settlement agreement, or final arbitration award in which the licensee is named as a defendant or cross-defendant, filed on or after January 1, 2019,” that meets certain and specific criteria, including that it is over $1 million and arises out of an action for damages to a property or person allegedly caused by specified construction activities of the contractor on a multifamily rental residential structure.  

Where more than one contractor was named as a defendant or cross-defendant, each of the contractors apportioned more than $15,000 in liability must report the action.  Importantly, the new statute also imposes similar reporting requirements on insurers of contractors.  SB 1465 also addresses an impacted party’s failure to comply with the reporting requirements. 

COMMENT

Both SB 721 and SB 1465 are potentially significant and seek “legislative reform” to address construction issues by placing a greater burden on apartment owners as well as builders and subcontractors.  How pragmatic and what impact they will have on the industry is obviously developing. If you are interested in receiving further detail concerning the Bills, please contact us.  We are analyzing the new legislation and its intent and will be providing our ongoing comments. 

Richard H. Glucksman – Moderator – Jurisdictional Update - Overview of the Most Active Emerging Jurisdictions at the Perrin Conferences’ National Construction Defect Conference on November 14-16, 2018 in Fort Lauderdale, FL.   https://www.perrinconferences.com

Randall Dean presented to the California CPA Education Foundation on August 20, 2018 on the subject of “Avoiding Tax Malpractice.”

Richard H. Glucksman and Glenn T. Barger have been named Best Lawyers in the 25^th Edition of the Best Lawyers in America.

Richard Glucksman will be moderating the panel on Green Buildings/LEED – Overview and Claims, Perrin Construction Claims & Trial Conference, June 21, 2018, Four Seasons, Las Vegas, NV.  | Click here for more info |

Kyla J. Houge has been appointed by the American Bar Association’s Young Lawyers Division to serve as an Associate Editor of TYL Editorial Board for 2018-2019.

Presenting at the West Coast Casualty’s Construction Defect Seminar’s series Thursday, May 17:
Recent Important Appellate Decisions in California, Nevada, and Arizona

Presenting at the West Coast Casualty’s Construction Defect Seminar’s series Wednesday, May 16:
Struggles and Successes of the Past 25 Years

Presenting at the West Coast Casualty’s Construction Defect Seminar’s series Wednesday, May 16:
Struggles and Successes of the Past 25 Years

Best developer’s attorney; Richard Glucksman, Esq., Chapman, Glucksman, Dean, Roeb and Barger

West Coast Casualty’s Construction Defect Seminar as voted upon by the 25,000 members of the construction community members have chosen Richard Glucksman to receive West Coast’s Casualty's Silver Star award in the category of Best Developer’s Counsel. Richard is pleased to join the other award winners chosen by WCC.

Arthur J. Chapman, Richard H. Glucksman, Randall J. Dean and Glenn T. Barger have once again been named Super Lawyers 2019.

Ravi R. Mehta, David A. Napper and Ashley H. Verdon have been selected 2018 Super Lawyers Southern California Rising Star.

We are very pleased to announce our new Partners – John T. Brazier, Aneta B. Dubow and Heather M. Patrick.

Mr. Glucksman is speaking at the 2^nd Annual Construction Defect, Claims Litigation Strategies ExecuSummit on December 5 & 6, 2017.  Mr. Glucksman will be speaking on Liability Issues and Designing the Best Strategy for Resolution.

Mr. Barger will be arguing before the California Supreme Court on behalf of ASCDC in McMillin Albany, LLCF, a landmark decision regarding the enforceability of SB 800.

Mr. Barger has been accepted in the Federation of Defense & Corpoate Counsel.

Richard H. Glucksman / Ravi Mehta - published in THE EDGE by AmWINS.  The New EPA Underground Storage Tank Regulations: A Compliance Primer - Read More

October 11-14, 2017 - Richard H. Glucksman and Brian D. Kahn - Speakers - Association of General Contractors of California's 2017 Annual Conference - Renaissance Indian Wells Resort & Spa in Indian Wells

http://conference.agc-ca.org/

Brian D. Kahn will be presenting at the 2016 CLM National Construction Claims Conference – September 28-30 at the Manchester Grand Hyatt in San Diego.

Dean Waterstone will be speaking on American legal education, both challenges and opportunities facing law schools.