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

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

Patti Hunter - Prosecutor Los Angeles City Attorney's Office. Patti Hunter is a candidate for Los Angeles Superior Court Judge. She has over 30 years experience in both criminal and civil law and has extensive trial experience.

October 15, 2018
12:00 p.m. Noon
1900 Olympic Blvd., Suite 800
Los Angeles, CA 90064
rsvp for this event at rsvp@cgdrblaw.com

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.

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

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.

Patti Hunter - Prosecutor Los Angeles City Attorney's Office. Patti Hunter is a candidate for Los Angeles Superior Court Judge. She has over 30 years experience in both criminal and civil law and has extensive trial experience.

October 15, 2018
12:00 p.m. Noon
1900 Olympic Blvd., Suite 800
Los Angeles, CA 90064
rsvp for this event at rsvp@cgdrblaw.com

Hon. Antonio Villaraigosa 41st Mayor of Los Angeles, Speaker of the California State Assembly, Candidate for Governor of California 2018

Mr. Villaraigosa will be speaking on the state of California, including the judiciary, housing, education, civic engagement, water, transportation and economic development issues.

11900 Olympic Blvd., Suite 800
Los Angeles, CA 90064

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

Nick Cammarota, General Counsel, California Building Industry Association (CBIA)

As General Counsel for the CBIA, Mr. Cammarota is responsible for conducting strategic litigation to benefit the industry and providing legal support for CBIA's legislative advocates

Mr. Cammarota will be speaking on legislative matters, trends and developments in the construction industry.

Erwin Chemerinsky, Dean UC Irvine School of Law

Dean Chemerinsky will be speaking on United States Supreme Court decisions and constitutional issues that impact all of us and his comments with respect to the passing of Justice Antonin Scalia.

Jim McDonnell, Los Angeles County Sheriff

Jim McDonnell Los Angeles County Sheriff and former Chief of Police for the Long Beach Police Department.  Sheriff McDonnell served with the Los Angeles Police Department for 29 years and held every rank in the department up to Chief of Staff, second-in-command of the LAPD. He has received numerous community and department awards, including the LAPD’s highest award for bravery, the Medal of Valor.

Matthew Dababneh, California State Assembly, 45th District

Mr. Dababneh serves on the Budget, Rules, Insurance and Governmental Organization, as well as the Budget Subcommittee on Education Finance. Mr. Dababneh previously served as the Chief of Staff for former Congressman Brad Sherman.

Hon. Henry A. Waxman, 33rd Congressional District

Hon. Waxman is the U.S. Representative for California’s 33rd Congressional District and has been serving in Congress since 1975. He is considered to be one of the most influential members of Congress.

Hon. Michael P. Vicencia, Assistant Supervising Judge of the Los Angeles Superior Court, Southeast District (Long Beach)

Assistant Supervising Judge of the Long Beach Superior Court. Hon. Vicencia was involved in overseeing the construction of the new Long Beach Courthouse, which was accomplished with virtually no public funds.

Jerry Braun, Esq., Officer of The Other Bar, Substance Abuse Expert

The Other Bar is a supporting organization to assist the legal profession in recovery from substance abuse.

 Hon. Jackie Lacey, Los Angeles County District Attorney

Hon. Jackie Lacey was sworn in on December 3, 2012 as the 42nd District Attorney of Los Angeles County. She is the first woman and first African-American to serve as LA County’s District Attorney.

Patrick Kelly, Esq., President of State Bar of California

Mr. Kelly is the president of the State Bar of California – the largest state bar in the United States.  He took over as the 88th president of the State Bar of California in October 2012.  He is a veteran trial lawyer and western regional manager of Wilson Elser.

Justice Victory Chaney, California Court of Appeal, 2nd Appellate District

Justice Chaney is a justice on the Second District, Division Two California Court of Appeal. She worked at the Los Angeles City Attorney's Office for 11 years before her judicial appointment in 1990. She was first appointed to the Los Angeles Municipal Court. In 1994, she was promoted to the Superior Court where she presided until her appointment to the appellate court in 2009

Robert Grace, Esq., Assistant Deputy District Attorney – Major Crimes Unit

Robert “Bobby” Grace is a Deputy District Attorney for Los Angeles County working in the Major Crimes Unit.  He jointed the DA’s office in 1988 and has successfully prosecuted over 60 homicide cases, including some of LA’s most heinous and famous, including Chester Turner and the Black Widow Killers.

Hon. Deanell Reece Tacha, Dean, Pepperdine University School of Law and former Judge of the United States Court of Appeal, 10th Circuit

Hon. Tacha was appointed by President Reagan to the U.S. Court of Appeals for the 10th Circuit where she served as a circuit judge from 1986-2011. She served as Chief Judge from January 2001 through 2007.  She was appointed Dean of the Pepperdine University School of Law in 2011.

Justice Lee Smalley Edmon, California Court of Appeal,  2nd District and Former Presiding Judge of the Los Angeles Superior Court

Justice Edmon is the presiding justice of Division Three for the 2nd District Court of Appeal.  Justice Edmon previously served as a judge of the Los Angeles Superior Court and served as the Los Angeles Superior Court’s first female presiding judge from 2011 to 2012.

Victor Gold, Dean,  Loyola Law School of Los Angeles

Victor Gold was named 16th Dean of Loyola Law School and Senior Vice President of Loyola Marymount University in January 2009 after spending a year as interim dean. He has earned myriad accolades as a legal educator and scholar since he started teaching at Loyola in 1984.