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June 2017

 

Quote of The Month

If you are going through hell, keep going! Winston Churchill 

 

Featured Member – Marc Young

 Marc Young is a co-founder of Cokinos | Young and is at the helm of the firm’s newest office in Austin. Marc handles a wide variety of claims, such as product liability, construction defects, premises liability, commercial disputes and trucking accidents. Marc is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and has tried well over 100 cases in both state and federal courts. He continues to try a significant number of cases each year. Marc is knowledgeable and well-versed in matters relating to products liability, trucking and transportation law, including many lawsuits involving death or other serious injuries. Marc heads up the firm’s Tort Litigation Section, which deals primarily with the defense of corporations and individuals sued for claims involving personal injury and property damage. Marc also remains active within the defense bar by writing, speaking and chairing important committees and subcommittees.

 

Upcoming Events

 During the week of July 27, 2017 at the Fairmont Le Montreux Palace, Derek Lick, Matt Cairns, and Robert Moore will address “Contractual Risk Transfer – The Changing World of Indemnification and Insurance in Construction Contracts and Litigation.”

 

Wouldn’t it be nice if others would contractually agree to take responsibility for your errors?  The panel will first discuss how general contractors attempt to transfer risk to subcontractors and require subcontractors provide them with insurance coverage.  Then they will focus on how some states have begun to prohibit or limit such requirements either through legislative action or as the result of case law.  These risk-transfer provisions can have a significant impact on our clients, as they can require indemnification for all risk and liability, sometimes regardless of fault.  Similarly, the insurance coverage provisions can require a subcontractor to obtain insurance for the general contractor for the general contractor’s own fault – sometimes in an attempt to circumvent anti-risk-shifting law.  The panel is expected to highlight the changing landscape of risk shifting so that FDCC members can quickly assess the impact and enforceability of such provisions. Please plan to attend!

 

For the Winter meeting at Amelia Island, we are planning for the following:

 “Reversing the Reptile Through Voir Dire”

Stuart Simon of AJC and Marc Young of Cokinos | Young and who is Chair of Trial Tactics, and Marc Harwell of Leitner, Williams, Dooley & Napolitan, PLLC and perhaps a few others will explore novel methods of questioning during voir dire to reveal the jurors who are most susceptible to reptile tactics by plaintiff’s counsel, to rehabilitate the venire panel, and to reveal to the panel the manipulation that counsel for the plaintiff has employed and in so doing use the reptile theory to bite the real reptile.

 

News and Noteworthy

 On behalf of a very large and solvent GC, Marc Young just settled a 22 story defective Condo case with claimed damages of 36 million, before suit was ever filed. Texas has statutory requirements that require the plaintiff to provide a detailed report and opportunity to inspect as a condition precedent to filing suit. Due to the size of the structure and breadth of the alleged defects, Marc convinced the HOA to give him an extra sixty days before they filed suit. They agreed, on the condition that we mediate the last week of the deadline and try to resolve it. In the meantime, Marc’s client got its subs out and started looking at fixes. The Condo Association allowed us to do mock ups of the proposed repairs so they and their experts could be convinced the repairs would work, and it also allowed our subs to get real lean on their bids because they knew exactly what it would take to do the work. His client had a wrap policy that had a diminishing limits primary and a large excess. Only the excess came to the mediation, and the case settled. Nobody thought it could happen. But it did! Way to go Marc!

 

Please send to Marc Harwell at marc.harwell@leitnerfirm.com notice of new noteworthy verdicts, settlements, decisions; awards, honors, or achievements; and articles for publication to the Construction Section.

 

Blog Post

Be on the lookout for our section’s blog this month. 

 

And each quarter thereafter, the Construction Section will continue to post an informative blog that provides practical advice and information that can only help you in your practice. If you have addressed through brief or otherwise a topic that is particularly relevant and insightful for the Construction Industry, please send to Marc Harwell for consideration.

 

Membership

 If you know of an attorney who you think is worthy of the FDCC, please mention him or her to Marc, and he will assist with the admissions proposal process.

 

Sign up for Switzerland!  

 

 

 

MAY 2017

 

Quote of The Month

Opportunity is missed by most people because it is dressed in overalls and looks like work. Thomas Edison

 

Featured Member – Michael Ludwig

 

Michael has been a Partner at the Phoenix, Arizona office of Jones, Skelton & Hochuli since 2001. He is a past-president of the Arizona Association of Defense Counsel. He has served on the Construction Law Steering Committee for the Defense Research Institute and is a past chair of the Construction Practice Group of USLAW Network. He has co-authored the Arizona Construction Practice Manual published by the Arizona State Bar and was a member of the Executive Council for the State Bar’s Construction Section. He has been selected as a member of Arizona’s Finest Lawyers and Southwest Super Lawyers for construction litigation. And he is a member of our section and will be writing the Insights Article for us which will be published in September. Thanks Michael!

 

Upcoming Events

During the week of July 27, 2017 at the Fairmont Le Montreux Palace, Derek Lick, Matt Cairns, and Robert Moore will address“Contractual Risk Transfer – The Changing World of Indemnification and Insurance in Construction Contracts and Litigation.

 

Wouldn’t it be nice if others would contractually agree to take responsibility for your errors?  The panel will first discuss how general contractors attempt to transfer risk to subcontractors and require subcontractors provide them with insurance coverage.  Then they will focus on how some states have begun to prohibit or limit such requirements either through legislative action or as the result of case law.  These risk-transfer provisions can have a significant impact on our clients, as they can require indemnification for all risk and liability, sometimes regardless of fault.  Similarly, the insurance coverage provisions can require a subcontractor to obtain insurance for the general contractor for the general contractor’s own fault – sometimes in an attempt to circumvent anti-risk-shifting law.  The panel is expected to highlight the changing landscape of risk shifting so that FDCC members can quickly assess the impact and enforceability of such provisions.

 

Please plan to attend. And if you have ideas for our program in the Winter of 2018, please contact me.

 

News and Noteworthy

 Please send to Marc Harwell at marc.harwell@leitnerfirm.comnotice of new noteworthy verdicts, settlements, decisions; awards, honors, or achievements; and articles for publication to the Construction Section.

 

Blog Post

Please check out Derek Lick’s insightful blog that published last month concerning the interesting history of Le Montreux Palace. Just a few of the interesting facts from his blog are as follows:

 

The Le Montreux Palace opened on March 19, 1906.

 

It was constructed in a “record time” of 18 months, and it was known at its opening for offering cutting edge novelties such as heating, electricity and private bathroom with hot and cold running water!

 

Le Montreux Palace was constructed to join another pre-existing hotel, the hotel Hotel du Cygne, which was built nearly 70s year earlier in 1837.

 

The hotel is the brain child of two famous Swiss pioneers from Montreux – Alexandre Emery and Ami Chessex who had acquired the adjacent Hotel du Cygne.

 

The architect for the project was another Swiss named Eugene Jost.  For twenty years he built or renovated nearly fifty buildings, mostly long-lasting and large – including the Château Saint-Maire ("Saint-Maire Castle") in Lausanne, Switzerland.  He won first prize in the national competition for the Hôtel des Postes in Berne and second prize for that in Zurich and also created a commemorative monument to William Tell.

 

Each quarter, the Construction Section will continue to post an informative blog that provides practical advice and information that can only help you in your practice. If you have addressed through brief or otherwise a topic that is particularly relevant and insightful for the Construction Industry, please send to Marc for consideration.

 

Membership

 If you know of an attorney who you think is worthy of the FDCC, please mention him or her to Marc, and he will assist with the admissions proposal process.

 

 

 

APRIL 2017

Quote of The Month

The price of success is hard work, dedication to the job at hand, and the determination that whether we win or lose, we have applied the best of ourselves to the task at hand. Vince Lombardi.

 

Featured Member – Robert Moore

Bob has left NationsBuilders Insuranc and is now an officer and GC for 2RM Risk and Captive Management. He is the managing member of 3 companies that he formed to bring value to the Heavy Equipment Construction Field. As many of you know, he started practicing law while in law school trying felon cases in 1976, and moved on to be become a first chair felony trial prosecutor. He has worked at Great American Insurance Company, and as a partner at Stone & Moore in Chicago. Ten years ago he left the active practice of law, to work exclusively in the Crane, Rigging, Millwright, Concrete Pump and Specialized Transportation arena. He is a managing member of a claims company, risk management/loss control company and captive management company. He and his wife, Catherine, live in beautiful Chattanooga, TN. At our last conference in Charleston, SC, he spoke at the construction section meeting on the topic of “incorporation by reference.” And all who attended were treated to his incredible insight. Thanks Bob!

 

Upcoming Events
During the week of July 27, 2017 at the Fairmont Le Montreux Palace, Derek Lick, Matt Cairns, and Robert Moore will address “Contractual Risk Transfer – The Changing World of Indemnification and Insurance in Construction Contracts and Litigation.

 

Wouldn’t it be nice if others would contractually agree to take responsibility for your errors?  The panel will first discuss how general contractors attempt to transfer risk to subcontractors and require subcontractors provide them with insurance coverage.  Then they will focus on how some states have begun to prohibit or limit such requirements either through legislative action or as the result of case law.  These risk-transfer provisions can have a significant impact on our clients, as they can require indemnification for all risk and liability, sometimes regardless of fault. Similarly, the insurance coverage provisions can require a subcontractor to obtain insurance for the general contractor for the general contractor’s own fault – sometimes in an attempt to circumvent anti-risk-shifting law.  The panel is expected to highlight the changing landscape of risk shifting so that FDCC members can quickly assess the impact and enforceability of such provisions. Please plan to attend.

 

News and Noteworthy

Please send to Marc Harwell at marc.harwell@leitnerfirm.com notice of new noteworthy verdicts, settlements, decisions; awards, honors, or achievements; and articles for publication to the Construction Section.

 

Blog Post

Be on the lookout for our section’s blog this month.  

 

And each quarter thereafter, the Construction Section will continue to post an informative blog that provides practical advice and information that can only help you in your practice. If you have addressed through brief or otherwise a topic that is particularly relevant and insightful for the Construction Industry, please send to Marc for consideration.

 

Membership

 If you know of an attorney who you think is worthy of the FDCC, please mention him or her to Marc, and he will assist with the admissions proposal process.

 

See you in Switzerland!

 

 

 

BLOGS

 

Construction Committee Blog

April 2017 - As we approach our Annual Meeting, the Construction Committee thought it would share a bit of “construction” information about where we’ll be staying this summer, the Le Montreux Palace. (To our knowledge, the hotel contains no building defects and is structurally sound despite its historic age – all while being “perfectly appointed with modern amenities!”)

The Le Montreux Palace opened on March 19, 1906.

  • It was constructed in a “record time” of 18 months, and it was known at its opening for offering cutting edge novelties such as heating, electricity and private bathroom with hot and cold running water!
  • Actually, the Le Montreux Palace was constructed to join another pre-existing hotel, the Hotel du Cygne, which was built nearly 70s year earlier in 1837.
  • The hotel is the brain child of two famous Swiss pioneers from Montreux – Alexandre Emery and Ami Chessex, who had acquired the adjacent Hotel du Cygne.
  • The architect for the project was another Swiss named Eugene Jost. For twenty years, he built or renovated nearly fifty buildings, mostly long-lasting and large – including the Château Saint-Maire ("Saint-Maire Castle") in Lausanne, Switzerland. He won first prize in the national competition for the Hôtel des Postes in Berne and second prize for that in Zurich and also created a commemorative monument to William Tell.
  • The hotel has undergone dozens of renovations and changes, including in 1965, 1974 (the hotel's main entrance is relocated to the south with a large modern lobby and two glass elevators allowing guests direct access to reception), 1979 (opening of the Grand Café, the first modern all day restaurant and coffee shop in Montreux), 1981 (the sixth floor, formerly staff accommodation, is turned into guest rooms and 3 tower suites are created on the seventh floor), 1984, 1991 (the Hotel du Cygne undergoes complete transformation for the first time since its opening); 1994 (the Montreux Palace invests again and refurbishes its southern entrance; gone are the glass elevators and space is made for a grand staircase with a red carpet leading to reception and the gourmet restaurant La Véranda), 1998 (all the rooms are re-cabled and a new communication system installed, enabling guests to use faxes, modems, new phones and televisions in their rooms), 1999, 2001, 2002, 2003, 2004, 2005 (the main kitchen of the hotel is being completely renovated and modernized), 2006, 2007, 2008-2009, 2014 and 2015.

Essentially, the Le Montreux Palace is one continuing construction project – hopefully just not while we are visiting. No word of any lawsuits as result of all that construction work!

By: Derek D. Lick Sulloway & Hollis, PLLC Concord, New Hampshire

more Calendar

7/24/2017 » 7/29/2017
2017 FDCC Annual Meeting/ Bridging The Gap Insurance Summit

9/17/2017 » 9/19/2017
Corporate Counsel Symposium

10/23/2017 » 10/24/2017
2017 Fall Deposition Boot Camp

11/9/2017 » 11/10/2017
I3 Registration

Featured Members
Marjorie J. BergerMarjorie is with American Nuclear Insurers in CT
Bradford D. BoxBrad Box is with Rainey, Kizer, Reviere & Bell in TN

Special Thanks

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