BlogLine
Modular Construction Components: Claim and Defense Considerations
11/22/22
Construction and Design Law
Business understanding, legal protection
FMG's Construction & Design Law Section attorneys combine their technical knowledge with legal excellence to resolve the full gamut of construction industry issues, including defective construction and design claims, contract preparation, negligence claims, securing payment, general advice and counsel.
Reach & Depth
FMG’s Construction & Design Law Section attorneys combine their technical knowledge with legal excellence to resolve the full gamut of construction industry issues, including defective construction and design claims, contract preparation, negligence claims, securing payment, general advice and counsel.
We have extensive experience serving the needs of public and private owners, contractors, subcontractors, design professionals and sureties.
Successes
David Molinari obtained a favorable judgment on behalf of our Client, a homeowner’s association, after a five day jury trial in North County San Diego Superior Court. This case involved a claim of continuing nuisance, involving water irrigation pumps located on our Client’s property. The Plaintiff, a neighboring landowner, claimed the pumps caused extreme noise while in operation and caused a loss of use relating to areas of his home. The Plaintiff sought damages and an injunction against our client’s use of the pumps. Both sides retained audio sound engineers that measured decibel readings when the pumps were in operation and recorded the ambient noise at the plaintiff’s property line when the pumps were in operation. Only the defense expert’s sound recording went to the jury, Plaintiff voluntarily did not introduce his recordings into evidence and Plaintiff’s expert did not submit their recordings or rely on the recordings to render opinions on Plaintiff’s behalf. The jury was instructed on what level of annoyance constitutes a nuisance under a “reasonable person standard.” Focusing on that standard, Mr. Molinari argued to the jury that they may use their own senses of sight and sound to see the location of the pumps, see the distance between the pumps and Plaintiff’s property and hear for themselves what, if any noise, was produced by the pumps and make a determination on the claim. The jury concluded a reasonable person would not have been annoyed and returned a defense verdict. The defense verdict allowed for the recovery of litigation costs incurred by our Client. This case went through our standard FMG roundtable process, conducted by our Trial Committee, which further supported this trial win and assisted in keeping the defense fees minimal.
James M. Matthew
Associate
Philadelphia, PA
Katherine A. Ferry
Associate
Chicago, IL
Cameron Kline
Associate
Atlanta, GA
Kai Hecker
Senior Counsel
Dallas, TX
Alexander S. Gebert
Associate
Dallas, TX
Jody N. Cappello
Partner
Hartford, CT
Julie B. Karron
Partner
Tampa, FL
Alicia A. Hagerman
Associate
Las Vegas, NV
Jilliane Ann Jackson
Associate
Las Vegas, NV
Derek R. Noack
Associate
Las Vegas, NV
Michael Edwards
Partner
Las Vegas, NV
Jonathan D. Crumly, Sr.
Senior Counsel
Atlanta, GA
Danielle Rudkin
Associate
New York City, NY | Newark, NJ
Eric M. Coglianese
Associate
Columbus, OH
Christina R. Morgan
Associate
Boston, MA
Kingshuk K. Roy
Partner
Chicago, IL
Bradford S. Purcell
Partner
Chicago, IL | Chicago, IL
Dustin J. Karrison
Partner
Chicago, IL
Sagar P. Thakkar
Associate
Chicago, IL
Zachary W. Jarvis
Associate
Atlanta, GA
Yee S. Cheung
Associate
Houston, TX
Gabriel Canto
Associate
Dallas, TX
Jacob M. Jones
Associate
Nashville, TN
Lorne G. Hiller
Associate
Nashville, TN
Jason M. Pannu
Partner
Nashville, TN
Nerizza Miyamoto
Senior Counsel
Tampa, FL
Christopher J. Redd
Associate
Boston, MA
Sean Andrés Rapela
Associate
Boston, MA
Matthew Jones
Associate
Dallas, TX | Houston, TX
Svjetlana Tesic
Associate
Newark, NJ
Alec D. Tyra
Associate
Sacramento, CA
Tim Soefje
Partner
Dallas, TX | Houston, TX
Doug Holthus
Partner
Columbus, OH
Katherine A. Mastrobuoni
Senior Counsel
Newark, NJ | New York City, NY
Austin Anderson
Associate
Lexington, KY
Bryce W. Newell
Associate
Newark, NJ | New York City, NY
Amy B. Cowan
Partner
Atlanta, GA
John S. Moot
Senior Counsel
San Diego, CA
Paul Piantino
Partner
Newark, NJ | New York City, NY
William C. Mead
Partner
Cherry Hill, NJ | Newark, NJ
Daniel A. Baylson
Partner
Cherry Hill, NJ | Newark, NJ | Philadelphia, PA
William W. Cheney
Partner
Cherry Hill, NJ
Matthew A. Wachstein
Associate
Cherry Hill, NJ
Jennifer C. Adair
Partner
Atlanta, GA
Eric Retter
Senior Counsel
Atlanta, GA
Aaron Miller
Associate
Atlanta, GA
Kenneth G. Menendez
Partner
Atlanta, GA
William H. Catto
Partner
Philadelphia, PA
Sean R. Riley
Partner
Philadelphia, PA | Pittsburgh, PA
Thomas K. McCraw
Partner
Boston, MA
David A. Slocum
Partner
Boston, MA
Catherine A. Bednar
Partner
Boston, MA
Michael B. Weinberg
Partner
Boston, MA
Ben N. Dunlap
Partner
Boston, MA
A. Neil Hartzell
Partner
Boston, MA | Providence, RI
Kevin G. Kenneally
Partner
Boston, MA
Jeffrey L. Alitz
Partner
Boston, MA
Erin E. Lamb
Associate
Philadelphia, PA
Dana K. Maine
General Counsel
Atlanta, GA
Melissa A. Santalone
Partner
Tampa, FL
Michael W. Lord
Partner
Atlanta, GA
Matthew N. Foree
Senior Counsel
Atlanta, GA
Marc H. Bardack
Partner
Atlanta, GA
D. Jeffrey Grate
Senior Counsel
Atlanta, GA
Jacob McClendon
Associate
Atlanta, GA
Nicolas Bohorquez
Associate
Atlanta, GA
Kaitlyn Grajek
Associate
Newark, NJ | New York City, NY
Kyle Virgin
Partner
Lexington, KY
Edward Storck
Partner
Hartford, CT
L. David McCollum
Partner
Atlanta, GA
Christopher Lynch
Partner
Hartford, CT
Janice Lai
Partner
Hartford, CT
Jason M. Pannu
Partner
Nashville, TN
Jeffrey L. Alitz
Partner
Boston, MA
Bradley T. Adler
Partner
Atlanta, GA
L. David McCollum
Partner
Atlanta, GA
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