Fairfield Connecticut Building Expert Directory

Recent Supreme Court Decision Could Have Substantial Impact on Builders

January 23, 2023 — Cassidy Ingram - Ahlers Cressman & Sleight
On October 27, 2022, the Washington State Supreme Court issued a decision which could have a substantial impact on the enforceability of contract clauses that require litigation to be commenced within a stated period of time from project completion. In Tadych v. Noble Ridge Construction, Inc.,the Supreme Court held that the contractual one-year statute of limitations for bringing claims against the contractor was substantively unconscionable and reversed the Court of Appeals. In Tadych, plaintiff owners (the Tadychs) contracted with defendant contractor (Noble Ridge Construction, Inc., or NRC) for the construction of a custom home in 2012. The contract included a one-year claim limitations clause that required claims to be raised within a one year period from project completion and that any claims not raised during the one-year period would be waived. In December 2013, as the project neared completion, the Tadychs met with NRC to identify any outstanding project issues. The Tadychs noted several, including rainwater pools at the landing at the bottom of the stairs and several nicks and cracks on the stucco exterior walls. The Tadychs moved into the home on April 8, 2014, and the City of Seattle Department of Planning and Development conducted its final site inspection on April 15 and approved the residence for occupancy on April 23. In January or February of 2015, the Tadychs began to notice a shift in their home. In February of 2015, the Tadychs engaged the Construction Dispute Resolution (CDR) to review NRC’s work. CDR raised concerns about the adequacy of the home’s construction and prepared a written report in March 2015 indicating several deviations from the architectural plans and building codes. The Tadychs sent this report to NRC, who assured the Tadychs that NRC’s work followed all requirements and rejected any claims that there were deviations from the plans. The Tadychs continued to notice issues with the home through October 2016. Read the court decision
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Reprinted courtesy of Cassidy Ingram, Ahlers Cressman & Sleight
Ms. Ingram may be contacted at cassidy.ingram@acslawyers.com

Does Your 998 Offer to Compromise Include Attorneys’ Fees and Costs?

June 15, 2017 — Anthony J. Carucci - Snell & Wilmer Real Estate Litigation Blog
In California, the “prevailing party” in litigation is generally entitled to recover its costs as a matter of law. See Cal. Code Civ. Proc. § 1032. But under California Code of Civil Procedure section 998, a party may make a so-called “offer to compromise,” which can reverse the parties’ entitlement to costs after the date of the offer, depending on the outcome of the litigation. Cal. Code Civ. Proc. § 998. The potential payoff of a 998 offer to compromise is explained in section 998(c)(1):

If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the plaintiff shall not recover his or her postoffer costs and shall pay the defendant’s costs from the time of the offer.

Cal. Code Civ. Proc. § 998(c)(1) (emphasis added). The Basic Requirements for a Valid 998 Offer Pursuant to section 998(b), a 998 offer must satisfy three principal conditions: (1) it must be contained in a writing; (2) it must state the terms and conditions of the proposed judgment or award; and (3) it must contain a provision allowing the offeree to accept the offer by signing a statement to that effect. Cal. Code Civ. Proc. § 998(b). Read the court decision
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Reprinted courtesy of Anthony J. Carucci, Snell & Wilmer
Mr. Carucci may be contacted at acarucci@swlaw.com

Vacant Property and the Right of Redemption in Pennsylvania

April 06, 2016 — Suzanne Prybella – White and Williams LLP
In Pennsylvania, pursuant to the Municipal Claims and Tax Liens Act (53 P.S. §7293(a)) (the Act), the owner of a property sold under a tax or municipal claim may redeem the sold property at any time within nine months after the date of acknowledgment of the sheriff's deed by, in general, paying the amount of the debt. However, there is a caveat contained in the Act with respect to vacant property, which states that “there shall be no redemption of vacant property by any person after the date of the acknowledgment of the sheriff's deed.” (53 P.S. §7293(c)). In Brentwood Borough School District v. HSBC Bank USA, N.A., 111 A.3d 807 (Pa. Commw. Ct. 2015), a case of first impression before the Commonwealth Court of Pennsylvania, the court addressed the definition of “vacant property” under the Act and the timing of a petitioner to invoke the right of redemption with respect to vacant property. Read the court decision
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Reprinted courtesy of Suzanne Prybella, White and Williams LLP
Ms. Prybella may be contacted at prybellas@whiteandwilliams.com

Ahlers, Cressman & Sleight PLLC Ranked Top Washington Law Firm By Construction Executive

July 06, 2020 — Joshua Lane - Ahlers Cressman & Sleight Blog
ACS is proud to announce that in its review of the top 50 national construction law firms, Construction Executive has ranked ACS as the top 23rd national firm, and first among firms with a majority of their attorneys based in Washington. Now in its 18th year of publication, Construction Executive is the leading trade magazine about the business of construction. In its June 2020 issue, CE published a comprehensive ranking of The Top 50 Construction Law Firms™ featuring breakouts and analysis accompanied by an article in which leading legal experts discuss the impact of the COVID-19 pandemic on the construction industry. To determine the 2020 ranking, CE asked hundreds of US law firms with a construction practice to complete a survey. Data collected included: 1) 2019 revenues from the firm’s construction practice; 2) number of attorneys in the firm’s construction practice; 3) percentage of firm’s total revenues derived from its construction practice; 4) number of AEC clients; and 5) the year in which the construction practice was established. The ranking was determined by an algorithm that weighted the aforementioned factors in descending order of importance. Read the court decision
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Reprinted courtesy of Joshua Lane, Ahlers Cressman & Sleight Blog
Mr. Lane may be contacted at joshua.lane@acslawyers.com

Eleven WSHB Lawyers Honored on List of 2016 Rising Stars

July 28, 2016 — Beverley BevenFlorez-CDJ STAFF
Wood Smith Henning & Berman LLP (WSHB) announced that eleven of their attorneys were recognized on the list of 2016 Rising Stars. According to their press release, “The attorneys honored on the Rising Stars list are 40 years or younger and demonstrate the finest qualities of a good lawyer: first-rate legal skills, preparation, judgment, creativity, dedication and ethics. No more than 2.5 percent of the lawyers in each state are named to Rising Stars.” The WSHB lawyers on the list practice out of Southern California, Northern California, the Pacific Northwest, Arizona, and Florida, and include Raymond Babaian, Emil Macasinag, Amy Pennington, Christopher Perez, Keith Smith, Kevin Gillispie, Alicia Kennon, Eugene Zinovyev, Timothyf Repass, Jodi Mullis, and Vincent Beilman. “We are pleased to have 11 of our best selected for this year’s lists,” said Dan Berman, Firm Chairman and Founding Partner. “We value our selections to Rising Stars because the choices come from our peers. It is truly an honor and a validation of all of the great work we do at WSHB.” Read the court decision
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Reprinted courtesy of

Feds Move To Indict NY Contractor Execs, Developer, Ex-Cuomo Aide

November 30, 2016 — Mary B. Powers – Engineering News-Record
Executives at Buffalo, N.Y.-based contractor LPCiminelli and developer COR Development, Syracuse, N.Y., were indicted Nov. 22 on charges of bribery, corruption and fraud in the award of hundreds of millions of dollars in construction contracts. Read the court decision
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Reprinted courtesy of Mary B. Powers, Engineering News-Record
ENR may be contacted at ENR.com@bnpmedia.com

Fourth Circuit Confirms Scope of “Witness Litigation Privilege”

November 21, 2018 — Anthony B. Cavender - Gravel2Gavel
On October 26, in the case of Day v. Johns Hopkins Health Sys. Corp., divided panel of the U.S. Court of Appeals for the Fourth Circuit affirmed the District Court’s ruling that the common law “Witness Litigation Privilege” protects an expert witness in a Black Lung Benefits Act benefits proceeding against civil claims that allege a federal RICO violation and Maryland state law claims for fraud, tortious interference, negligent misrepresentation and unjust enrichment attended the testimony of the expert witness. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Contractual Warranty Agreements May Preclude Future Tort Recovery

January 11, 2022 — Taylor Ostrowski - Colorado Construction Litigation Blog
When a buyer purchases a product that is later discovered to be defective, the court offers a remedy to make the buyer whole. Such remedies can arise either out of a contract, including express and/or implied warranties, or under common law through a tort theory. However, what happens when a buyer has already received the remedy specified in the contractual warranty, only to discover the product manufacturer misrepresented the quality of its product by failing to disclose a defect? Can the buyer subsequently recover for the same product under a tort theory of recovery? The Colorado Court of Appeals analyzed such questions in its December 2021 decision in Dream Finders Homes, LLC v. Weyerhaeuser NR Co., 2021 COA 143. In Dream Finders, the court examines the rights of sophisticated buyers who purchased defective products and received a warranty from the product manufacturer with purchase. The court specifically determines whether such buyers may recover under the tort theory product misrepresentation and failure to disclose when the buyers have already received the remedy specified and the warranty expressly excludes the type of damage the buyer now seeks. Read the court decision
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Reprinted courtesy of Taylor Ostrowski, Higgins, Hopkins, McLain & Roswell, LLC
Ms. Ostrowski may be contacted at ostrowski@hhmrlaw.com

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