Fairfield Connecticut Building Expert Directory

How the Jury Divided $112M in Seattle Crane Collapse Damages

April 04, 2022 — Richard Korman - Engineering News-Record
The jury verdict in a wrongful death lawsuit against companies involved in a 2019 Seattle crane collapse that killed four people split damages among three different companies—and also blamed a fourth firm that wasn't a defendant—but not in a way that matched the state safety fines proposed against the firms. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
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Brooklyn’s Industry City to Get $1 Billion Modernization

March 12, 2015 — David M. Levitt – Bloomberg
(Bloomberg) -- A late 19th century industrial complex on New York’s Brooklyn waterfront is slated for a $1 billion makeover that aims to transform the property into a modern hub for manufacturing and technology. The owners of Industry City, Atlanta-based Jamestown and its partners, plan to invest about $890 million over the next 12 years, and anticipate tenants will put in about $150 million of their own money, according to a proposal announced Monday. The project will create one of the largest centers for the “innovation economy” in the U.S., and one of New York’s biggest engines of job growth, said Andrew Kimball, chief executive officer of Industry City. Read the court decision
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Reprinted courtesy of David M. Levitt, Bloomberg
Mr. Levitt may be contacted at dlevitt@bloomberg.net

Insurer Not Entitled to Summary Judgment Based Upon Vandalism Exclusion

June 18, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The court denied the insurer's motion for summary judgment on plaintiff's breach of contract claim because there was a disputed issue of fact regarding the applicability of the vandalism exclusion. Poole v. Untied Servs. Auto. Assn., 2014 N.Y. Misc. LEXIS 2394 (N.Y. Sup. Ct. May 16, 2014). The plaintiff rented a residence to tenants. The tenants performed repairs to the residence which resulted in damage in excess of $126,000. The tenants vacated the residence. The plaintiff submitted a claim to USAA for benefits under her homeowners' policy. USAA denied coverage based upon exclusions for damage caused by, among other things, faulty workmanship, renovation and remodeling. Plaintiff sued and USAA moved for summary judgment. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Freddie Mac Eases Mortgage Rules to Limit Putbacks

May 13, 2014 — Clea Benson and Jody Shenn - Bloomberg
Freddie Mac, which along with Fannie Mae has forced home lenders to buy back tens of billions of dollars of flawed mortgages, said the companies are loosening rules that made banks more cautious about extending credit. The government-backed companies will expand the pool of loans that become exempt from putback requests, Freddie Mac (FMCC) said in a memo to lenders today. Under the new rules, loans will typically be spared from such demands if borrowers make 34 of their first 36 scheduled monthly payments. Previously, borrowers needed to avoid delinquency for the first three years. Ms. Benson may be contacted at cbenson20@bloomberg.net; Ms. Shenn may be contacted at jshenn@bloomberg.net Read the court decision
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Reprinted courtesy of Clea Benson and Jody Shenn, Bloomberg

Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert

December 04, 2023 — Todd Heffner & Di'Vennci Lucas - The Dispute Resolver
A recent decision by the Georgia Court of Appeals, Munro v. Georgia Department of Transportation, highlights how overly specific and inflexible rules of evidence can create peculiar results. Munro involved a dispute over the design of a Georgia intersection. No. A23A0404, 2023 WL 4194716 (Ga. Ct. App. June 27, 2023). The plaintiff alleged that the defendant improperly designed the intersection, never corrected that improper design, and failed to properly maintain the intersection. These claims were dismissed for a very odd reason: the plaintiff’s expert witness wasn’t old enough. The case arose from a car accident. A vehicle in which the plaintiff Munro was a passenger collided with a tractor trailer crossing an intersection. Munro sued the Georgia Department of Transportation (DOT) for negligently designing, maintaining, and inspecting the intersection. The DOT filed a motion to dismiss for lack of subject matter jurisdiction on the ground of sovereign immunity and a motion to exclude the testimony of the Munros’ expert witness, among other motions. The trial court dismissed the case in full on the sovereign immunity ground and denied the other motions as moot. The Munros appealed. Reprinted courtesy of Todd Heffner, Troutman Pepper and Di'Vennci Lucas, Troutman Pepper Read the court decision
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Mr. Heffner may be contacted at todd.heffner@troutman.com

Trump Sues Casinos to Get Conditions Fixed or Name Off

August 06, 2014 — David Voreacos – Bloomberg
Donald Trump sued two Atlantic City casinos that he no longer operates to force their owner either to improve “appalling” conditions or remove his name in a market where gamblers are fleeing and bankruptcies are rising. Trump Plaza Hotel & Casino and Trump Taj Mahal fail to meet industry standards for cleanliness, hotel services and food and beverages, according to a complaint filed yesterday in state court in Atlantic City, New Jersey. Trump wants a judge to compel Trump Entertainment Resorts Inc., which he once controlled, to correct the shortcomings or jettison his name. The Trump Entertainment Resorts website includes his photograph above this quote: ``The Trump casinos in Atlantic City are among the finest and most luxurious resorts you'll find anywhere in the world. I personally invite you to experience everything that we have to offer.'' Trump Plaza is set to close Sept. 16, putting 1,000 people out of work. Read the court decision
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Reprinted courtesy of David Voreacos, Bloomberg
Mr. Voreacos may be contacted at dvoreacos@bloomberg.net

Foreign Entry into the United States Construction, Infrastructure and PPP Markets

September 11, 2023 — Robert A. James - Gravel2Gavel Construction & Real Estate Law Blog
Two major forces are combining to create extraordinary opportunities for infrastructure project participants in the United States. One is the long pent-up demand for overhaul of the nation’s roads, ports, dams and other civil works. The American Society of Civil Engineers (ASCE) routinely awards “C-” or worse grades for the status and safety of the country’s backbone facilities. The lack of prior investment is apparent to anyone who uses public transit in the U.S. and then uses similar conveniences in major cities around the globe. The other is the set of political incentives laid down by recent legislation including the Infrastructure Investment and Jobs Act and the Inflation Reduction Act, which have authorized over $1 trillion for programs, many of which call for new and expanded facilities. According to the 2023 U.S. Construction Industry Databook Report, the national construction market is expected to record a compound annual growth rate of 5.2% during 2023 – 2027, and the aggregate output is expected to reach $1.7 trillion by 2027. Read the court decision
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Reprinted courtesy of Robert A. James, Pillsbury
Mr. James may be contacted at rob.james@pillsburylaw.com

Green Investigations Are Here: U.S. Department of Justice Turns Towards Environmental Enforcement Actions, Deprioritizes Compliance Assistance

January 10, 2022 — Karen C. Bennett, R. Morgan Salisbury, Sean P. Shecter & Rose Quam-Wickham - Lewis Brisbois
Washington, D.C. (January 4, 2022) - Two high-ranking Department of Justice (DOJ) officials announced that the Biden Administration is prioritizing environmental regulatory enforcement over compliance assistance. Todd Kim, Assistant Attorney General for the DOJ’s Environment and Natural Resources Division (ENRD), and Deborah Harris of the DOJ’s Environmental Crimes Section, indicated in mid-December 2021 that companies and individuals should expect more “vigorous enforcement,” with an emphasis on criminal enforcement. This new policy is in contrast to the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA)'s previous emphasis on compliance and pollution mitigation instead of enforcement actions under the prior administration. DOJ’s new policy of promoting enforcement actions is consistent with the Biden Administration’s overall efforts to prioritize environmental justice. In April 2021, as explained in a previous Lewis Brisbois Client Alert, OECA released two memoranda directing enforcement teams to consider a variety of tools to resolve enforcement actions, including increased inspections, restitution, and reparation for victims of environmental crimes and overstepping state regulators where necessary. Reprinted courtesy of Karen C. Bennett, Lewis Brisbois, R. Morgan Salisbury, Lewis Brisbois, Sean P. Shecter, Lewis Brisbois and Rose Quam-Wickham, Lewis Brisbois Ms. Bennett may be contacted at Karen.Bennett@lewisbrisbois.com Mr. Salisbury may be contacted at Morgan.Salisbury@lewisbrisbois.com Mr. Shecter may be contacted at Sean.Shecter@lewisbrisbois.com Ms. Quam-Wickham may be contacted at Rose.QuamWickham@lewisbrisbois.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES