Fairfield Connecticut Building Expert Directory

Need to Cover Yourself for “Crisis” Changes on a Job Site? Try These Tips (guest post)

July 02, 2018 — Melissa Dewey Brumback – Construction Law in North Carolina
Today, we welcome back friend of the blog Christopher G. Hill. Chris is a LEED AP, a Virginia Supreme Court certified mediator, construction lawyer and owner of the Richmond, VA firm, The Law Office of Christopher G. Hill, PC. Chris authors the Construction Law Musings blog where he discusses legal and policy issues relevant to construction professionals. As construction professionals we’ve all been there. Something happens on a job site that requires immediate attention and possibly a changed sequence of work or possibly a change to a subcontractor’s scope. It could be a buried power line that Miss Utility failed to mark properly or an owner that wants a different HVAC configuration at the last minute. It could also simply be that it rained too much, and work had to slow down. The above examples are instances of items that are beyond the control of the general contractor or the subcontractors and are the type that require shifts in work schedules and changes in scope that must be dealt with on the fly and require quick decisions and immediate action if the project is to meet any time of completion reasonably close to that which is listed in the contract documents. It can often seem that there is no time to meet the written change order provisions of any well drafted construction contract. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

Florida High-Rise for Sale, Construction Defects Possibly Included

October 30, 2013 — CDJ STAFF
The owners of One Bal Harbour in Bal Harbour, Florida have filed for bankruptcy and are seeking to sell off the luxury condominium and hotel building. There have been problems with the building, including flooding and allegations of structural defects. The original developer went bankrupt and sold before the construction defect lawsuits begain. The building’s opening price of $13 million won’t wipe out Elcom’s $20 million in debt. Read the court decision
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Minneapolis Condo Shortage Blamed on Construction Defect Law

November 20, 2013 — CDJ STAFF
Demand for condos in the Minneapolis, Minnesota area is outstripping demand. Currently inventory of available condos represents less than four months’ worth of sales. But despite the demand, only three condominium buildings are under construction in the Minneapolis metropolitan area. Some blame this on difficulty in finding financing, where some lenders are looking for projects to be sold before the builders get the money to build what they’ve just sold. Another problem is Minnesota construction defect law. “There are law firms in this town that have filed lawsuit after lawsuit on behalf of homeowners associations alleging construction defects,” said one builder, Kelly Doran, who now builds luxury apartment buildings. “”With that 10-year warranty, there’s no way I would build condos.” Read the court decision
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Defining a Property Management Agreement

June 22, 2020 — Bremer Whyte Brown & O'Meara LLP
This article will serve as a guide to what is needed in a Property Management Agreement to avoid potential real estate disputes between owners and property managers. What is a Property Management Agreement? With the known volatility in the stock market since the “Dot-com Bubble” in the late 1990’s the Financial Crisis spanning 2007 to 2009, and even today’s global market crash arising from the COVID-19 Pandemic, people have looked to invest in options such as real estate that have proven to be more stable than the fluctuating and uncertain stock market. Today, more than ever, people have recognized the benefits in real estate and diversified their investments to include the ownership of residential or commercial property. This has grown to become a lucrative source of income. Read the court decision
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Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

Preservationists Want to Save Penn Station. Yes, That Penn Station.

December 20, 2021 — Kriston Capps - Bloomberg
In November, as one of her first major acts since taking office, New York Governor Kathy Hochul pared back development plans for New York City’s Pennsylvania Station set in place by her predecessor, disgraced former governor Andrew Cuomo. The Cuomo plan would have greatly expanded Penn Station and upscaled the neighborhood; Hochul’s vision narrows the scope of work, but it still stands to dramatically transform the subterranean transportation hub, which has been the focus of various unrealized redesign dreams for decades. On Dec. 8, critics and supporters sounded off on the Penn Station scheme in a public hearing. More than 200 people registered to weigh in on how the 10 new skyscrapers coming to the area (shrunk down a bit under Hochul) would affect the scale and character of the community, and the historic buildings that would need to be razed to make way for new development. Read the court decision
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Reprinted courtesy of Kriston Capps, Bloomberg

COVID-19 Win for Policyholders! Court Approves "Direct Physical Loss" Argument

October 12, 2020 — Gregory D. Podolak & Christine Baptiste-Perez - Saxe Doernberger & Vita
Late last week, a Missouri federal district court provided a significant victory for insurance policyholders for COVID-19 losses. In Studio 417, Inc. v. The Cincinnati Insurance Company 6:20-cv-03127-SRB (W.D. MO, So. Div., Aug. 12, 2020), the Court was called upon to decide whether allegations involving the presence of COVID-19 in and around physical structures qualify as “direct physical loss or damage” to covered property. For those actively monitoring the COVID-19 insurance coverage litigation landscape, this has been a central question – and hotly contested debate – in virtually all first-party property and business interruption claims. Through a detailed and well-reasoned discussion, the Court answered the question with an emphatic “Yes.” The Plaintiffs – a proposed class of hair salons and restaurants - purchased “all-risk” property insurance policies (the “Policies”) from Cincinnati. The Policies provide that Cincinnati would pay for “direct ‘loss’ unless the ‘loss’ is excluded or limited.” They also defined a “Covered Cause of Loss” as “accidental [direct] physical loss or accidental [direct] physical damage.” The Policies did not contain a virus exclusion. Anecdotally, Cincinnati has been vocal about the general lack of virus exclusions on its standard forms, having recently publicized that the company considers such exclusions “unnecessary” because, in its view, “a virus does not produce direct physical damage or loss to property.” From Cincinnati’s perspective, the insuring agreement is not triggered by these events, so there’s no need to analyze exclusions. Cincinnati relied heavily on that analysis in this case. Reprinted courtesy of Gregory D. Podolak, Saxe Doernberger & Vita, P.C. and Christine Baptiste-Perez, Saxe Doernberger & Vita, P.C. Mr. Podolak may be contacted at gdp@sdvlaw.com Ms. Baptiste-Perez may be contacted at cbp@sdvlaw.com Read the court decision
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New Iowa Law Revises Construction Defects Statute of Repose

September 07, 2017 — David Suggs – Bert L. Howe & Associates, Inc.
Starting July 1st of this year, Iowa homeowners now have only ten years to file a claim against the builder instead of the fifteen years that was allowed previously, reported WZAD 8 News. Furthermore, commercial property owners will only have eight years to file their suits. Scott Webster, Vice President of the Quad Cities Builders and Re-modelers Association, told WZAD 8 News that insurance companies played a part in the change: “[I]nsurance companies were saying, Iowa is at such a long period of time for any kind of defect, that may be hard to prove whether the builder even did it or the homeowner modified the house.” However, Tom Miller, Iowa Attorney General, disagreed with the change in policy: “We think that it’s unfair to consumers, the defects in buildings and commercial buildings too, can show up very easily between eight and fifteen years out.” Read the court decision
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Visual Construction Diaries – Interview with Jeff Sassinsky of Fovea Aero

November 30, 2017 — Aarni Heiskanen - AEC Business
Jeff Sassinsky, President of Fovea Aero, gave me a live demonstration on Fovea Aero Vision – an app that allows you to a get a fully immersive visual construction diary of your project. The idea for the development of Fovea Aero Vision came from discussions with general contractors, owners, and other construction industry professionals. They were talking about the use of smartphones, particularly phone cameras, in construction. The photos, for example, of a fitting that does not look right end up in a folder on a server or goes back and forth in email messages. “The lack of any structure behind both the collection and the storage and sharing of the photos is hampering their usage,” Jeff said. “We wanted to solve the problem by creating a full record of everything that takes place on a construction site, on a regular basis, sharing it among the stakeholders, and making it super easy to use.” Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at info@aepartners.fi

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES