Fairfield Connecticut Building Expert Directory

Dealing with Abandoned Property After Foreclosure

April 10, 2019 — Bremer Whyte Brown & O'Meara LLP
California landlords must follow very specific steps before disposing of property that is clearly abandoned, left on real estate which has been the subject of court proceedings such as eviction or foreclosure, or otherwise left behind. Following the statutory procedures relating to abandoned property protects landlords from potential liability for an improper “conversion.” Former tenants/owners and others “reasonably believed” to be owners of the apparently abandoned personal property must be given proper written notice of the right to reclaim the abandoned property. The tenant is presumed to be the owner of any “records” remaining on the property. The California Code of Civil Procedure provides a template for such notice. The notice to be provided to former tenants/owners must be in “substantially” the same form provided in the California Code of Civil Procedure and must contain the following information:

A description of the abandoned property in a manner reasonably adequate to permit the owner of the property to identify it;
The location where the tenant can claim the property;
The time frame that the tenant has to claim the property. The date specified in the notice shall be a date not less than fifteen (15) days after the notice is personally delivered or, if mailed, not less than eighteen (18) days after the notice is deposited in the mail;
A statement that reasonable storage costs will be charged to the tenant/owner and the tenant/owner must pay those costs before claiming the property; and

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Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

The Increasing Trend of Caps in Construction Contracts and Negotiating Them

November 27, 2023 — Jarred Trauth - ConsensusDocs
Risks are inherent in every construction project and all parties involved face them: owners, designers, general contractors/builders, subcontractors, suppliers…. Equitably allocating such risks is one of the most important and most negotiated areas of any construction related contract. Limitations of liability provisions are key to risk allocation. These provisions include no damage for delay provisions and caps on delay damages, warranty limitations and exclusions, indemnity limitations, and consequential damage waivers. Another, and the focus of this article, is a liability cap fixing the total amount of damages for which a party may be liable under the contract (the “Liability Cap”). Liability Caps have become more and more common in construction and construction related contracts, including major component supply agreements and design agreements. This article will discuss Liability Caps generally and considerations of an owner or contractor negotiating them, including carve-outs (i.e. exceptions) to them. Read the court decision
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Reprinted courtesy of Jarred Trauth, Jones Walker LLP
Mr. Trauth may be contacted at jtrauth@joneswalker.com

Construction Halted in Wisconsin Due to Alleged Bid Issues

March 26, 2014 — Beverley BevenFlorez-CDJ STAFF
A $9 million construction project in Middleton, Wisconsin has been halted due to an allegation that the construction company, Newcomb, did not comply with the advertised bid requirements and they were not the lowest bidder, according to the Wisconsin State Journal. “Dane County Judge Rhonda Lanford issued a temporary restraining order at the request of Associated General Contractors of Wisconsin asking the city to stop work on the…facility,” the Wisconsin State Journal reported. “We are pleased with the court’s decision. Fairness and transparency in public contracting is critical for the industry,” Robert Barker, Associated’s executive vice president, told the Wisconsin State Journal. “The city must abide by the rules so that all bidders are given a fair shake.” However, the city stated that Newcomb was the construction company with the lowest bid in that category. Read the court decision
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University of California Earthquake Report Provides List of Old Concrete Buildings in LA

January 22, 2014 — Beverley BevenFlorez-CDJ STAFF
According to a list provided to the city of Los Angeles by the University of California, there are “about 1,500 old concrete buildings that are potentially at risk of collapse during an earthquake,” the Los Angeles Times reported. The list can help the city identify “concrete buildings most likely to fail in an earthquake.” The report, however, “does not amount to a list of dangerous buildings,” the university scientists told the Los Angeles Times. It is a list of concrete buildings built before 1980. Some of the “buildings are vulnerable, others are not.” Concrete buildings pose a potentially dangerous threat, reported the Los Angeles Times: “After the Northridge earthquake caused two concrete buildings to collapse and severely damaged others, structural engineers warned that the collapse of a single concrete building ‘has the potential for more loss of life than any other catastrophe in California’ since the 1906 San Francisco earthquake.” Eric Garcetti, Los Angeles Mayor, has asked Lucy Jones, a U.S. Geological Survey seismologist, to act as his science advisor on earthquake issues. Garcetti has asked Jones “to come up with recommendations by the end of the year on retrofitting issues, including how to get privately owned concrete buildings retrofitted.” Read the court decision
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The Court-Side Seat: FERC Reviews, Panda Power Plaints and Sovereign Immunity

April 26, 2021 — Anthony B. Cavender - Gravel2Gavel
This is a brief report on new environmental law decisions, regulations and legislation. THE U.S. SUPREME COURT Massachusetts Lobsterman’s Association v. Raimondo, Secretary of Commerce On March 22, 2021, the Supreme Court rejected a petition to review a Presidential decision to invoke the Antiquities Act of 1906 to designate as a monument “an area of submerged land about the size of Connecticut” in the Atlantic Ocean. This action forbids all sorts of economic activity, which compelled the filing of litigation in the First Circuit challenging this designation. Chief Justice Roberts supported the Court’s denial of certiorari, but remarked that a stronger legal case may persuade the Court to review such liberal uses of the Antiquities Act. 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

The Power of Planning: Four Key Themes for Mitigating Risk in Construction

November 09, 2020 — Zac Hays - Construction Executive
Construction is, and always has been, known as a relatively risky business. Whether it is dealing with factors that can be controlled or beyond control, proactively managing risk has proven to be of the most critical factors in delivering quality projects faster, more efficiently and with wider margins. Many people assume on-site activities introduce the greatest amount of uncertainty and potential risk. But many mistakes in construction originate in the planning phase – meaning preconstruction is ripe with opportunity to be the most effective place for mitigating risk, saving money and ultimately broadening margins. There are many ways to mitigate risk before projects even start, but four key themes emerge to be clear, repeatable opportunities for success. DIGITIZE THE PLANNING PHASE Preconstruction is where ideas are brought to life by translating architectural designs into a real, constructible plan. Decisions made at this stage can determine the project’s success and profitability – but it’s far from straightforward. Estimating, scheduling and planning are highly complex activities that depend on constantly changing details and are all areas where missed information or miscommunication can lead to costly rework down the line. Reprinted courtesy of Zac Hays, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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How to Get Your Bedroom Into the Met Museum

February 23, 2016 — James Tarmy – Bloomberg
A dressing room, i.e., a large closet devoted explicitly to the putting on and taking off of clothing, has just gone on permanent display at the Metropolitan Museum of Art in New York. The room, labeled the Worsham-Rockefeller Dressing Room after its two previous owners, is a dizzying, gilded-age assemblage of competing wallpaper patterns, woodwork, and metal ornament. Still. The Met has one of the largest and most important collections of art in the world: Why did a dressing room end up migrating from a house slated for demolition on West 54th Street to a museum's hallowed halls? And what, for that matter, did every owner of the three-dozen period rooms do to get their homes on display? By narrating the history of the following rooms, three of the Met's curators have helped supply an answer to what it takes to get your bedroom into the Met. Read the court decision
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Reprinted courtesy of James Tarmy, Bloomberg

Federal Judge Strikes Down CDC’s COVID-19 Eviction Moratorium

March 29, 2021 — Zachary Kessler, Amanda G. Halter & Adam Weaver - Gravel2Gavel Construction & Real Estate Law Blog
A federal judge in Texas has declared the Centers for Disease Control and Prevention (CDC) eviction moratorium unconstitutional, holding that Article I’s power to regulate interstate commerce and enact laws necessary and proper for such regulation does not include the power to suspend residential evictions on a nationwide basis. While the court stopped short of issuing immediate injunctive relief, instead relying on the CDC to “respect the declaratory judgment” and withdraw the Order, the court stated that such relief would be available if the government does not comply with the decision. With this ruling, the most significant prohibition on residential evictions for nonpayment of rent is likely to be lifted, and many residential evictions halted or delayed under the Order may begin in earnest. While additional tenant protections remain in certain locales, this federal ruling increases the likely rate and pace of residential eviction activity across the country. The CDC Eviction Moratorium was a nationwide order enacted under the Trump Administration in an effort to reduce the adverse economic impacts of the ongoing COVID-19 pandemic on residential tenants, and as a public health measure to prevent displacement of individuals into living situations conducive to the spread of the COVID-19. The Order allowed tenants facing eviction due to financial strains caused by the pandemic to certify in writing to their landlord that they are unable to pay full rent and that eviction would likely lead to homelessness or force the individual into unsafe congregate or shared living quarters. The CDC issued the order under its emergency pandemic powers under the Public Health Service Act. Initially in effect through December 31, 2020, the Order was subsequently extended through March 31, 2021. Reprinted courtesy of Zachary Kessler, Pillsbury, Amanda G. Halter, Pillsbury and Adam Weaver, Pillsbury Mr. Kessler may be contacted at zachary.kessler@pillsburylaw.com Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES