Fairfield Connecticut Building Expert Directory

Miorelli Doctrine’s Sovereign Immunity in Public Construction Contracts — Not the Be-All and End-All

March 21, 2022 — David Adelstein - Florida Construction Legal Updates
In the Florida commercial contract public arena, there is a sovereign immunity doctrine known as the Miorelli doctrine after 1997 Florida Supreme Court decision, County of Brevard v. Miorelli Eng’g, Inc., 703 So.2d 1049 (Fla. 1997). This doctrine would apply to construction contracts between a contractor and a public body. Through the years, the Miorelli doctrine stands for the proposition in commercial transactions with a Florida public body “that the doctrine of sovereign immunity precludes recovery of the cost of extra work where claims for that extra work are ‘totally outside’ the terms of the contract.” Monroe County v. Ashbritt, Inc., 47 Fla.L.Weekly D594a (Fla. 3d DCA 2022). See also Asbritt, n.2 quoting Posen Construction v. Lee County, 921 F.Supp.2d 1350, 1356 (M.D.Fla. 2013) (“A claim for damages predicated on work ‘totally outside the terms of the contract‘ is barred by the doctrine of sovereign immunity, whereas damages caused by extra work done at the state’s behest and in furtherance of the contractual covenants (express or implied) are potentially recoverable.”) Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Homebuyers Aren't Sweating the Fed

December 17, 2015 — Rani Molla – BloombergGadfly
Home prices are escalating, but the culprit isn't the Federal Reserve. The Fed is expected to raise its benchmark rate for the first time since 2006, meaning mortgage rate hikes are likely to follow. Small mortgage-rate increases and, by extension, incrementally higher monthly mortgage payments, usually won't undermine sales because buyers aren't sensitive to small payment changes. Mortgage rates, still at historic lows, have already baked in an expected rate increase of 25 basis points, according to PwC Real Estate Advisory Leader Mitch Roschelle. The National Association of Home Builders Chief Economist David Crowe agrees, adding that the housing market could even digest a cumulative 50 basis point hike by the end of 2016. The real stress in the housing market is coming from somewhere else: labor shortages. Read the court decision
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Reprinted courtesy of Rani Molla, BloombergGadfly

Things You Didn't Know About Your Homeowners Policy

July 02, 2014 — Arthur Murray – Bloomberg
Think you know everything about your home insurance policy? Is that because you understand the difference between dwelling coverage and personal liability protection? Because you know that floods aren’t covered by standard home insurance? Think again. You might know more than most, but you probably don’t know everything about your policy — unless you’ve read the fine print and committed it to memory. And who’s got time for that? However you don’t want to find yourself stuck without coverage you thought you had. Here are some lesser known coverage nuances you likely weren’t aware of. Read the court decision
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Reprinted courtesy of Arthur Murray, Bloomberg

New York Court Grants Insured's Motion to Dismiss Construction Defect Case and Awards Fees to Insured

February 05, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The New York Supreme Court granted the insured's motion to dismiss the insurer's complaint seeking relief on its duty to indemnity and awarded fees to the insured. Utica Mut. Ins. Co. v. Crystal Curtain Wall Sys. Corp., 2023 N.Y. Misc. LEXIS 22368 (N.Y. Sup. Ct. Nov. 27, 2023). The case arose from a construction-related property damage action. Crystal entered a subcontract with the general contractor to design and install window and curtain systems in mixed residential and commercial buildings. When unit owners took possession, water infiltration during a rainstorm caused property damage and moldy conditions. The unit owners sued asserting claims against Crystal for the cost of repair or replacement of the allegedly defective curtain wall, damage to unit owners' personal property, diminution in value of the units, and delay damages consisting of increasing interest and carrying costs. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Justice Dept., EPA Ramp Up Environmental Justice Enforcement

May 30, 2022 — Pam McFarland - Engineering News-Record
The U.S. Justice Dept. plans to launch a new office within its Environment and Natural Resources Division that will focus on enforcing environmental laws in communities that are most affected by pollution and environmental-related crimes, administration officials said May 5. Reprinted courtesy of Pam McFarland, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Read the full story... Read the court decision
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Pallonji Mistry, Indian Billionaire Caught in Tata Feud, Dies at 93

August 15, 2022 — Bhuma Shrivastava - Bloomberg
Pallonji Mistry, the Indian-born billionaire whose engineering empire built luxury hotels, stadiums, palaces and factories across Asia and whose family’s epic showdown with the Tata Group sparked India’s biggest corporate feud, has passed away in Mumbai. He was 93. A company spokesperson confirmed the death of the Indian tycoon after social media posts on the news spread. Mistry and his family control the Shapoorji Pallonji Group, which started more than 150 years ago and today employs more than 50,000 people in over 50 countries, according to its website. Its landmark projects include the Reserve Bank of India and the Oberoi Hotel in Mumbai and the blue-and-gold Al Alam palace for the Sultan of Oman. Read the court decision
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Reprinted courtesy of Bhuma Shrivastava, Bloomberg

The Families First Coronavirus Response Act: What Every Employer Should Know

April 06, 2020 — Donald A. Velez, Karissa L. Fox & Sarah K. Carpenter - Smith Currie
Smith Currie provides this update regarding the Families First Coronavirus Response Act as part of its continuing effort to monitor developments concerning the Coronavirus disease (“COVID-19”) and provide guidance as to potential issues that may arise in businesses across the United States. On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (the “Act”), which contains provisions requiring certain private employers to provide paid leave to employees who cannot work because of Coronavirus, expanding Family and Medical Leave Act coverage, providing for federal tax credits to affected employers, and providing eligible states the ability to further fund their unemployment trust fund accounts. The Act is effective as of April 2, 2020 and will remain in place through December 31, 2020. Below, we provide a summary of the Act and several of its key components, including the Emergency Family and Medical Leave Expansion Act (“EFMLEA”), the Emergency Paid Sick Leave Act, and the Emergency Unemployment Insurance Stabilization and Access Act. Reprinted courtesy of Smith Currie attorneys Donald A. Velez, Karissa L. Fox and Sarah K. Carpenter Mr. Velez may be contacted at davelez@smithcurrie.com Ms. Fox may be contacted at klfox@smithcurrie.com Ms. Carpenter may be contacted at skcarpenter@smithcurrie.com Read the court decision
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City Drops Impact Fees to Encourage Commercial Development

November 08, 2013 — CDJ STAFF
The Orvido, Florida city council wants to encourage commercial development, and they’re willing to do it by discouraging residential development. The impact fees for commercial buildings have dropped sharply, the Orlando Sentinel notes that for a 50,000 square-foot office building, the city is reducing the impact fee from $2,890 to $1,575, a drop of $1,313, nearly half. Meanwhile, the impact fee for single-family homes has seen an increase of seven percent, going from $3,195 to $3.433. The city is clear about its reasons. “We’re very heavy on the residential side. We want to have more high-paying jobs come into the city,” said Keith Britton, a member of the council. Read the court decision
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