Fairfield Connecticut Building Expert Directory

Construction Defect Risks Shifted to Insurers in 2013

December 11, 2013 — CDJ STAFF
Recent court decisions have tended to view construction defects as covered under insurance policies, “allowing construction companies to shift the costs of their faulty workmanship to their insurers, thereby reversing the previous public policy trend against coverage for such claims.” John Husmann and Adam Fleischer of Bates Carey Nicolaides review some of the 2013 decisions that reversed “the previous public policy trend against coverage for such claims.” They note that “for some time, courts have recognized that there is a public policy against allowing construction companies to get paid to perform faulty workmanship, and then force their insurers to be the financers for the repair and replacement costs.” But in 2013, the courts “strayed from those public policy considerations upon which previous decisions relied.” With reference to specific cases and decisions, they discuss three ways in which the courts have change course. The first is whether faulty workmanship is an “occurrence.” The next is if faulty workmanship is covered when it damages non-faulty work of the same project. And finally, whether exclusions for particular parts of the property extend to the work done in that area. Read the court decision
Read the full story...
Reprinted courtesy of

Congratulations to BWB&O’s 2023 Super Lawyers Rising Stars!

June 26, 2023 — Bremer Whyte Brown & O'Meara LLP
BWB&O is excited to announce Partner Courtney Serrato and Associates Andrew Arakelian, Pamchal Deylami, and Brian Taylor have been selected in the 2023 Southern California Super Lawyers list as Rising Stars for their work in Family Law and Civil Litigation. To read Super Lawyers’ digital publication, please click here. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The objective of Super Lawyers’ patented multiphase selection process is to create a credible, comprehensive, and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Please join us in congratulating Courtney, Andrew, Pamchal, and Brian on achieving this level of recognition! Read the court decision
Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

Three White and Williams Lawyers Named Top Lawyers by Delaware Today

December 07, 2020 — White and Williams LLP
White and Williams is pleased to announce that John Balaguer, Managing Partner of the Wilmington office, Partner Stephen Milewski and Counsel Dana Spring Monzo have been chosen by their peers as Delaware Today's 2020 "Top Lawyers." The annual list recognizes John, Steve and Dana in the practice area of Medical Malpractice for the Defense. John has over 30 years of experience defending complex tort cases and is recognized as one of the leading trial lawyers in the State of Delaware. Steve has over 15 years of experience as a trial lawyer specializing in healthcare law, particularly defending hospitals, doctors and healthcare providers in medical negligence cases. Dana's practice is focused on complex civil litigation, primarily medical malpractice. For more than a decade she has represented the interests of physicians, hospitals and healthcare providers in Delaware. Read the court decision
Read the full story...
Reprinted courtesy of White and Williams LLP

Liability Policy’s Arbitration Endorsement Applies to Third Party Beneficiaries, Including Additional Insureds

May 11, 2020 — Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLP
In Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc. (No. C082841; filed 12/31/19, ord. pub. 1/28/20), a California appeals court held that a binding arbitration clause in an insurance policy extends to a third party, such as an additional insured. In Philadelphia v. SMG, Philadelphia issued a general liability policy to a youth organization, Future Farmers of America (FFA), that had contracted to use the Fresno Convention Center for its annual convention. The contract required FFA to obtain liability insurance and to name the property manager, SMG, and the City of Fresno, as additional insureds. Philadelphia issued FFA a commercial lines CGL policy with an endorsement affording coverage to “managers, landlords, or lessors of premises” for “liability arising out of the ownership, maintenance or use of that part of the premises leased or rented” to the named insured. It also covered “any person or organization where required by a written contract executed prior to the occurrence” but only for liability arising from the named insured’s negligence. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
Read the full story...
Reprinted courtesy of

Bill Proposes First-Ever Federal Workforce Housing Tax Credit for Middle-Class Housing

March 04, 2024 — Emily K. Bias & Brittany Griffith - Gravel2Gavel Construction & Real Estate Law Blog
Legislation was recently introduced to the U.S. Senate and House of Representatives proposing the creation of the first-ever Workforce Housing Tax Credit (WHTC) for middle-income housing developments. Similar to the existing Low-Income Housing Tax Credit (LIHTC), the WHTC would provide additional federal income tax credits to housing development projects for tenants making between 60% and 100% of Area Median Income (AMI). The allocation of WHTC would be based on a competitive bid process and awarded to developments over a 15-year credit period (as opposed to a 10-year credit period for LIHTC). Developments receiving allocations of WHTC will be subject to affordability requirements during the 15-year credit period and subsequent extended use period of at least 15 years. Reprinted courtesy of Emily K. Bias, Pillsbury and Brittany Griffith, Pillsbury Ms. Bias may be contacted at emily.bias@pillsburylaw.com Ms. Griffith may be contacted at brittany.griffith@pillsburylaw.com Read the court decision
Read the full story...
Reprinted courtesy of

Real Estate & Construction News Roundup (07/05/23) – A Hospitality Strike in Southern California, Agencies Step in With Lenders and the Social in ESG

August 14, 2023 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, we see promising developments for climate change action in commercial real estate, how homeowners are reacting to new energy concerns, the fallout of the U.S. debt ceiling fight on global M&A deals, and more!

There are new ways the commercial real estate sector can grow its commitment to climate goals and contributions to reducing its carbon footprint. (Mahesh Ramanujam, Forbes)
Thousands of hospitality workers in Southern California went on strike to demand higher wages, access to affordable family health care benefits and stronger workplace protections. (Julianne McShane, NBC)

Read the court decision
Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Construction and Contract Issues Blamed for Problems at Anchorage Port

August 27, 2013 — CDJ STAFF
A third-party audit of the construction at the Port of Anchorage has found fault with the design provided by the engineers. In response, PND, the engineering firm involved, has claimed that it was not their design, but faulty construction of it that lead to an interruption in the construction project. Separately, the Office of the Inspector General has called into question how MARAD, the agency which oversaw the port construction, handled the planning and contracts for the project. Control of the project has been taken over by the Municipality of Anchorage, and they have called into question PND’s open cell sheet pile design and PND’s design of the dock infrastructure. Simpson, Gumpertz and Heger reviewed the design, comparing it to a design provided by CH2M Hill, and found that the PND design was inadequate. A contract was subsequently awarded to CH2M Hill. Read the court decision
Read the full story...
Reprinted courtesy of

JAMS Announces Updated Construction Rules

June 21, 2021 — JAMS
Irvine, Calif. – JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce it has revised and updated its Construction Arbitration Rules & Procedures and Expedited Construction Arbitration Rules & Procedures, effective June 1. These Rules were updated to reflect the latest developments and trends in construction arbitration. In response to the transition to virtual and hybrid proceedings, Rule 22 makes explicit the arbitrator’s full authority to conduct the hearing in person, virtually or in a combined form, as well as with participants in more than one geographic location. To support access to case documents throughout the proceedings, Rule 8 aligns electronic filing and service with the functionality of JAMS Access, a centralized, secure online case management platform. Additional rules were created or revised to clarify and strengthen the authority of the arbitrator. Key changes include allowing an arbitrator to withhold approval of any intended change in party representation that could compromise the proceedings or the final award, to set a hearing without consulting a party that he or she reasonably believes will not participate and to permit a party to file a motion for summary disposition of a claim if the arbitrator believes that party has demonstrated the motion is likely to succeed. About JAMS – Local Solutions. Global Reach. Founded in 1979, JAMS is the largest private provider of alternative dispute resolution services worldwide. JAMS successfully resolves and manages business and legal disputes by providing efficient, cost-effective and impartial ways to overcome barriers at any stage of conflict. JAMS offers customized in-person, virtual and hybrid resolution services locally and globally through a combination of industry-specific experience, first-class client service, the latest technology and highly trained mediators and arbitrators. Read the court decision
Read the full story...
Reprinted courtesy of JAMS

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES