Fairfield Connecticut Building Expert Directory

Where-Forum Art Thou? Is the Chosen Forum Akin to No Forum at All?

May 30, 2022 — William Doerler - The Subrogation Strategist
Many courts enforce forum selection clauses in contracts between parties. In W. Bay Plaza Condo. Ass’n v. Sika Corp., No. 3D21-1834, 2022 Fla. App. LEXIS 1637 (W. Bay Plaza), the Court of Appeal of Florida, Third District (Court of Appeal) answered the question of whether a mandatory forum selection clause in a manufacturer’s warranty was enforceable as to a condominium association, who was a non-signatory. The trial court enforced the forum selection clause – calling for litigation in New Jersey rather than Florida – and the Court of Appeal affirmed the ruling. As stated in W. Bay Plaza, in late 2013 and early 2014, West Bay Plaza Condominium Association (W.B. Plaza Condo. Ass’n) contracted with Built Right Installers International Corporation, R.J. Miranda Consultants, Inc. and UCI Engineering Inc. (collectively, the Construction Defendants) to have repairs done to the exterior of the property. In 2016, Sika Corporation (Sika), a New Jersey corporation, gave a five-year warranty to W.B. Plaza Condo. Ass’n for three sealant products used to repair the garage at the property. In 2019, W.B. Plaza Condo. Ass’n sued the Construction Defendants for breach of contract and professional negligence. Subsequently, W.B. Plaza Condo. Ass’n amended its complaint and filed a claim against Sika, alleging that Sika breached its warranty because its products failed to provide a watertight barrier. Sika filed a motion to dismiss the action, alleging that Florida was an improper venue because its’ warranty contained a mandatory forum selection clause. W.B. Plaza Condo. Ass’n argued that it was not bound by the forum selection clause because it was a non-signatory to the warranty and, even if it was bound by the clause, there were compelling reasons not to enforce it. Read the court decision
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Reprinted courtesy of William Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

Safety, Technology Combine to Change the Construction Conversation

September 30, 2019 — Neil Riddle & Brent Burger - Construction Executive
New technologies are redefining how to plan, build and deliver the full spectrum of construction projects. Automation, software and new processes are changing the construction industry in unprecedented ways, and construction management is evolving along with it. Construction companies are adapting—using innovative tools and resources, joined by more aggressive risk management and decision-making methods. All the while, safety remains at the heart of every successful new build. Envisioning the Modern Job Site Productivity has increased by leaps and bounds as processes have gotten faster and cheaper. Twenty years ago, the industry looked completely different— a $500 million project would have taken four years to deliver; today, it can be done in 29 months. These new projects are becoming incredibly complex as new technologies change the size and scope, giving rise to more specialization and fragmentation. Building projects faster with fewer people requires a whole new level of preparation. This is where advanced planning and advanced work packaging can play a big role—by informing exactly how the material is going to arrive, how it will be staged, how it will be fabricated and how the area can be best managed to deliver the work. Reprinted courtesy of Neil Riddle & Brent Burger, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Riddle may be contacted at RiddleRN@bv.com Mr. Burger may be contacted at BurgerBB@bv.com Read the court decision
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Construction Defects not Creating Problems for Bay Bridge

July 31, 2013 — CDJ STAFF
There might have been a number of problems with San Francisco’s new Bay Bridge, but despite all that, the Contra-Costa Times says that the experts say that there is no reason for panic. And although the chair of the Senate Transportation Committee, Mark DeSaulnier, has been a critic of the bridge, he says that he is “convinced the old bridge is unsafe.” Although DeSaulnier wants an independent review, construction of the bridge has been investigated by what the Times refers to as “dozens of internationally renowned bridge engineers and other experts.” According to the experts, the problems with the bridge fall in to three categories, ranging from the fixable, through the fixed, to those that were never actual problems. Of the last category, the Oakland Tribune reported in 2005 that construction workers claimed they were told to “conceal shoddy welds to speed up construction,” but the Federal Highway Administration outside experts found no evidence of bad welds. In another case, bad welds were discovered at the factory where a span was being constructed. The process was changed and the bad welds repaired. Caltrans has delayed the opening of the Bay Bridge to December 10. Earlier plans were to open the bridge in September. Read the court decision
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Recommencing Construction on a Project due to a Cessation or Abandonment

October 26, 2017 — David Adelstein - Florida Construction Legal Updates
There are instances where the owner of a construction project terminates its general contractor prior to the completion of the project. There are instances where the owner suspends the work prior to the completion of the project, meaning there is a cessation in the construction. And, there are instances where the project is simply abandoned. I have been involved in all instances, and the owner’s reasons vary…from an owner claiming a termination for default, termination for convenience, or a suspension or abandonment due to the market or financial factors. Regardless of the owner’s reasoning, at some point—hopefully—the owner will want to resume or, more properly stated, recommence construction and complete the project. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at Dadelstein@gmail.com

Texas Shortens Its Statute of Repose To 6 Years, With Limitations

October 02, 2023 — Jason Daniel Feld & Roni Most - Kahana Feld
Effective June 9, 2023, Texas has shortened its statute of repose from the existing 10-year statute for builders of new homes to 6-years under specific conditions. The significantly shorter statute of repose bars suits against construction contractors of detached one-and two-family homes and townhomes, filed six years after the substantial completion of such homes, where the contractor also furnished a written warranty in compliance with the statute. Notably, projects including apartments, mixed-use, and hotels are not covered by the new law. It is also noted that a grey area in the law exists as to whether condominiums will be covered by the statute. The statute of repose strictly bars the filing of any action, claim or arbitration demand regardless of when the injury was actually discovered (latent defects) and is separate and distinct from any applicable statute of limitations. The New Texas Statute of Repose Law Under the Texas Civil Practice & Remedies Code § 16.009, persons who construct or repair improvements to real property cannot be sued for defective or unsafe conditions of the property or deficiencies in the construction or repair of the improvement later than 10 years after substantial completion of the improvement, except in certain narrow circumstances. This statute is known as the “statute of repose.” The statute applies not only to suits for construction defects, but also personal injury, wrongful death, contribution, and indemnity. Reprinted courtesy of Jason Daniel Feld, Kahana Feld and Roni Most, Kahana Feld Mr. Feld may be contacted at jfeld@kahanafeld.com Mr. Most may be contacted at rmost@kahanafeld.com Read the court decision
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There's No Such Thing as a Free House

April 01, 2015 — Megan McArdle – Bloomberg
Should people be able to get a free house by refusing to pay their mortgage? That's the question Florida has to answer. The housing crisis is over, and the housing market is healing itself, though slowly in some places. But a backlog of foreclosures still remains ... and it has been going on so long that some homes are now past the statute of limitations for collecting debt. Lawyers for the homeowners are arguing that this means they get to keep the house. Lawyers for the banks are, unsurprisingly, arguing that each month they fail to pay the mortgage payment starts the statutory clock anew. Both arguments create problems if the courts endorse them. If failing to pay really restarted the clock every month, then there wouldn't be a statute of limitations on debt -- creditors could just keep sending you bills forever and dun you right up to the edge of your grave. There's a very good reason that we have statutes of limitations on most crimes and most debts: The law recognizes that our interests in justice and contract rights must be balanced against other considerations. People need to be able to plan their lives without decades-old problems coming back to bite them, and also, as cases age, they get harder and harder to prove as witnesses die, evidence gets lost and memories fade. Read the court decision
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Reprinted courtesy of Megan McArdle, Bloomberg
Ms. McArdle may be contacted at mmcardle3@bloomberg.net

Schools Remain Top Priority in Carolinas as Cleanup From Storms Continues

November 06, 2018 — Joanna Masterson - Construction Executive
A month after Hurricane Florence dumped more than 30 inches of rain on the Carolinas, Hurricane Michael delivered additional flash flooding, power outages and wind damage. While the construction-related impact of Hurricane Michael is still being assessed (stay tuned for more on that front in the coming weeks), Moody’s Analytics estimates total property damage from Florence at $17 billion to $22 billion, factoring in losses from homes, roads, crops, livestock, coal ash ponds and more. While it’s difficult to pinpoint which counties were hit the hardest, the majority of the damage was in the eastern coastal areas of North Carolina. According to Rob Beale, a vice president in W.M. Jordan’s Wilmington, North Carolina, office, Carteret and Onslow counties took the brunt of the storm, while Columbus and Brunswick counties experienced the biggest flooding impact. Reprinted courtesy of Joanna Masterson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Congratulations to BWB&O’s Newport Beach Team on Obtaining a Defense Verdict in Favor of their Subcontractor Client!

April 02, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara’s Newport Beach Partner Morgan Stiefel and Associate Brandon Cook obtained a defense verdict after years-long litigation in favor of their subcontractor client. This lawsuit stemmed from a claim made by Plaintiff for eye injuries arising out of claimed negligence and strict liability associated with our client’s performance of a sandblasting job at a construction site adjacent to Plaintiff’s home. Plaintiff alleges that while she was in her backyard, sand hit her in the eyes at a high velocity speed, resulting in permanent damage to her eyes. We argued our clients took all necessary safety precautions in the performance of this job, and Plaintiff’s eye irritation symptoms could not have been caused by our client. All of her alleged injuries were either pre-existing or could be explained by circumstances other than our client’s actions. Through expert testimony and our arguments, we were able to show the jury that Plaintiff lied about the sand entering her eyes at a high velocity and her symptoms being caused by our clients’ performance of the sandblasting job. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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