FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Florida Governor Bans Foreign Citizens From Buying Land in Florida

May 29, 2023 — Michael Gnesin - Lewis Brisbois
Ft. Lauderdale, Fla. (May 19, 2023) - Florida Governor Ron DeSantis recently signed a bill prohibiting Chinese citizens who are not U.S. citizens or permanent residents from purchasing any residential or commercial land or farmland in Florida. Senate Bill 264, titled “Interests of Foreign Countries,” will prohibit Chinese nationals from buying land unless they are American citizens or permanent residents. The bill also imposes certain restrictions on Chinese citizens – and others, including Russians and Venezuelans – with non-tourist visas when it comes to buying land near a military base in Florida. For example, and in an exception to the new law, Chinese citizens with non-tourist visas would be limited to buying fewer than two acres of land that is at least five miles away from any military institutions. Senate Bill 264 reads in pertinent part:

…A foreign principal may not directly or indirectly own, have a controlling interest in, or acquire by purchase, grant, devise, or descent agricultural land or any interest, except a de minimis indirect interest, in such land in this state…. …A foreign principal may not directly or indirectly own, or have a controlling interest in, or acquire by purchase, grant, devise, or descent any interest, except a de minimis indirect interest, in real property on or within 10 miles of any military installation or critical infrastructure facility in this state…

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Reprinted courtesy of Michael Gnesin, Lewis Brisbois
Mr. Gnesin may be contacted at Michael.Gnesin@lewisbrisbois.com

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New York Restrictions on Flow Through Provision in Subcontracts

August 14, 2023 — Bill Wilson - Construction Law Zone
Most subcontracts include a flow through provision (also called flow down and incorporation clauses) stating that the subcontractor and contractor are bound by the same obligations as set forth in the prime contract between the contractor and owner. Many jurisdictions interpret such provisions narrowly, as illustrated in a recent case out of New York. In Amerisure Insurance Company v. Selective Insurance Group, Inc., 2023 WL 3311879, the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s interpretation of a flow through clause in a construction subcontract. The Amerisure case involved a dispute over insurance coverage for a personal injury to a subcontractor’s employee on a construction project. The owner of the project sought defense and indemnity from the general contractor (GC) and its insurance company, who in turn sought coverage for the owner as an additional insured under the subcontractor’s policy. The GC based its argument for coverage on the flow through provision in the subcontract. The prime contract required the GC to procure commercial liability insurance including the owner as an additional insured for claims caused by the GC’s negligent acts or omissions. The subcontract likewise required the subcontractor to procure commercial general liability insurance but required only that the GC be named as an additional insured. However, the subcontract also included a flow through clause, binding the subcontractor to the terms of the prime contract and assuming toward the GC all the obligations and responsibilities that the GC assumed toward the owner. However, the subcontract did not expressly require that the subcontractor name the owner as an additional insured, and in order for the owner to qualify as an additional insured under the subcontractor’s insurance policy, the subcontractor must have agreed in the subcontract to name the owner as an additional insured. Read the court decision
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Reprinted courtesy of Bill Wilson, Robinson & Cole LLP
Mr. Wilson may be contacted at wwilson@rc.com

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Free Texas MCLE Seminar at BHA Houston June 13th

May 29, 2014 — Beverley BevenFlorez-CDJ STAFF
There are just two weeks remaining to sign up for Bert L. Howe & Associate’s next Texas MCLE seminar, THE RESIDENTIAL CONSTRUCTION PROCESS & CONSTRUCTION DEFECT LITIGATION. This activity will be presented on Friday, June 13th at noon, at BHA’s Houston offices, located at: 800 Town & Country Blvd. Suite 300 Houston, TX 77024 There is no cost for attendance at this seminar and lunch will be provided. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 0.0 credit hours will apply to legal ethics/professional responsibility credit. The seminar will be presented by Don MacGregor, general contractor and project manager. Water intrusion through doors, windows and roofing systems, as well as soil and foundation-related movement, and the resultant damage associated therewith, are the triggering effects for the vast majority of homeowner complaints today and serve as the basis for most residential construction defect litigation. The graphic and animation-supported workshop/lecture activity will focus on the residential construction process from site preparation through occupancy, an examination of associated damages most often encountered when investigating construction defect claims, and the inter-relationships between the developer, general contractor, sub trades and design professionals. Typical plaintiff homeowner/HOA expert allegations will be examined in connection with those building components most frequently associated with construction defect and claims litigation. The workshop will examine: *Typical construction materials, and terminology associated with residential construction *The installation process and sequencing of major construction elements, including interrelationship with other building assemblies *The parties (subcontractors) typically associated with major construction assemblies and components *An analysis of exposure/allocation to responsible parties. Attendance at THE RESIDENTIAL CONSTRUCTION PROCESS & CONSTRUCTION DEFECT LITIGATION seminar will provide the attendee with: *A greater understanding of the terms and conditions encountered when dealing with common construction defect issues *A greater understanding of contractual scopes of work encountered when reviewing construction contract documents *The ability to identify, both quickly and accurately, potentially responsible parties *An understanding of damages most often associated with construction defects, as well as a greater ability to identify conditions triggering coverage Course #: 901290467 / Sponsor #: 14152. To register for the event, please email Don MacGregor at dmac@berthowe.com. If you have any questions, please feel free to contact Don at (800) 482-1822 (office) or (714) 713-4956 (cell). Read the court decision
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The Great London Property Exodus Is in Reverse as Tenants Return

June 06, 2022 — Lizzy Burden - Bloomberg
Tenants flocking to London are driving up rents in the capital, reversing the pandemic “race for space” and adding to the UK’s cost-of-living crisis. A record 30% of homes let in London this year went to people who previously lived outside the city, according to estate agent Hamptons. The surrounding areas of Berkshire, Buckinghamshire, Essex, Hertfordshire, Kent and Surrey –- known as the Home Counties – now account for more than half of tenants moving in. However, people are tending to move to London for lifestyle reasons rather than because they are being summoned back to the office, Hamptons said. Study and changes in family circumstances are often providing the trigger. Read the court decision
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Reprinted courtesy of Lizzy Burden, Bloomberg

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Colorado Drillers Show Sensitive Side to Woo Fracking Foes

September 03, 2014 — Zain Shauk and Bradley Olson – Bloomberg
A fight over fracking is looming in Texas. Another stand-off is shaping up in Colorado. Yet drillers’ reactions couldn’t be more different. In Texas, drillers are doing their noisy in-your-face fracking as usual. Meanwhile, on a small farm about an hour from the Colorado Rocky Mountains, the oil industry is giving fracking a makeover, cutting back on rumbling trucks and tamping down on pollution. Oil companies in Colorado are responding to a rising tide of resentment as local communities and environmental activists vie to impose measures to ban fracking or restrict drilling. A series of ballot initiatives and other grass roots opposition around the country is seen as threatening the booming shale industry, even in oil-friendly Texas, where the U.S. energy renaissance began. Reprinted courtesy of Zain Shauk, Bloomberg and Bradley Olson, Bloomberg Mr. Shauk may be contacted at zshauk@bloomberg.net; Mr. Olson may be contacted at bradleyolson@bloomberg.net Read the court decision
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Couple Claims Poor Installation of Home Caused Defects

December 30, 2013 — CDJ STAFF
Robert and Tracy Samosky of Spanishburg, West Virginia have filed a lawsuit claiming that the improper delivery of their modular home caused defects and damages, preventing them from actually using their home. The couple purchased a modular home from J&M Quality Construction for a home designed and built by Mod-U-Kraf Homes. They are suing the two firms for $50,000 in damages, reports the West Virginia Record. Read the court decision
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Top 10 Insurance Cases of 2020

January 11, 2021 — Grace V. Hebbel, Andrew G. Heckler & Jeffrey J. Vita - Saxe Doernberger & Vita P.C.
COVID-19 business interruption coverage litigation may have stolen the show in 2020, but those cases should not eclipse other important insurance coverage cases decided throughout this past year. As the courts nationwide struggled with the insurance coverage implications of COVID-19 related business loss, other significant coverage decisions were overshadowed. Read on to learn about how computer glitches, biometric privacy, and a falling wheelbarrow have all played a role in\ shaping some of the most interesting and influential insurance coverage decisions of 2020, as well as get a sneak peek at the key coverage decisions looming in 2021. Enjoy! 1. Nash Street, LLC v. Main Street America Assurance Company, No. 20389, 2020 WL 5415325 (Conn. 2020) Do exclusions k(5) and k(6) absolve an insurer of its duty to defend its insured for allegations of faulty workmanship? Reprinted courtesy of Grace V. Hebbel, Saxe Doernberger & Vita P.C., Andrew G. Heckler, Saxe Doernberger & Vita P.C. and Jeffrey J. Vita, Saxe Doernberger & Vita P.C. Ms. Hebbel may be contacted at GHebbel@sdvlaw.com Mr. Heckler may be contacted at AHeckler@sdvlaw.com Mr. Vita may be contacted at JVita@sdvlaw.com Read the court decision
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Carolinas Storm Damage Tally Impeded by Lingering Floods

October 09, 2018 — Jim Parsons & Tom Sawyer - Engineering News-Record
As October rolls in, slow-moving flood crests and sluggish drainage persisting weeks after the passage of Hurricane Florence are leaving large eastern areas in the affected states too inundated for accurate damage assessments. The extent of damage is still largely uncalculated. In some cases, it’s believed to be worsening. Reprinted courtesy of Jim Parsons, Engineering News-Record and Tom Sawyer, Engineering News-Record Mr. Parsons may be contacted at sawyert@enr.com Read the court decision
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