Fairfield Connecticut Building Expert Directory

Zetlin & De Chiara Ranked in the Top Tier for Construction Law by Legal 500 USA

June 21, 2021 — Zetlin & De Chiara LLP
Zetlin & De Chiara was named a Band 1 Construction Law firm in the United States by the Legal 500 US in its annual guide. Described as a "boutique construction law firm with a deep bench and understanding of how a construction project is built and how to address disputes when they happen," Zetlin & De Chiara is routinely involved in projects across the US and internationally. Legal 500 selected Michael Zetlin, Michael De Chiara and Michael Vardaro to the Leading Lawyers list. Michael De Chiara was praised as an "expert in the field." Michael Zetlin was lauded for his representation of national and multi-national construction companies as well as premier owners, developers and contractors. Other members of the "very pragmatic" team who were recognized were Tara Mulrooney and Jim Terry. The Legal 500 US 2021 guide is a highly regarded legal directory which annually ranks law firms and legal professionals. It highlights legal teams who are providing the most cutting edge and innovative advice to corporate counsel. Rankings are based on feedback from clients worldwide, submissions from law firms and interviews with leading private practice lawyers. About Zetlin & De Chiara: Zetlin & De Chiara LLP provides sophisticated legal and business counsel and advice to members of the construction community across the country including real estate owners and developers, design professionals, construction managers and contractors, and financial institutions. Read the court decision
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Reprinted courtesy of Zetlin & De Chiara LLP

Tarriffs, a Pandemic and War: Construction Contracts Must Withstand the Unforeseeable

May 16, 2022 — Brett Moritz, Adrian Bastianelli III & Adam Handfinger - Construction Executive
Since the tariffs on steel and the first wave of the COVID-19 pandemic, the construction industry has been reeling from the impact of material shortages and price increases, labor shortages, breakdowns in the supply chain and the inflationary effect of these issues. Unfortunately, the war in Ukraine has only exacerbated the situation. International conflicts can constrain supply, resulting in delays and price increases for contractors, subcontractors and suppliers. The disruption caused by the war is expected to be particularly acute due to the role that Russia and Ukraine play in the world economy and the effect of the economic sanctions that have been imposed on Russia by the United States and other countries. Russia controls approximately 10% of the global copper reserves and is estimated to produce about 10% of the world’s nickel supply. It also provides at least 30% of Europe’s oil and natural gas. Ukraine is a significant source of raw materials, such as iron. Thus, the war will cause significant shortages and price increases to the global construction industry. There are already reports of delays and cost increases for commodities such as nickel, aluminum, copper and—most importantly—steel, which have resulted in impacts to construction costs and schedules. Suppliers are especially sensitive to the volatile markets caused by these conditions. Some are insisting on automatic price increases in their purchase orders. All of this, not to mention the anticipation of what may come next, points to the necessity for a new paradigm to achieve a successful project. It is more important today than ever that owners, contractors, subcontractors and suppliers reasonably address the economic and time impacts of these unforeseeable events in preparing contracts for future work and in administering existing contracts. Otherwise, the risk of a default on more than one level may put projects in jeopardy, to no one’s benefit. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Insured's Lack of Knowledge of Tenant's Growing Marijuana Means Coverage Afforded for Fire Loss

August 17, 2020 — Tred R. Eyerly - Insurance Law Hawaii
The California Court of Appeals reversed the trial court's grant of summary judgment to the insurer regarding a claim for fire loss. Mosley v. Pacific Sec. Ins, Co., 2020 Cal. App LEXIS (Cal. Ct. App, May 26, 2020). The Mosleys rented their property to Pedro Lopez. Six months later, the property was damaged by fire. Lopez had tapped a main power line into the attic to power his energy-intensive marijuana growing operation. The illegal power line caused the fire. Pacific Specialty Insurance Company (PSIC) insured the property under an HO-3 Standard Homeowners policy. Paragraph E of the policy provided,

The growing of plants; or
The manufacture, production, operation or processing of chemical, biological, animal or plant materials.

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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Construction Litigation Roundup: “D’Oh!”

August 12, 2024 — Daniel Lund III - Lexology
The U.S. DOL found itself on June 24 on the wrong end of a preliminary injunction concerning recent changes to the Davis-Bacon Act. The lawsuit, initiated in Texas federal court by the Associated General Contractors of America and other concerned citizens, sought a preliminary injunction barring implementation and enforcement of “specified portions of § 5.2 and § 5.5(e) of the DOL’s ‘Updating the Davis-Bacon and Related Acts Regulations’” – the “Final Rule,” published August 23, 2023. After determining the appropriateness of the “standing” of the plaintiffs based upon the plaintiffs being “adversely affected” by the Final Rule, the federal court preliminarily enjoined enforcement of the Final Rule. In noting its disagreement with the Final Rule, the court stated:

“… the Final Rule amends the DBA [the Davis-Bacon Act] by imposing a stealth selfimplementing DBA requirement in the contract by an operation-of-law provision that contradicts the express statutory language of the Act [the court bristling at the idea that contracts might exclude with impunity the otherwise mandated DBA clauses]. Further, the Final Rule amends the Act to extend the DBA to apply to workers who are not mechanics and laborers, and to extend the scope of the work covered by DBA to include work is not performed ‘directly on the site of the work.’

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Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

A Closer Look at an HOA Board Member’s Duty to Homeowners

August 27, 2013 — Derek Lindenschmidt — Higgings, Hopkins, McLain & Roswell, LLC
Whenever a homeowner association (HOA) starts thinking in terms of a construction defect lawsuit against its developer and/or builder, its board members will inevitably be confronted with the purported risk and liability to their homeowners if they do not pursue the alleged defects and deficiencies brought to their attention. Not surprisingly, the board members are on occasion led to believe that pursuing such claims is synonymous with acting in the homeowners’ “best interests.” Further—and unfortunately—board members often feel as though they will breach their obligation to the homeowners if theydon’t agree to proceed with such claims. Nevertheless, how well do we really know what the board members’ duty actually consists of, when it applies, and what potential liability exists for a board member’s breach of same? The answers might surprise you. Read the court decision
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Reprinted courtesy of Derek Lindenschmidt
Derek Lindenschmidt can be contacted at lindenschmidt@hhmrlaw.com

Giant Floating Solar Flowers Offer Hope for Coal-Addicted Korea

March 21, 2022 — Heesu Lee - Bloomberg
More than 92,000 solar panels in the shape of plum blossoms, floating on the surface of a reservoir in South Korea, offer a vision of how land-scarce developed nations can overcome local resistance to giant renewable-energy projects. The 17 giant flowers on the 12-mile-long reservoir in the southern county of Hapcheon are able to generate 41 megawatts, enough to power 20,000 homes, according to Hanwha Solutions Corp., which built the plant. It’s one of the biggest floating solar plants in the world, and it’s in a nation that has been a laggard in adopting renewable energy, even though South Korea’s industrialized economy relies heavily on imported fossil fuels. Read the court decision
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Reprinted courtesy of Heesu Lee, Bloomberg

An Obligation to Provide Notice and an Opportunity to Cure May not End after Termination, and Why an Early Offer of Settlement Should Be Considered on Public Works Contracts

August 17, 2020 — Jeff Kaatz - Ahlers Cressman & Sleight
In 2015, the City of Puyallup (“City”) and Conway Construction Company (“Conway”) executed a public works contract for road improvements (“Project”). On March 9, 2016, approximately four months after work started on the Project, the City issued Conway a notice of suspension and breach of contract and identified nine defective and uncorrected work and safety concerns. Conway denied any wrongdoing, and on March 25, 2016, the City issued a notice of termination for default and withheld payments due to Conway. Conway subsequently filed suit in Pierce County Superior Court and alleged the City’s termination for default breached the contract and sought a determination that the City’s termination for default was improper and should be deemed a termination for convenience. Conway sought approximately $1.25 million in damages and recovery of its attorney fees and costs. Following a bench trial, the Trial Court found the City breached the contract and awarded Conway damages, attorney fees, and costs. The City appealed.[1] On appeal, after affirming the trial court’s determination that the City improperly terminated Conway, the Court of Appeals considered two other issues raised by the City. First, whether the City was entitled to a set-off for replacing defective work discovered after Conway was terminated. Second, whether Conway is entitled to attorney fees if it did not make the statutorily required offer of settlement per RCW 39.04.240. Read the court decision
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Reprinted courtesy of Jeff Kaatz, Ahlers Cressman & Sleight
Mr. Kaatz may be contacted at Jeff.Kaatz@acslawyers.com

An Architect Uses AI to Explore Surreal Black Worlds

October 24, 2023 — Kriston Capps - Bloomberg
For architect Curry Hackett, the appeal of using artificial intelligence to design projects isn’t to build the world of the impossibly distant future. Instead he wants to mine the near present, using machine learning to generate postcards from a world that is recognizably our own, but refracted through a lens of Black history and material design. Hackett is the designer behind a series of provocations made using AI to remix Black vernacular architecture in kaleidoscopic Afrofuturist landscapes. Specifically, he’s assembling images with Midjourney, an AI tool favored by architects to imagine what buildings might look like. Hackett’s prompts result in straightforward yet surreal sets, including roadside Popeyes kiosks in rural North Carolina, homes with inflatable porches in the Florida panhandle and park benches made out of the couch from grandma’s living room. Quilts, basket weaving and other cultural modes associated with American South are the building materials for Hackett’s speculative futures. Read the court decision
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Reprinted courtesy of Kriston Capps, Bloomberg

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