Fairfield Connecticut Building Expert Directory

Language California Construction Direct Contractors Must Add to Subcontracts Beginning on January 1, 2022, Per Senate Bill 727

December 20, 2021 — William L. Porter - Porter Law Group
Senate Bill No. 727, Imposing Liability on Contractors for Wage Claims of Subcontractor Employees: California Senate Bill 727 was approved by the Governor on September 27, 2021. The new Act amended Labor Code Section 218.7 and added a new section 218.8 to the Labor Code. Both Labor Code sections impose on “direct contractors” in the construction industry (defined by Civil Code 8018 as “a contractor that has a direct contractual relationship with an owner”) liability for the wage violations of their subcontractors and sub-subcontractors at any tier when working on California private construction projects. Specifically, new Section 218.8 expands the liability of direct contractors for wage claims of the employees of subordinate subcontractors on projects for contracts executed beginning on January 1, 2022. The liability of the direct contractor under Labor Code 218.8 will include “any debt owed to a wage claimant or third party on the wage claimant’s behalf, incurred by a subcontractor at any tier acting under, by, or for the direct contractor.” Specifically included as listed liabilities of the direct contractor are: “any unpaid wage, fringe or other benefit payment or contribution, penalties or liquidated damages, and interest owed by the subcontractor on account of the performance of the labor.” Read the court decision
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Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

Orange County Home Builder Dead at 93

April 25, 2012 — CDJ STAFF

Randall E. Presley was a homebuilder in Southern California for more than thirty years, acting as head of Presley Development Company from 1956 until selling the firm to Lyon Homes in 1987. The two companies merged in 1991 as the Presley Cos. Mr. Presley saw the need in the 1950s to provide people in Southern California with low- to medium-priced quality homes.

His firm built more than 160 communities and was among the ten largest homebuilding firms in the country, expanding beyond California. Mr. Presley was 93 when he succumbed to pneumonia. He is survived by a wife, three children, seven grandchildren, and 11 great-grandchildren.

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A Trivial Case

November 07, 2022 — Garret Murai - California Construction Law Blog
Construction defect cases leading to physical injury are rarely trivial, at least in the eyes of the injured party, but alas sometimes they are as the next case, Nunez v. City of Redondo Beach, 81 Cal.App.5th 749 (2022), demonstrates. The Nunez Case Monica Nunez, Vice President of Finance and Accounting at a restaurant chain and a part-time fitness instructor at a gym, tripped and fell on a public sidewalk in Redondo Beach. Ms. Nunez, who was in her forties, tripped following a group run when her back foot hit a sidewalk slab that was elevated at its highest point approximately 11/16 inches. Ms. Nunez landed on her left knee and right arm and in the process fractured her kneecap and elbow. Ms. Nunez sued the City of Redondo Beach for her injuries alleging causes of action for dangerous conditions on public property under Government Code section 835, nuisance under Government Code section 815.2, and failure to perform a mandatory duty under Government Code section 815.6. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Concerns Over Unstable Tappan Zee Bridge Push Back Opening of New NY Bridge's Second Span

October 02, 2018 — The New York Daily News - Engineering News-Record
Sept. 08 --Big bridge, big scissors, big problems. A day after an elaborate ribbon-cutting ceremony, the grand opening of the second span of the new Gov. Mario M. Cuomo bridge was postponed over concerns that the remains of the "destabilized" and "dangerous" Tappan Zee Bridge could collapse. Read the court decision
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Reprinted courtesy of Engineering News-Record
ENR may be contacted at ENR.com@bnpmedia.com

Engineer Proposes Slashing Scope of Millennium Tower Pile Upgrade

January 03, 2022 — Nadine M. Post - Engineering News-Record
Based on further structural analysis and the success of a pilot program that installed three permanent piles using modified procedures, the structural engineer-of-record for the delayed perimeter pile upgrade of the 645-ft-tall Millennium Tower in San Francisco has proposed a significantly reduced scope for the project that he says would still arrest settlement and allow the slow recovery of some of the condominium building’s tilt. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
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Quick Note: Can a Party Disclaim Liability in their Contract to Fraud?

April 11, 2022 — David Adelstein - Florida Construction Legal Updates
It is possible for a party to contractually disclaim or otherwise foreclose liability to a fraud claim. However, let’s be honest. It can be done, but rarely is and would require very specific language to EXPLICITLY disclaim or foreclose such liability to a fraud claim. A recent case, discussed here, exemplifies this point where as-is language in a purchase-and-sale agreement was NOT specific to contractually foreclose or disclaim liability to a fraud claim. For a party to contractually waive a fraud claim, there needs to be an express waiver of liability for fraud that might have been made and that any fraudulent misrepresentation, if such fraud was committed, was disclaimed and would not destroy the validity of the parties’ contract. 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

West Coast Casualty Construction Defect Seminar Announced for 2014

October 30, 2013 — CDJ STAFF
Organizers describe the even as “America’s largest, America’s favorite, America’s best construction defect seminar.” And in 2014, they will hold the twenty-first of these annual construction defect seminars. As for size, last year’s event comprised 1,614 attendees, travelling not only from across the county, but from outside the United States as well. West Coast Casualty is beginning to line up its speakers for next May’s seminar. The organizers are asking speakers to submit proposed topics by November 25 and the list will be finalized on December 15. The theme for the event will be “Back to Business … Working Smarter … Not Harder.” While West Coast Casualty is looking for topics that focus on the central theme, they are also interested in presentations on emerging trends in construction defect litigation. In addition to seminars, there will be booths for many of the companies in the construction defect resolution industry, demonstrating products and services of use to professionals in the field. This gives attendees a chance for less-structured interaction than is possible within a seminar. Continuing education credits were granted for the 2013 seminar by a lengthy list of organizations, which included the Bar Associations of 22 states and the Departments of Insurance of 35. The 2014 West Coast Casualty Construction Defect Seminar will be held May 15 and 16 at the Disneyland Hotel and Resort. During the seminar comes the awarding of the prestigious Jerrold S. Oliver Award of Excellence, named in honor of the late Judge Jerrold S. Oliver, who was known for his skills as a mediator. In 2013, the “Ollie” was awarded to Margie Luper in acknowledgement of her contributions to the betterment of the construction defect resolution field. The recipients of the Jerrold S. Oliver Award of Excellence are selected by the votes of about 6,000 industry professionals. Read the court decision
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What the FIU Bridge Collapse Says About Peer Review

September 23, 2019 — Richard Korman & Scott Judy - Engineering News-Record
Attorneys for families of the six people who were killed and for survivors of 2018’s Florida International University pedestrian bridge collapse say Louis Berger Group is the last defendant that has not yet agreed to settle lawsuits in state court in Miami. The legal actions target companies that designed and built the bridge. Reprinted courtesy of Richard Korman, Engineering News-Record and Scott Judy, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Mr. Judy may be contacted at judys@enr.com Read the court decision
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