Fairfield Connecticut Building Expert Directory

Home Construction Slows in Las Vegas

November 27, 2013 — CDJ STAFF
Although home builders in the Las Vegas area are doing better than they were in 2012, growth is still slow and October saw a decline in the sale of new homes. However, as with other areas, the average home price actually increased over prior months, despite the cooling off the actual number of sales. Taken as a whole though, 2013 looks a lot better than 2012, with 44% more homes sold this year. Dennis Smith, the president of Home Builders Research said that 2013 “will be remembered as ‘the year of recovery,’” but added that “there is still a long path ahead for everyone to feel a sense of comfort.” Read the court decision
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Oregon Construction Firm Sued for Construction Defects

July 31, 2013 — CDJ STAFF
Home Forward, the housing authority in Multnomah County, Oregon, is suing Tom Walsh & Company over allegations of construction defects in low-income housing projects the firm built for the county. Walsh’s firm was hired about ten years ago to construct apartments in Portland and adjacent Gresham. But the housing authority claims that the buildings are suffering water damage. The authority requested that Tom Walsh & Company repair the problems. Walsh claimed that the problems were not due to construction defects, but to the agency’s failure to maintain the properties. Home Forward has gone forward with lawsuits of a combined $3.8 million. If the case goes to trial, according to Walsh, it will be only the second time for him in 50 years of business. Read the court decision
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Unlicensed Contractors Caught in a Sting Operation

March 19, 2015 — Beverley BevenFlorez-CDJ STAFF
Seven suspects were cited for contracting without a license after being caught by the Contractors State License Board (CSLB), reported CBS local news, and eighty-five people may face criminal charges. The undercover sting operations occurred over a two day period in Rancho Mirage, California. A hearing is scheduled for June 3rd at Riverside County Superior Court. CSLB Registrar Cindi A. Christenson told CBS, “Several of the suspects we targeted turned out to be repeat offenders and individuals with a criminal history and drug violations. If you knew their backgrounds, you'd never allow them near your home or family." Read the court decision
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Texas Shortens Cut-Off Date for Suits Against Homebuilders Who Provide a 6-Year Written Warranty

June 26, 2023 — Kim Altsuler - Peckar & Abramson, P.C.
Summary of the new law as it pertains to builders of new homes: The existing 10-year statute of repose for builders of new homes (the ultimate cut-off date for filing suit) has been shortened to 6 years if the builder provides a 1-2-6 written warranty (1-year workmanship and materials; 2-year plumbing, electrical and HVAC; 6-year structural). Extended time to bring suit if written claim presented during the period of repose: If a written claim for damages, contribution, or indemnity is presented to the builder during the applicable limitations period and the 6-year statute of repose applies, the time to sue is extended one year from the date the claim is presented. In practical effect, this means that if a written claim is presented and the statute of repose expires before suit is filed, suit may still be filed provided it is within one year of the date the written claim was made. When the new law goes into effect: The new law is effective as of June 9, 2023 and applies to suits commenced on or after that date. However, if the contract under which the claim is brought was entered into before June 9, 2023, the former 10-year version of the statute of repose applies. In other words, the statute applies to contracts entered into on or after June 9, 2023, if the contract has at least a 1-2-6 warranty. Read the court decision
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Reprinted courtesy of Kim Altsuler - Peckar & Abramson, P.C.
Ms. Altsuler may be contacted at kaltsuler@pecklaw.com

One Nation, Under Renovation

November 07, 2022 — Zach Mortice - Bloomberg
In late 2019, Chicago Mayor Lori Lightfoot announced a landmark investment in some of the city’s poorest neighborhoods. Invest South/West would direct $1.4 billion in total, including $750 million in public funds, to redevelop properties across the city’s South and West Sides. Focused on 10 specific neighborhoods, the program’s first projects broke ground in August and September. Teams of workers will turn a firehouse into a culinary hub and event space; a stately Art Deco bank is set to be converted into an art space that will anchor an attached mixed-use development. Another former bank, in Humboldt Park, will be renovated into Latino-owned commercial offices, an entrepreneurial incubator space, and a Latino cultural center, as well as housing. These reuse projects aim to do more than fill the gaps of Chicago’s legendary vacant-property crisis: In reanimating shuttered historic buildings, the initiative aims to restore the economies of commercial corridors that were victims of destructive mid-20th-century “urban renewal” initiatives. Read the court decision
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Reprinted courtesy of Zach Mortice, Bloomberg

El Paso Increases Surety Bond Requirement on Contractors

April 25, 2011 — Beverley BevenFlorez CDJ STAFF

The city of El Paso has recently increased surety bonds required of contractors from $10,000 to $50,000, according to the El Paso Times. Proponents of the increase believe it was necessary to protect homeowners from fly-by-night builders, while opponents argue that the increase will have an adverse effect on an industry in that is already suffering due to the economic slowdown.

Arguments for and against the increase have been flooding the blogosphere with their views. Christian Dorobantescu on the Small Business Entrepreneur Blog claims that “only about 15% of the city’s 2,500 contractors had been able to secure a higher bond to remain eligible for work after the new requirements were announced.” However, insurance companies have a different take. “From a surety broker standpoint, most contractors will be able qualify for the bond; some will just have to pay higher premium rates to obtain it,” a recent post on the Surety1 blog argues.

While the increased bond may help homeowners deal with construction defect claims, it is not clear what effect it will have on builders in El Paso.

Client Alert: Restaurant Owed Duty of Care to Driver Killed by Third-Party on Street Adjacent to Restaurant Parking Lot

January 07, 2015 — R. Bryan Martin, Lawrence S. Zucker II, & Kristian B. Moriarty – Haight, Brown, & Bonesteel, LLP
In Annocki v. Peterson Enterprise, LLC, (Filed 11/14/2014, Certified for Publication 12/5/2014, No. B251434) the Court of Appeal, Second District, held a restaurant owed a duty of care to the driver of a motorcycle who died as a result of the negligent driving of a third party exiting the restaurant’s parking lot. Decedent, Joseph M. Annocki, was driving his motorcycle on Pacific Coast Highway in Malibu, when it collided with the vehicle operated by Terry Allen Turner, who was exiting the parking lot of “Geoffrey’s" restaurant, which was owned and operated by the Defendant, Peterson Enterprise, LLC (“Peterson”). The parents of the decedent (“Plaintiffs”) filed suit against Peterson, alleging Peterson failed to adequately staff the restaurant parking lot, which caused Turner to become confused and make an illegal left turn onto Pacific Coast Highway, thereby causing the accident that killed decedent. Plaintiffs further alleged Peterson knew, or should have known, that its parking lot and driveway were designed and in such condition as to create a danger of decreased visibility of the adjacent highway, and failed to adequately provide signage directing patrons that only right turns could be made onto Pacific Coast Highway. Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys R. Bryan Martin, Lawrence S. Zucker II and Kristian B. Moriarty Mr. Martin may be contacted at bmartin@hbblaw.com Mr. Zucker may be contacted at lzucker@hbblaw.com Mr. Moriarty may be contacted at kmoriarty@hbblaw.com Read the court decision
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Walking the Tightrope of SB 35

December 22, 2019 — Robert Howard, Alexander Walker and Matt Olhausen - Gravel2Gavel Construction & Real Estate Law Blog
Developers in California know that getting approval to build new housing projects can be extremely difficult, time-consuming, and expensive. But a new policy is finally coming into full effect which could help developers cut through those barriers. SB 35, enacted in 2017, streamlines the approval process for housing developments in areas with inadequate housing supply, so long as the developments meet certain criteria. We have written elsewhere about the initial impacts of SB 35. SB 35 has successfully allowed some developers to obtain their entitlements quickly and easily through a streamlined process, but some local governments have resisted the use of SB 35. For example, the City of Los Altos denied an application that attempted to obtain streamlining through SB 35, prompting a nonprofit housing organization to sue. In Cupertino, the Planning Commission Chairman advocated in April 2019 for rescinding the SB 35 approval of the redevelopment of the Vallco Mall, which would include over 2,400 units of housing, while some residents have sued to block the development. As a result, it is crucial for developers to understand the details of SB 35 and make sure to meet all of its requirements. Any misstep may allow a recalcitrant local government to deny that a development project qualifies for SB 35 treatment and attempt to block it. In November 2018, the state Department of Housing and Community Development (HCD) released Guidelines to clarify the criteria for SB 35 and assist cities in determining whether projects qualify for streamlining. Reprinted courtesy of Pillsbury attorneys Robert Howard, Alexander Walker and Matt Olhausen Mr. Howard may be contacted at robert.howard@pillsburylaw.com Mr. Walker may be contacted at alexander.walker@pillsburylaw.com Mr. Olhausen may be contacted at matt.olhausen@pillsburylaw.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES