Fairfield Connecticut Building Expert Directory

Will Claims By Contractors on Big Design-Build Projects Ever End?

February 27, 2023 — Richard Korman - Engineering News-Record
In the annals of construction disputes, it is a blip, not a blast. After a Flatiron Construction-Zachry Group joint venture struck out on most of its arbitrated claims against engineering firm partners on the I-85/385 design-build interchange project in Greenville, S.C., and had others dismissed in court, the contractors had one more source from which to try to cover unexpected project costs: a contractor protective professional policy. Flatiron-Zachry filed a lawsuit last October in San Antonio federal court to try to force payment from Steadfast, a subsidiary of Zurich American Insurance Co. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
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Consumer Prices Rising as U.S. Housing Stabilizes: Economy

June 18, 2014 — Jeanna Smialek and Shobhana Chandra – Bloomberg
Consumer prices rose in May by the most in more than a year, showing U.S. companies are gaining some pricing power as the economy strengthens, and the homebuilding industry stabilized after a first-quarter swoon. The cost of living increased 0.4 percent, the biggest advance since February 2013, according to Labor Department data released today in Washington. Other figures showed builders broke ground on 1 million homes at an annualized rate after 1.07 million in April, the best two-month reading since late 2013. The reports will be welcome news to Federal Reserve policy makers meeting today and tomorrow as the pickup in inflation lessens the threat of a prolonged drop in prices that hurts economic growth. Central bankers are projected to continue scaling back their bond-buying program, while an increase in interest rates is delayed until well into 2015. Ms. Smialek may be contacted at jsmialek1@bloomberg.net; Ms. Chandra may be contacted at schandra1@bloomberg.net Read the court decision
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Reprinted courtesy of Jeanna Smialek and Shobhana Chandra, Bloomberg

Newmeyer Dillion Attorneys Named to 2022 Super Lawyers and Rising Stars Lists

July 11, 2022 — Newmeyer Dillion
NEWPORT BEACH, Calif. – July 6, 2022 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that partner James Ficenec has been selected to the 2022 Norther California Super Lawyers list. Additionally, partner Tara Dudum and associates Brandon Clouse and Jacqueline McCalla have been selected to the 2022 Northern California Rising Stars list by Super Lawyers. Each year, no more than 5 percent and 2.5 percent, respectively, of the lawyers in the state are selected to receive this honor. The attorneys will be recognized in the July 2022 issues of Northern California Super Lawyers Magazine, San Francisco Magazine and Sactown Magazine. James Ficenec is a partner in the Walnut Creek office. With incredible business acumen, Jim has counseled and defended clients across a variety of industries by advocating for their rights and legal protections as both a transactional attorney and business litigator. Tara Dudum is a partner in the Walnut Creek Office. Tara's practice focuses primarily on business and employment law and her clients span across industries, including retail, e-commerce, real estate, manufacturing, hospitality, and beyond. She often acts as outside counsel for clients, providing day-to-day legal advice to owners, executives, supervisors, and human resource professionals. Brandon Clouse is an associate in the Walnut Creek Office. As a part of the firm's construction and real estate litigation group, Brandon litigates disputes on behalf of clients concerning construction and real estate matters. Jacqueline McCalla is an associate in the Walnut Creek Office. Jacqueline takes pride in assisting local businesses and entrepreneurs as well as Fortune 500 companies with all aspects of litigation, from inception through trial. Jacqueline's practice ranges across business, construction defect, employment and insurance disputes. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The patented selection process evaluates candidates on 12 indicators of peer recognition and professional achievement, resulting in a comprehensive, credible and diverse listing of exceptional attorneys. The Rising Stars list is developed using the same selection process except candidates must be either 40 years old or younger, or have been in practice for 10 years or less. About Newmeyer Dillion For over 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com. Read the court decision
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Staying the Course, Texas Supreme Court Rejects Insurer’s Argument for Exception to Eight-Corners Rule in Determining Duty to Defend

April 27, 2020 — John C. Eichman, Sergio F. Oehninger, Grayson L. Linyard & Leah B. Nommensen - Hunton Insurance Recovery Blog
In responding to a certified question from the Fifth Circuit in Richards v. State Farm Lloyds, the Texas Supreme Court held that the “policy-language exception” to the eight-corners rule articulated by the federal district court is not a permissible exception under Texas law. See Richards v. State Farm Lloyds, 19-0802, 2020 WL 1313782, at *1 (Tex. Mar. 20, 2020). The eight-corners rule generally provides that Texas courts may only consider the four corners of the petition and the four corners of the applicable insurance policy when determining whether a duty to defend exists. State Farm argued that a “policy-language exception” prevents application of the eight-corners rule unless the insurance policy explicitly requires the insurer to defend “all actions against its insured no matter if the allegations of the suit are groundless, false or fraudulent,” relying on B. Hall Contracting Inc. v. Evanston Ins. Co., 447 F. Supp. 2d 634, 645 (N.D. Tex. 2006). The Texas Supreme Court rejected the insurer’s argument, citing Texas’ long history of applying the eight-corners rule without regard for the presence or absence of a “groundless-claims” clause. The underlying dispute in Richards concerned whether State Farm must defend its insureds, Janet and Melvin Richards, against claims of negligent failure to supervise and instruct after their 10-year old grandson died in an ATV accident. The Richardses asked State Farm to provide a defense to the lawsuit by their grandson’s mother and, if necessary, to indemnify them against any damages. To support its argument that no coverage under the policy existed, and in turn, it had no duty to defend, State Farm relied on: (1) a police report to prove the location of the accident occurred off the insured property; and (2) a court order detailing the custody arrangement of the deceased child to prove the child was an insured under the policy. The federal district court held that the eight-corners rule did not apply, and thus extrinsic evidence could be considered regarding the duty to defend, because the policy did not contain a statement that the insurer would defend “groundless, false, or fraudulent” claims. In light of the extrinsic police report and extrinsic custody order, the district court granted summary judgment to State Farm. Reprinted courtesy of Hunton Andrews Kurth attorneys John C. Eichman, Sergio F. Oehninger, Grayson L. Linyard and Leah B. Nommensen Mr. Oehninger may be contacted at soehninger@HuntonAK.com Mr. Linyard may be contacted at glinyard@HuntonAK.com Ms. Nommensen may be contacted at leahnommensen@HuntonAK.com Read the court decision
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State And Local Bid Protests: Sunk Costs and the Meaning of a “Win”

July 11, 2022 — Amy Anderson - ConsensusDocs
Across the United States, state and local agencies often use competitive bidding to award contracts for various types of work. Generally speaking, a bid protest is when an unsuccessful bidder challenges the award by the state or local agency to another competitive bidder. Procurement at this level is entirely distinct from federal procurement. The details of any bid protest will be specific to the locality. However, a question that very often comes up when a state or local agency uses competitive bidding: what happens when I lose the bid? More specifically, if I should not have lost because my bid was the lowest or best value, can I make the state or local agency award the bid to me? Read the court decision
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Reprinted courtesy of Amy Anderson, Jones Walker LLP (ConsensusDocs)
Ms. Anderson may be contacted at aanderson@joneswalker.com

Huh? Action on Construction Lien “Relates Back” Despite Notice of Contest of Lien

May 01, 2023 — David Adelstein - Florida Construction Legal Updates
Not every case law you read makes sense. This sentiment goes to the uncertainty and grey area of certain legal issues. It is, what you call, “the nature of the beast.” You will read cases that make you say “HUH?!?” This is why you want to work with construction counsel to discuss procedures and pros / cons relative to construction liens. An example of a case that makes you say “HUH” can be found in Woolems, Inc. v. Catalina Capstone Creations, Inc., 2023 WL 2777506 (Fla. 3d DCA 2023) dealing with a construction lien foreclosure dispute. Here, a contractor filed a lawsuit against a subcontractor with a summons to show cause why the subcontractor’s construction lien should not be discharged. This is a specific complaint filed under Florida Statute s. 713.21(4). This statute requires the lienor to essentially foreclose on its construction lien within 20 days after it was served with a “show cause” summons. The subcontractor filed its answer and counterclaim but did NOT assert a claim to foreclose its construction lien. 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

State Farm to Build Multi-Use Complex in Dallas Area

December 30, 2013 — CDJ STAFF
State Farm in Insurance is building a new office complex which will have space for thousands of State Farm employees in the Dallas area, according to The Dallas Morning News. That’s not all the $1.5 billion development, CityLine, will include. The first phase of the complex will include three office towers, a shopping center, a hotel, and apartments. Opening is expected in early 2015. Read the court decision
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What to Know Before Building a Guesthouse

September 17, 2014 — Cynthia Flash – Bloomberg
Those tiny, often very cute homes that people are adding on their properties seem to be popping up everywhere these days. The tiny buildings can provide extra rental income, offer a less-expensive housing option or provide a home for a relative. Accessory dwelling units, or ADUs, are second dwelling units created on a lot with an existing house or attached house. They’re often referred to as mother-in-law apartments, granny flats or studio apartments. As a homeowner, what are the legal issues to consider before building an ADU of your own? Different cities, different rules First off, different cities have different rules. Before plotting the space for your new tiny house, check with your city’s planning and zoning department to determine what those rules are. You can start online at accessorydwellings.org for a list of regulations by state and city. Read the court decision
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Reprinted courtesy of Cynthia Flash, Bloomberg

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES