Fairfield Connecticut Building Expert Directory

Beyond the Disneyland Resort: Dining

May 03, 2018 — Beverley BevenFlorez-CDJ STAFF
For fine dining experiences outside of the Disneyland Resort, try Summit House Restaurant or the Anaheim White House Italian Steak House . A more unusual and upscale restaurant, try The Hobbit in nearby Orange, California. They offer a seven-course, prix-fixe menu by reservation only. It’s a four-hour dining experience that begins in their Wine Cellar, then guests are taken to their tables in the dining room. Next, is an intermission where guests are encouraged to relax on the patios or visit the kitchen to chat with the chef. Guests then return to their table to finish their entrees and dessert. If you’d rather spend your time in a unique lounge or bar, try the Blind Rabbit, which calls itself Orange County’s speak easy. Located in the Anaheim Packing District, the Blind Rabbit’s tables are all reserved after 5pm, and you might want to brush up on their list of rules prior to visiting. For something casual, try Hollinghead’s Delicatessen in Orange, where you can purchase hand crafted sandwiches and beers. Read the court decision
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How Concrete Mistakes Added Cost to the Recent Frederick Douglass Memorial Bridge Project

December 16, 2023 — Richard Korman - Engineering News-Record
A disputed insurance claim heading for trial next year over construction of Washington, D.C.'s two-year-old Frederick Douglass Memorial Bridge revolves around the design-build joint venture's problems in 2019 with concrete voids and honeycombing. The flaws required demolition and rebuilding costing millions of dollars. 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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Illinois Non-Profit Sues over Defective Roof

November 27, 2013 — CDJ STAFF
Coordinated Youth and Human Services (CYHS), a family services organization hired Honey-Do Home Repair to design and install a new roof for its building in Granite City, Illinois. Honey-Do removed portions of the roof for testing. A few day later during a rainstorm, a tarp failed, leading to water intrusion and damage to the building. The CYHS is suing the contractor for $400,000. It is claiming that repairing the damage cost the organization $200,000, and it seeks additional damage and court costs. Read the court decision
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Contractor’s Burden When It Comes to Delay

October 26, 2020 — David Adelstein - Florida Construction Legal Updates
When a contractor is challenging the assessment of liquidated damages, or arguing that it is entitled to extended general conditions, the contractor bears a burden of proof to establish there were excusable delays that impacted the critical path and, in certain scenarios, the delays were not concurrent with contractor-caused delay:

When delays are excusable, a contractor is entitled to a time extension, such that the government may not assess liquidated damages for those delays. The government bears the initial burden of proving that the contractor failed to meet the contract completion date, and that the period of time for which the government assessed liquidated damages was correct. If the government makes such a showing, the burden shifts to the contractor to show that its failure to timely complete the work was excusable. To show an excusable delay, a contractor must show that the delay resulted from “unforeseeable causes beyond the control and without the fault or negligence of the Contractor.” “In addition, the unforeseeable cause must delay the overall contract completion; i.e., it must affect the critical path of performance.” Further, the contractor must show that there was no concurrent delay.

Ken Laster Co., ASBCA No. 61292, 2020 WL 5270322 (ASBCA 2020) (internal citations omitted). 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

Prevent Costly Curb Box Damage Due on New Construction Projects

May 11, 2020 — Bob Welker - Construction Executive
For new construction projects in areas with acidic soils, keeping curb boxes in good working order is critical to avoid compromised water service, angry customers, and costly repair and replacement. Traditionally, a curb box is composed of a metal tube that connects the cast iron base to a cast iron lid/cap. It is necessary for water line repairs and shut off in case of flooding. Typically, they are buried six to eight feet below ground, beneath the frost line. Curb boxes are found on every water line that connects a building to a city water main. One major challenge is that many areas across the United States—including the East Coast, South, upper Midwest and Pacific Northwest—have acidic soil that rapidly corrodes cast iron infrastructure, including curb boxes. Soil with a pH of six or less is considered acidic. Reprinted courtesy of Bob Welker, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Difficulty in Defending Rental Supplier’s Claim Under Credit Application

October 11, 2021 — David Adelstein - Florida Construction Legal Updates
In construction, one of the easiest claims to prove from a burden of proof standpoint is that of a supplier, particularly a rental equipment supplier. Oftentimes, these claims are more in the realm of a collection claim because a rental supplier will generally be able to establish that a party opened an account with them, signed a credit application and personal guaranty, and equipment was rented and even delivered to a specific jobsite during set dates. Defending these claims is not so easy. And even if there is a defense as it relates to some amounts, there needs to be an upside challenging those amounts when factoring in the attorney’s fees, costs, and interest on the other amounts and on continuing the dispute. An example of the difficulty in defending these claims from rental suppliers can be found in the recent case of Custom Design Expo, Inc. v. Synergy Rents, Inc., 2021 WL 4125806 (Fla. 2d DCA 2021). Here, a contractor rented equipment (e.g, forklifts) from a supplier. The equipment was rented on an open account and the contractor signed a personal guaranty. The supplier sued the contractor for about $81,000 that remained unpaid. The supplier appeared to waste no time and moved for summary judgment with an affidavit from its credit manager. The credit manager affirmed that the contractor executed a credit application for purposes of renting equipment on an open account, the application contained a personal guaranty, and the credit application formed the basis of a contract. The credit manager authenticated the credit application and affirmed that the contractor owed it about $81,000 in unpaid amounts for rental equipment that was furnished under the credit application. 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

Construction Defects Lead to “A Pretty Shocking Sight”

October 14, 2013 — CDJ STAFF
Walls black with mold. Grass growing on carpets. The board chair of the Penhorwood condos, Christine Burton, describes the photos as “a pretty shocking sight.” The residents were all evicted in 2011 and given only fifteen minutes to gather what possessions they could after the buildings were found to be structurally unsound. An attempt was made to stabilize the buildings, but they kept shifting and cracking, exposing the interiors to the elements. The owners of the Fort McMurray condominium complex are suing the developer, contractor, and others for $60 million. Fort McMurray has ordered that the buildings be torn down, although the condo owners don’t have the funds for this. Even the funds for continuing the lawsuit are hard to come by. Ms. Burton notes “because of the evacuation and the cost of stabilizing the building so that we could go in and get people’s furniture and personal effect out has pretty much depleted our funds.” The owners “have no more money.” The condo owners are hoping that they can sell the land where their former homes are in order to recoup some of their losses. Read the court decision
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Did Deutsche Make a Deal with the Wrong Homeowner?

September 03, 2014 — Beverley BevenFlorez-CDJ STAFF
Deutsche Bank wants “to void a loan modification it claims resulted in a $125,000 discount on the wrong homeowners' outstanding mortgage,” according to the New Jersey Law Journal. Furthermore, even though the Deutsche Bank “obtained a default judgment a year ago… a New Jersey federal judge is currently considering the homeowners' motion to vacate it, most recently ordering a hearing to determine whether the couple was properly served.” According to the complaint, the Deutsche Bank claims that “its mortgage servicer, Ocwen Loan Servicing, mistakenly offered the modification to Lorraine and Raymond Lindsey of Franklinville, N.J., though the terms of the deal were intended for other homeowners in connection with a loan held by a different bank.” Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES