Fairfield Connecticut Building Expert Directory

New Florida Bill Shortens Time for Construction-Defect Lawsuits

September 06, 2023 — Jessica Zelitt - Construction Executive
On April 13, 2023, Florida Gov. Ron DeSantis signed Senate Bill 360 into law. This legislation alters the time period for bringing forward construction-defect lawsuits, as well as modifies the current private right of action against a contractor for violation of the Florida Building Code. First, SB 360 amends § 95.11(3)(c), Florida Statutes, to reduce the statute of repose from 10 years to seven years for actions founded on latent construction defects. The legislation also changes the manner in which this time period is calculated under both the seven-year statute of repose and the four-year statute of limitations for construction-defect cases. Under the prior statute, the time to commence an action began with the later of (i) the date of actual possession by the owner, (ii) the date of the issuance of a certificate of occupancy (CO), (iii) the date of abandonment of construction if not completed or (iv) the date of completion or termination of the contract. Reprinted courtesy of Jessica Zelitt, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Ms. Zelitt may be contacted at jessica.zelitt@arlaw.com

Ensuing Losses From Faulty Workmanship Must be Covered

May 10, 2012 — Tred R. Eyerly - Insurance Law Hawaii

Coverage for damages resulting from faulty workmanship in the construction of an apartment complex was at issue in The Bartram, LLC v. Landmark Am. Ins. Co., 2012 U.S. Dist. LEXIS 44535 (N.D. Fla. March 30, 2012).

The owner of the apartments, Bartram, had primary coverage and three layers of excess coverage. Each contract excluded loss from faulty workmanship. The policies provided, however, "if loss or damage by a Covered Cause of Loss results, we will pay for that resulting loss or damage."

Bartram contended water intrusion occurred because of faulty workmanship, which caused damage to the buildings’ exterior and interior finishes, wood sheathing, framing, balcony systems, drywall ceilings and stucco walls. This damage was separate from the work needed to simply fix the faulty workmanship. Therefore, Bartram argued, the ensuing losses that resulted from the water intrusion was covered.

The insurer argued the ensuing loss exception was not applicable if the ensuing loss was directly related to the original excluded loss.

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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Palo Alto Proposes Time Limits on Building Permits

October 01, 2013 — CDJ STAFF
Palo Alto, California has a problem. Too many construction or renovation projects have languished without any sign of completion. The city council has a solution: time limits. Under current rules, projects only have to complete enough work so that there’s something to inspect every six months. Under the proposed rules, builders would have a set time to finish the project, with larger projects getting more time in which to finish. Projects that ran over that time would get fines. Read the court decision
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Real Estate & Construction News Round-Up (03/01/23) – Mass Timber, IIJA Funding, and Distressed Real Estate

March 13, 2023 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
This week’s round-up explores how Infrastructure Investment and Jobs Act (IIJA) funding is being deployed, mass timber is on the rise as decarbonization efforts continue, and commercial real estate remains distressed.

With a flurry of high-profile projects, mass timber is gaining traction. (Jeffrey Steele, Commercial Property Executive)
Commercial real estate is experiencing high levels of distress, with multiple owners defaulting on loans across the country. (Ted Glanzer, The Real Deal)
Even with the recent downturn in cryptocurrency value, the metaverse real estate market is expected to continue to grow. (The Real Deal)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

The Benefits of Trash Talking: A Cautionary Tale of Demolition Gone Wrong

September 02, 2024 — Joshua Levy, Anne O'Meara & Kimberly Gutierrez - Construction Executive
That sinking feeling has crossed everyone’s mind at some point: "Did I accidentally throw out...?” It can happen to anyone, from valuable jewelry to uncashed checks or even (in the case of one contractor) to fire-pump control cabinets. Demolishing the wrong equipment is a concern construction and demolition contractors should review before beginning any project. Recently, one general contractor and its demolition subcontractor would have benefitted from a more detailed “trash” talking session, which could have helped them avoid a dumpster-fire of a legal dispute. In this case, the general contractor was contracted to renovate a hangar for a military base. The company subcontracted the demolition work to a local, family-owned contractor to demolish aspects of the hangar’s fire-suppression room. The two companies met many times, from planning to daily field walk-downs. They discussed that any equipment that was tagged with bright orange tags would remain in the fire-suppression room. The contractor also reviewed the demolition plans with the demolition company, detailing what should and should not be removed. Reprinted courtesy of Joshua Levy, Anne O'Meara & Kimberly Gutierrez, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Business Risk Exclusions Do Not Preclude Coverage

November 13, 2013 — Tred Eyerly — Insurance Law Hawaii
The court rejected the insurer's arguments that the business risk exclusions barred coverage for a contractor. Gen. Cas. Co. of Wisconsin v. Five Star Bldg. Corp., 2013 U.S. Dist. LEXIS 134122 (D. Mass. Sept. 19, 2013). Five Star was hired by the University of Massachusetts to upgrade the ventilation (HVAC) system on a portion of a building. The large majority of the work involved work in the interior of the building, but a small portion required installation of duct work and supports on top of the roof of the complex. Five Star also penetrated the roof at numerous locations to install supports for duct work and other rooftop structures for the ventilation system. Other subcontractors then secured supports to the concrete roof deck and installed permanent patches where Five Star had penetrated the roofing system. On same days, Five Star could not accomplish the process in a single day after penetrating the roof. It would install temporary patches until the next day. This was the only work on the roof performed by Five Star. Read the court decision
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Reprinted courtesy of Tred Eyerly
Tred Eyerly can be contacted at te@hawaiilawyer.com

Wendel Rosen’s Construction Practice Group Receives “Tier 1” Ranking by U.S. News and World Reports

November 10, 2016 — Garret Murai – California Construction Law Blog
Wendel Rosen’s Construction Practice Group has received a “Tier 1” ranking by U.S. News and World Reports in its 2017 Best Law Firms rankings and the firm as a whole has been named one of the “Best Law Firms.” This is the fourth consecutive year that Wendel Rosen’s Construction Practice Group has achieved a “Tier 1” ranking. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

AI-Powered Construction Optioneering Today

April 08, 2024 — Aarni Heiskanen - AEC Business
In this episode of the AEC Business Podcast, Aarni Heiskanen interviews René Morkos, the founder and CEO of ALICE Technologies. They discuss construction tech, AI, and ALICE Core, the company’s latest product launch. How the Construction Technology Landscape has Changed The construction tech industry has evolved significantly since 2015, as discussed with René. In 2015, there was a lack of understanding and reluctance toward construction tech, with some investors even hesitant to invest in the sector. However, by 2017-2018, there was a noticeable shift as construction tech became a sought-after investment opportunity. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES