Fairfield Connecticut Building Expert Directory

Will Superusers Future-Proof the AEC Industry?

May 13, 2019 — Aarni Heiskanen - AEC Business
Design professionals who leverage tools and technology and, at the same time, have people skills, are essential to the future of the industry. They are Superusers, the protagonists of the latest book by Randy Deutsch. Randy Deutsch is an architect, educator, workshop leader, writer, and international keynote speaker. I had a chance to interview him about his book, Superusers: Design Technology Specialists and the Future of Practice. First, I was curious to know why he chose this topic for his fourth book. He explains: “Right now, it made a lot of sense to focus on the individual, not focus on collaboration and building teams, and really define what each individual team member should be.” Who Are Superusers? IT, technology, and tool specialists are typically experts in a relatively narrow field. Designers, especially architects, must have a wider perspective. Superusers are design technologists; liaisons between business needs and technology solutions. They demonstrate certain skillsets and mindsets. 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

Class Action Certification by Association for “Matters of Common Interest”

August 24, 2020 — David Adelstein - Florida Construction Legal Updates
Associations have authority to pursue as a class, on behalf of all of their respective members, lawsuits “concerning members of common interest to the members.” Fla. R. Civ. P. 1.221. This includes, but is not limited to, the common property or the areas in which the association is responsible. But, what about matters or elements for which the association is not responsible or does not own? For example, issues or damages relative to a specific unit or owner that are prevalent throughout? The Third District Court of Appeal addressed this question in Allied Tube and Conduit Corp. v. Latitude on the River Condominium Association, Inc., 45 Fla. L. Weekly D1518a (Fla. 3d DCA 2020) when in affirmed a class certification by a condominium association relating to the removal and replacement of the condominium building’s defective fire sprinkler system. In affirming the class certification by the condominium association, the Third District maintained:

Rule 1.221 expressly authorizes condominium associations to “institute, maintain, settle, or appeal actions or hearings in its name on behalf of all association members concerning matters of common interest to the members.” “[A]s to controversies affecting the matters of common interest . . ., the condominium association, without more, should be construed to represent the class composed of its members as a matter of law.” “[T]he common interest provision of the rule has been interpreted to permit a class action by the association for a construction defect located physically within a unit, rather than in the common elements, if the defect is prevalent throughout the building.” We, therefore, cannot say the trial court abused its discretion in finding that damages resulting from the replacement of the fire-sprinkler system throughout the building were a matter of common interest for purposes of certification at this stage of the litigation. Allied Tube and Conduit Corp, supra (internal citations omitted).

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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Florida’s New Civil Remedies Act – Bulletpoints As to How It Impacts Construction

April 10, 2023 — David Adelstein - Florida Construction Legal Updates
There has been much talk about Florida’s new Civil Remedies Act (House Bill 837) that Governor DeSantis approved on March 24, 2023. As it pertains to construction, here is how I see it with key bulletpoints on the impact this new Act has on the construction industry:

New Florida Statute s. 86.121 – This is an attorney’s fees statute for declaratory relief actions to the prevailing insured to determine insurance coverage after TOTAL COVERAGE DENIAL. (Note: A defense offered pursuant to a reservation of rights is not a total coverage denial.) This right only belongs to the insured and cannot be transferred or assigned. And the parties are entitled to the summary procedure set forth in Florida Statute s. 51.011 requiring the court to advance the cause on the calendar. The new statute does say it does NOT apply to any action arising under a residential or commercial property insurance policy. (Thus, since builder’s risk coverage is a form of property insurance, the strong presumption is this new statute would not apply to it.) Rather, the recent changes to Florida Statute s. 626.9373 would apply which provides, “In any suit arising under a residential or commercial property insurance policy, there is no right to attorney fees under this section.”
Florida Statute s. 95.11 – The statute of limitations for negligence causes of action are two years instead of four years. This applies to “causes of action accruing after the effective date of this act.”

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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Hawaii Supreme Court Construes Designated Premises Endorsement In Insured's Favor

April 01, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The Hawaii Supreme Court held that a Designated Premises Endorsement provided coverage for injury and damage that occurred away from a listed location if the injury or damage arose out of the ownership, maintenance or use of the designated premises. C. Brewer and Co., Ltd. v. Marine Indemn. Ins. Co., 2015 Haw. LEXIS 62 (Haw. March 27, 2015). [Disclosure: our office represents C. Brewer]. The case involves coverage for the former owner (C. Brewer) of land under the Kaloko Reservoir. The Reservoir was fronted by an earthen dam. The Dam burst in March 2006, killing seven people and causing extensive property damage downstream. In 1977, the State of Hawaii and C. Brewer entered an agreement requiring C. Brewer to, among other things, restore and expand the irrigation system that provided water to sugar cane fields in Kilauea, Kauai. C. Brewer formed the Kilauea Irrigation Company (KIC) to satisfy obligations to the State, revitalize the System, and sell System water to local farmers for irrigation. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Governor Signs AB5 Into Law — Reshaping California's Independent Contractor Classification Landscape

December 02, 2019 — Eric C. Sohlgren & Matthew C. Lewis - Payne & Fears Legal Alert
Today, Governor Gavin Newsom signed California Assembly Bill 5 (“AB5”), controversial legislation which will have a substantial impact on California employers when it goes into effect on January 1, 2020. AB5 enacts into a statute last year’s California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018), and the Court’s three-part standard (the “ABC test”) for determining whether a worker may be classified as an employee or an independent contractor. Under the ABC test established in Dynamex and now under AB5, a worker may be properly considered an independent contractor only if the hiring entity establishes all three of the following: (A) that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact; (B) that the worker performs work that is outside the usual course of the hiring entity’s business; and (C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity. Reprinted courtesy of Eric C. Sohlgren, Payne & Fears and Matthew C. Lewis, Payne & Fears Mr. Sohlgren may be contacted at ecs@paynefears.com Mr. Lewis may be contacted at mcl@paynefears.com Read the court decision
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No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down

December 02, 2015 — Yas Omidi – California Construction Law Blog
“No Escape” is a 2015 action movie starring Pierce Brosnan and Owen Wilson (that’s right, Owen Wilson) and which the folks at rogerebert.com described as “a dreadful…would-be thriller” and “low-grade trash.” It’s also, in short, the California Court of Appeal’s answer to a primary insurer’s recent bid to escape its duty to defend pursuant to an “other insurance” clause in a CGL policy in Underwriters of Interest Subscribing to Policy No. A15274001 v. ProBuilders Specialty Ins. Co., Case No. D066615, California Court of Appeals for the Fourth District (October 23, 2015). Read the court decision
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Reprinted courtesy of Yas Omidi, California Construction Law Blog
Ms. Omidi may be contacted at yomidi@wendel.com

Orion Group Holdings Honored with Leadership in Safety Award

October 09, 2023 — Orion Group Holdings, Inc.
HOUSTON, Oct. 06, 2023 (GLOBE NEWSWIRE) -- Orion Group Holdings, Inc. (NYSE: ORN) ("Orion" and "Company"), a leading specialty construction and engineering company today announced it received the Company Award for Leadership in Safety from the Council of Dredging and Marine Construction Safety (CDMCS). The award, presented at the 2023 CDMCS Annual Awards Dinner in Washington, D.C. on September 28, recognizes outstanding safety leadership in the dredging and marine construction industry. Orion Group Holdings was recognized for advancing a safety-first culture through safety-conscious policies and procedures in the workplace, mentoring others in safety, training on identifying and properly controlling hazards, and placing high personal value on collaborative and proactive work toward improving safety. Travis Boone, President and Chief Executive Officer of Orion Group Holdings, accepted the award at the ceremony. "I am honored to accept this award on behalf of our Orion team, who work collaboratively every day to meet exacting standards while safely delivering world-class marine construction and dredging services to our customers," said Orion Group Holdings CEO Travis Boone. "Our safety-through-leadership success is born out of a strong advocacy for accident prevention, innovative training and a commitment to exceeding regulatory compliance. Being responsible and accountable is a priority for every team member, with special emphasis on performing every task safely, every time." About Orion Group Holdings Orion Group Holdings, Inc., a leading specialty construction company serving the infrastructure, industrial and building sectors, provides services both on and off the water in the continental United States, Alaska, Hawaii, Canada and the Caribbean Basin through its marine segment and its concrete segment. The Company's marine segment provides construction and dredging services relating to marine transportation facility construction, marine pipeline construction, marine environmental structures, dredging of waterways, channels and ports, environmental dredging, design, and specialty services. Its concrete segment provides turnkey concrete construction services including place and finish, site prep, layout, forming, and rebar placement for large commercial, structural and other associated business areas. The Company is headquartered in Houston, Texas with regional offices throughout its operating areas. https://www.oriongroupholdingsinc.com. Read the court decision
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EEOC Sues Whiting-Turner Over Black Worker Treatment at Tennessee Google Project

October 18, 2021 — James Leggate - Engineering News-Record
The Whiting-Turner Contracting Co., which ranks as one of the industry’s largest contractors, has been accused in a federal civil rights lawsuit of creating a racially hostile work environment at a Tennessee project site and of retaliating against employees who complained. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at https://www.enr.com/leggatej@enr.com Read the full story... Read the court decision
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