FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

A Downside of Associational Standing - HOA's Claims Against Subcontractors Barred by Statute of Limitations

March 28, 2012 — Bret Cogdill, Colorado Construction Litigation

In multi-family construction defect litigation in Colorado, homeowners associations rely on associational standing to pursue claims affecting more than two units and to bring claims covering an entire development. This practice broadens an association’s case beyond what individual, aggrieved owners would otherwise bring on their own against a developer or builder-vendor. However, reliance on associational standing to combine homeowners’ defect claims into a single lawsuit has its drawbacks to homeowners.



A recent order in the case Villa Mirage Condominium Owners’ Association, Inc., v. Stetson 162, LLC, et al., in El Paso County District Court, presents an example. There, the HOA unsuccessfully sought a determination from the court that its claims against subcontractors were not barred by the statute of limitations. To do so, the HOAs attempted to apply the Colorado Common Interest Ownership Act (“CCIOA”), which governs the creation and operation of HOAs, and a statute intended to apply to persons under a legal disability.



Under CCIOA, during the period of “declarant control” the developer may appoint members to the association’s executive board until sufficient homeowners have moved into the development and taken seats on the board.

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Reprinted courtesy of Bret Cogdill of Higgins, Hopkins, McClain & Roswell, LLC. Mr. Cogdill can be contacted at cogdill@hhmrlaw.com.

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Haight Proudly Supports JDC's 11th Annual Bike-A-Thon Benefitting Pro Bono Legal Services

July 21, 2018 — Stephen M. Tye - Haight Brown & Bonesteel LLP
Haight proudly donates to the Justice & Diversity Center of the Bar Association of San Francisco’s 11th Annual “Ride for Justice” in support of San Francisco attorney Stephen M. Tye. This is Mr. Tye’s second year participating in the JDC’s Bike-A-Thon, which raises funds to provide pro bono legal services programs that provide access to justice for thousands of San Franciscans every year. Read the court decision
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Reprinted courtesy of Stephen M. Tye, Haight Brown & Bonesteel LLP
Mr. Tye may be contacted at stye@hbblaw.com

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Nebraska Joins the Ranks—No CGL Coverage for Faulty Work

September 17, 2014 — Craig Martin – Construction Contractor Advisor
The Nebraska Court of Appeals has ruled that a home builder that fails to adequately compact the soil does not have insurance coverage to repair damages to the home caused by the settling soil. In “insurance speak”, there was no occurrence to trigger coverage. In this case, Cizek Homes, Inc. v Columbia National Insurance Company, a home builder contracted with a buyer to build a house. A lot was selected and the home was built. After the buyer moved in, the house started to settle, causing damage to the house. The buyer told the builder about these problems and the builder agreed to fix the problems. The builder also contacted its insurance company and requested coverage for the buyer’s claim. The insurer rejected the claim, determining that the buyer’s claim was not covered by the builder’s Commercial General Liability (CGL) insurance. The insurer then filed suit asking the court to interpret the insurance policy and to determine whether the CGL insurance covered the claim. The court looked to the buyer’s allegations that the builder failed to construct the home in accordance with accepted construction and industry standards and that the builder was negligent in designing and constructing the home. The builder admitted that it was obligated to pay for the costs of repairs, but denied that it was negligent in constructing the home. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

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Federal Miller Act Payment Bond Claim: Who Gets Paid and Who Does Not? What Are the Deadlines?

September 16, 2019 — William L. Porter - Porter Law Group
When working on federal public works construction projects there are no Stop Payment Notice or Mechanics Lien remedies available to protect subcontractors’ and suppliers’ right to payment. Instead, unpaid subcontractors and suppliers must resort to making a claim for payment under a federal law known as the AMiller Act@ (40 USCS 3131 et seq.). Many claimants however, do not realize that the right to make a Miller Act claim is not available to all subcontractors and suppliers. Before committing to performing work on a federal project it is important for subcontractors and suppliers to understand whether or not a Miller Act claim will be available. For those who have no Miller Act rights, careful consideration must be given to whether it is worth the risk to take on the project. For those who have valid Miller Act claim rights, important deadlines must be considered. Who Gets Paid Under a Miller Act and Who Does Not For federal projects in excess of $100,000, contractors who have a contract directly with the Federal Government must obtain Miller Act Payment Bond intended for the protection of Subcontractors, laborers and material suppliers to the project. As a general rule, every subcontractor, laborer, or material supplier who deals directly with the prime contractor and is unpaid may bring a lawsuit for payment against the Miller Act Payment Bond. Further, every unpaid subcontractor, laborer, or material supplier who has a direct contractual relationship with a first-tier subcontractor may bring such an action. The deadlines for these claims are described below. Read the court decision
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Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

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Vermont Supreme Court Reverses, Finding No Coverage for Collapse

May 18, 2020 — Tred R. Eyerly - Insurance Law Hawaii
The Vermont Supreme Court reversed the trial court's decision for collapse coverage. Commercial Constr. Endeavors, Inc. v. Ohio Sec. Ins. Co., 2019 Vt. LEXIS 173 (Vt. Sup. Ct. Dec. 13,2019). Commercial Construction Endeavors, Inc. (CCE) built a livestock barn. By late December 2014, the barn was partially complete, with the foundation laid, wood framing erected, and roof trusses installed. In late December, strong winds caused the structure to collapse. CCE started clearing debris and rebuilding the barn, incurring additional labor and material costs. CCE reported the collapse to Ohio Security. The policy covered loss to "Covered Property." Ohio Security determined that the loss was covered for "Off-Premises Property Damage Including Care, Custody or Control." This endorsement provided coverage for damage to real property upon which CCE was performing operations where the damage resulted from those operations. Ohio Security paid CCE $24,750, the full amount available under the endorsement, less a $250 deductible. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Cincinnati Goes Green

May 10, 2013 — CDJ STAFF
Columbus Dispatch reports that under a program in Cincinnati, homeowners can receive tax breaks that eliminate their property taxes for up to fifteen years. As a result, while about 100 single-family homes in Cincinnati are LEED-certified, Columbus can claim only one. The rest of the state also lags behind, with only eighteen percent of LEED-certified homes outside Cincinnati. Jim Weiker reports that energy efficiency is at the top of homebuyers’ wants, even beating out granite countertops. But although green certification seems to support a four percent increase in price, builders aren’t rushing to follow LEED standards. Read the court decision
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United States Supreme Court Grants Certiorari in EEOC Subpoena Case

March 29, 2017 — Jeffrey M. Daitz & Rashmee Sinha - Peckar & Abramson, P.C.
On September 29, 2016, the United States Supreme Court granted certiorari in McLane Co. Inc. v. EEOC, case number 15-1248, a case that asks the Court to resolve a split in the Circuit Courts of Appeals on the proper standard of review applied to a district court decision to quash or enforce a subpoena issued by the United States Equal Employment Opportunity Commission ("EEOC"). The decision by our highest court on the correct standard of review will have important implications for businesses, because if a litigant is displeased with a lower court's decision, it may get two bites at the apple. Such an outcome will likely encourage more appeals, drawn-out investigations and increase legal fees. On the other hand, if the Supreme Court decides that the Ninth Circuit was wrong and that a deferential standard of review (as opposed to a de nova standard) is appropriate, the losing side in future cases is more likely to accept the decision of the lower district court, knowing its chances of winning on appeal are slim. Reprinted courtesy of Jeffrey M. Daitz, Peckar & Abramson, P.C. and Rashmee Sinha, Peckar & Abramson, P.C. Mr. Daitz may be contacted at jdaitz@pecklaw.com Ms. Sinha may be contacted at rsinha@pecklaw.com Read the court decision
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COVID-19 Response: Executive Order 13999: Enhancement of COVID-19-Related Workplace Safety Requirements

March 08, 2021 — Alan Rupe & Luis Mendoza - Lewis Brisbois
President Biden has signed 28 Executive Orders as of February 2, 2021. While this is a large number of Executive Orders compared to the historical record, most call for creating task forces and directing agencies to explore policy changes. However, there is one that stands out to employment lawyers – Executive Order 13999 (Order). Titled “Protecting Worker Health and Safety,” the Order addresses workplace safety. It sets out instructions, primarily to the Secretary of Labor and Assistant Secretary of Labor for Occupational Safety and Health, for establishing and issuing a set of guidelines under the Occupational Safety and Health Act (OSHA). Pursuant to the Order, the Secretary of Labor will issue revised guidance to employers on workplace safety concerning COVID-19, determine if emergency workplace standards are required, and improve overall OSHA shortcomings related to COVID-19 workplace protections and enforcement. Enforcement will include the use of anti-retaliation principles concerning employees reporting unsafe conditions in the workplace. OSHA has issued initial guidance based on the Order. Reprinted courtesy of Alan Rupe, Lewis Brisbois and Luis Mendoza, Lewis Brisbois Mr. Rupe may be contacted at Alan.Rupe@lewisbrisbois.com Mr. Mendoza may be contacted at Luis.Mendoza@lewisbrisbois.com Read the court decision
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