Fairfield Connecticut Building Expert Directory

Gone Fishing: Tenant’s Insurer Casts A Line Seeking To Subrogate Against The Landlord

October 17, 2022 — William L. Doerler - The Subrogation Strategist
In J&J Fish on Ctr. Str., Inc. v. Crum & Forster Specialty Ins. Co., No. 20-cv-644-bhl, 2022 U.S. Dist. LEXIS 16361, the United States District Court for the Eastern District of Wisconsin (District Court) recognized that “[t]here will be no further fish fries on Center Street until someone pays to repair the collapsed floor at J&J Fish on Center Street, Inc. (J&J Fish).” The contenders were: 1) J&J Fish; 2) its’ insurer, Crum & Forster Specialty Insurance Company (Insurer); and 3) J&J Fish’s landlord, Vision Land, LLC (Vision). Recognizing Insurer’s right to subrogate against Vision based on the terms of the parties’ lease, the District Court held Insurer owed J&J Fish coverage for the losses it sustained, but that Insurer could subrogate against Vision for anything it had to pay J&J Fish. In J&J Fish, Vision and J&J Fish signed a lease (Lease) for a building (the Building) located in Milwaukee, Wisconsin. The Lease required Vision to “purchase and keep in full force and effect on the building(s) . . . insurance against fire and such other risks as may be included in all-risks policies . . .” Vision, however, never obtained any insurance on the Building. Pursuant to the Lease, Vision also agreed to “maintain and repair the structure including the slab floor and exterior walls of the Premises.” With respect to J&J Fish, the Lease required J&J Fish to maintain “Physical Damage insurance, including but not limited to fire . . . and all other risks of direct physical loss as insured . . . for the full replacement cost of all additions, improvements (including leasehold improvements) and alterations to the Premises.” J&J Fish purchased a commercial property and casualty insurance policy (the Policy) from Insurer. The Policy covered “additions, improvements . . . and alterations” as the Lease required. In addition, it insured the Building itself against “collapse,” subject to certain exceptions. Read the court decision
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Reprinted courtesy of William L. Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

Best Lawyers Honors 48 Lewis Brisbois Attorneys, Recognizes Four Partners as 'Lawyers of the Year'

August 30, 2021 — Lewis Brisbois
Best Lawyers has selected 48 Lewis Brisbois attorneys across 27 offices for inclusion in its list of 2022 Best Lawyers in America. It has also recognized four Lewis Brisbois partners as "Lawyers of the Year": Cleveland/Akron Partner John F. Hill (Bet-the-Company Litigation); San Diego Partner Marilyn R. Moriarty (Medical Malpractice Law - Defendants); Portland Managing Partner Eric J. Neiman (Medical Malpractice Law - Defendants); and Sacramento Partner Eric J. Stiff (Corporate Law). Please join us in congratulating these four partners and the following attorneys on their Best Lawyers recognition. Seattle Partner Randy J. Aliment: Commercial Litigation

Reno Managing Partner Jack G. Angaran: Insurance Law, Litigation - Construction, Litigation - Real Estate

Los Angeles Partner Brian G. Arnold: Litigation - Intellectual Property, Litigation - Patent

Los Angeles/Orange County Partner John L. Barber: Employment Law - Management, Litigation - Labor and Employment

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Reprinted courtesy of Lewis Brisbois

Alexis Crump Receives 2020 Lawyer Monthly Women in Law Award

August 31, 2020 — Alexis Crump - Lewis Brisbois
Los Angeles Partner Alexis G. Crump has been recognized with a 2020 Lawyer Monthly "Women in Law Award." In receiving this honor, Ms. Crump joins an elite group of women from around the world who have influenced the legal profession with their experience and expertise. Lawyer Monthly’s "Women in Law Awards" emerged as one of the first industry awards to celebrate the achievements and contributions made by women working globally in the legal sector and in business. Recognizing women at all levels of seniority, the publication seeks to acknowledge the challenges that female legal professionals regularly overcome to serve their clients and perform at their best. “It is an honor to be recognized alongside so many outstanding and accomplished women. I look forward to continuing to support my colleagues in their work and participating in the global network of female attorneys,” Ms. Crump said. Read the court decision
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Reprinted courtesy of Alexis Crump, Lewis Brisbois
Ms. Crump may be contacted at Alexis.Crump@lewisbrisbois.com

Trends in Project Delivery Methods in Construction

April 03, 2023 — Sarah B. Biser - ConsensusDocs
The three key measures of a construction project’s success are cost, quality, and time (delays). The project delivery method that the owner of the project selects can affect each of these metrics. Project delivery methods in complex construction projects evolve as technology and processes improve. The traditional methods of design-bid-build (DBB), design-build (DB), and construction management (CM) have been the standard for many years. More recently, however, newer methods such as integrated project delivery (IPD), and public-private partnerships (PPP) have gained traction. Design – Bid – Build (DBB) Design-bid-build is the oldest, most commonly used method of project delivery. It involves three distinct phases: design, bid/award, and construction. An owner asks a team of professionals, such as architects, engineers, and contractors, to produce design documents that will be used to solicit bids. After the owner evaluates the bids and chooses a contractor, a construction contract is written. While this method is the most familiar and well-understood, it can lead to disputes during the construction process as changes are made to the original plans. In DBB, the owner bears the risk for funding increased costs attributed to design changes and related delays – thanks to the Spearin Doctrine, which holds that the owner impliedly warrants the information, plans, and specifications that it provides to a general contractor. See 248 U.S. 132 (1918) Although the owner cannot claim against the contractor, it can make a claim against the design firm. Read the court decision
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Reprinted courtesy of Sarah B. Biser, Fox Rothschild LLP (ConsensusDocs)
Ms. Biser may be contacted at sbiser@foxrothschild.com

Ambiguity Kills in Construction Contracting

February 15, 2018 — Christopher G. Hill – Construction Law Musings
Well, I’m back and hope to have a more consistent publishing schedule moving forward. I appreciate the continued readership through what has been a busy time for my solo construction practice over the last couple of months. Now, back to our program. . . Here at Construction Law Musings, I have often beaten the drum of a solid contract that leaves as little as possible to chance or the dreaded “grey areas” where we construction lawyers like to make money. An example of the issues that can arise from ambiguity can be found in a case from 2017 in the Western District of Virginia, W.C. English, Inc. v. Rummel, Klepper & Kahl, LLP et al Read the court decision
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Reprinted courtesy of Christopher G. Hill – The Law Officeof Christopher G. Hill, PC

The Uncertain Future of the IECC

January 11, 2021 — Christopher G. Hill - Construction Law Musings
For this week’s Guest Post Friday, I welcome an old friend and past Guest Post Friday contributor, Mike Collignon. Mike is the Co-Founder and Executive Director of the Green Builder® Coalition. He engages in national and state-level advocacy and publishes regular content for Green Builder® Media. Mike is also the Chair of the WERS Development Group and has served as the moderator or host for Green Builder® Media’s Impact Series webinars from 2012–present. The following is an op-ed based on the author’s attendance at public meetings and conversations with inside sources. “I think that you will all agree that we are living in most interesting times.” – Joseph Chamberlain, 1898 2020 was a historic year, both for reasons we currently comprehend and for reasons we may only understand in retrospect. Depending on how an upcoming ICC Board decision goes, it may prove to be the year the IECC met its demise. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Five Pointers for Enforcing a Non-Compete Agreement in Texas

June 08, 2020 — Kristopher M. Stockberger - The Grindstone Lewis Brisbois' Labor & Employment Blog
1. The Devil’s in the Details Under Texas law, for a non-compete agreement to be enforceable, it must meet strict requirements as to timing, geography, and the type of conduct that it prohibits. While courts have enforced agreements for between one and two years, your situation could be subject to a shorter time period. If the geographical scope of the agreement is too broad or vague, that could render the agreement unenforceable. Also, the type of conduct prohibited by your agreement should be tied to the specifics of your business, because categorical barriers to other employment are often not enforced. If an employer knowingly instructs an employee to enter an overbroad non-compete agreement, the employer runs the risk of paying the employee’s attorneys’ fees. 2. Timing on the Front End If an employee has been with an employer for years and the employer suddenly decides to have her sign a non-compete without any other meaningful change in the employee’s role, then the agreement will probably not be enforceable, unless the employee receives “consideration.” In this context, consideration is something of value, other than money or benefits, which the law deems to warrant protection by a non-compete agreement. For example, allowing an employee to learn the secret formula to Coca-Cola or to gain access to an employer’s confidential financials constitutes legally sufficient consideration given to an employee in exchange for the employee’s promises in a non-compete agreement. Read the court decision
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Reprinted courtesy of Kristopher M. Stockberger, Lewis Brisbois
Mr. Stockberger may be contacted at Kris.Stockberger@lewisbrisbois.com

Wood Wizardry in Oregon: Innovation Raises the Roof for PDX Terminal

April 15, 2024 — Aileen Cho - Engineering News-Record
Drones, self-propelled modular transporters and a curtain wall that really does hang off the roof like a curtain are all notable technologies that made installing an 18-million-lb timber roof possible at Portland International Airport. Of equal weight is the emphasis on full-scale sourcing of the timber and representing the Pacific Northwest’s residents, history and geography. Reprinted courtesy of Aileen Cho, Engineering News-Record Ms. Cho may be contacted at choa@enr.com Read the full story... Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES