Fairfield Connecticut Building Expert Directory

Measures Landlords and Property Managers Can Take in Response to a Reported COVID-19 Infection

May 18, 2020 — Kyle Janecek & Jason Morris - Newmeyer Dillion
Most landlords and property managers are now familiar with steps they should be taking to reduce the spread of COVID-19. But what if a tenant or employee has tested positive with COVID-19? Unfortunately, many landlords and property managers are grappling with this very question. While there’s some clarity as it pertains to evictions in the landlord-tenant context, other considerations like disinfection, required notices, and maintenance, are evolving or unclear. Here are steps landlords and property managers can take in response to an employee or tenant testing positive with COVID-19. Measures Landlords Can Take for Employees For workplaces, there is a large variety of guidelines and procedures that are generally available to review. The Centers for Disease Control and Prevention (CDC) has valuable guidance available online here and here. The Occupational and Safety Health Administration (OSHA) has valuable guidance available online here. In short, if there is an incident where one employee may have exposed others to COVID-19, here are five steps employers should take:

Send the affected employee home and instruct them not to return to work until the criteria to discontinue home isolation are met in consultation with healthcare providers, and state and local health departments. Make sure to maintain all information about employee illnesses as a confidential medical record.
Ask the affected employee whether they have had close contact with any other workers.

Reprinted courtesy of J. Kyle Janecek, Newmeyer Dillion and Jason L. Morris, Newmeyer Dillion Mr. Janecek may be contacted at kyle.janecek@ndlf.com Mr. Morris may be contacted at jason.morris@ndlf.com Read the court decision
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Norfolk Southern Accused of Trying to Destroy Evidence of Ohio Wreck

February 27, 2023 — Jef Feeley - Bloomberg
Norfolk Southern Corp.’s plan to remove wrecked rail cars from a derailment that resulted in potentially poisonous gas being released over an Ohio town will destroy evidence of the company’s liability, lawyers for residents say. Lawyers in proposed class-action lawsuits over the Feb. 3 accident on Friday asked a federal judge to block the company from clearing the wreckage in East Palestine, Ohio. According to the lawyers, Norfolk Southern informed them last week that it planned to move the 11 rail cars by March 1 and would make them available for inspection for only two days. Adam Gomez, a lawyer for East Palestine residents, said in a court filing that it was “common sense” to keep the wreckage where it is for now. “These communities have questions and we need the evidence to answer them,” he said. Read the court decision
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Reprinted courtesy of Jef Feeley, Bloomberg

Settling with Some, But Not All, of the Defendants in a Construction Defect Case

March 28, 2018 — David Adelstein – Florida Construction Legal Updates
Construction defect lawsuits can be complex multi-party disputes, especially when the plaintiff is doing what is necessary to maximize recovery. This means the plaintiff may sue multiple defendants associated with the defects and damage. For example, the owner (e.g., plaintiff) may sue the contractor, subcontractors, design professionals, etc. due to the magnitude of the damages. In many instances, the plaintiff is suing multiple defendants for overlapping damages. The law prohibits a plaintiff from double-recovering for the same damages prohibiting the windfall of a plaintiff recovering twice for the same damages. Perhaps this sentiment is straight common sense, but this sentiment is a very important consideration when it comes to settling with one or more of the defendants, while potentially trying the construction defect case as to remaining defendants. Analysis and strategy is involved when settling with some but not all of the defendants in a construction defect case (and, really, for any type of case). Time must be devoted to crafting specific language in the settlement agreements to deal with this issue. Otherwise, the settlement(s) could be set-off from the damage awarded against the remaining defendants. The recent decision in Addison Construction Corp. v. Vecellio, 43 Fla.L.Weekly D625(a) (Fla. 4th DCA 2018) details the analysis and strategy required when settling with some but not all of the defendants in a construction defect case, and the concern associated with a trial court setting-off the settlement amount from the damage awarded against the remaining defendants. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at Dadelstein@gmail.com

Wendel Rosen’s Construction Practice Group Welcomes Quinlan Tom

January 06, 2016 — Garret Murai – California Construction Law Blog
There’s been more cheer than usual at Wendel Rosen’s Construction Practice Group this holiday season. Earlier this month, Quinlan Tom, a construction and business attorney, joined us from McInerney & Dillon, a venerable and well-respected construction boutique firm (we know a lot of folks there) with local roots like us in Oakland, California. We’ve all known Quinlan for a while, so when he decided to join our band of merry legal practitioners, we were quite thrilled. Being lawyers though, and better at asking than answering questions, we decided to pose a few questions to Quinlan: Q. So, you’ve just been sworn to tell the truth, the whole truth, and nothing but the truth, under penalty of perjury. So, tell us about your practice. A. Let me just start with it’s quite an honor to appear in your blog; I’ve been a reader for a while (in secret of course before I got to Wendel Rosen). I’m also excited to join you and the other members of Wendel Rosen’s Construction Practice Group; as you mention, I’ve known each of you professionally for quite some time and respect each of you tremendously. I started as a construction litigator right out of law school. I completed three years of mechanical engineering at UC Davis and put that on my resume when I was looking for a job after law school. (In addition, my dad retired after 40 years in the trenches as a union electrician). McInerney & Dillon (“M&D”) and a couple of other firms found that interesting and I ended up starting with M&D. I did find that my engineering studies helped with my acclimation to construction disputes. While I never pretend to be an engineer, it has provided me with a foundation of how the construction process works and how the projects are designed. 26 years later, I continue to enjoy counseling my clients in their construction disputes/issues and still find each construction project I am involved with fascinating. I have tried, arbitrated and litigated cases for 26 years, from the United States District Court to the California Superior Court and the California Office of Administrative Hearings. I have argued cases before the Ninth Circuit Court of Appeals and the California Court of Appeal. I counsel my clients into hopefully making the best business decisions available melding the knowledge I have gleaned from my litigation experience with their financial and personal goals. 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

68 Lewis Brisbois Attorneys Recognized in 5th Edition of Best Lawyers: Ones to Watch in America

September 23, 2024 — Lewis Brisbois Newsroom
(August 15, 2024) – 68 Lewis Brisbois attorneys across 26 offices have been named to the 5th edition of “Best Lawyers: Ones to Watch in America.” Congratulations to the following attorneys on this recognition! You can see the list of Lewis Brisbois attorneys named to Best Lawyers' 30th edition of The Best Lawyers in America here. Reprinted courtesy of Lewis Brisbois Read the full story... Read the court decision
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Policy Lanuage Expressly Prohibits Replacement of Undamaged Material to Match Damaged Material

March 09, 2020 — Tred R. Eyerly - Insurance Law Hawaii
Construing an all-risk Businessowners Policy, the court found that the policy language did not required replacement of undamaged material match materials that were damaged. Pleasure Creek Townhomes Homeowners' Ass'n v. Am. Family Ins. Co., 2019 Minn. App. Unpub. LEXIS 1095 (Minn. Ct. App. Nov. 25, 2019). The policy covered the Association's 14 townhome buildings. In June 2017, a hail storm damaged siding on all 14 buildings. An appraisal panel included the cost to replace the undamaged, faded siding in its appraisal award so that it would match the new siding. American Family refused to pay this component - which was appraised at about $211,382 - of the award. An exclusion in the policy provided,

We will not pay to repair or replace undamaged material due to mismatch between undamaged material and new material used to repair or replace damaged material.

We do not cover the loss in value to an property due to mismatch between undamaged material and new material used to repair or replace damaged material.

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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Indiana Court Enforces Contract Provisions rather than Construction Drawing Markings

January 14, 2015 — Beverley BevenFlorez-CDJ STAFF
Timothy J. Abeska, a vice-chair of Barnes & Thornburg LLP’s Construction Law Practice Group, analyzed Goodrich Quality Theaters, Inc. v. Fostcorp Heating and Cooling, Inc., 16 N.E.3d 426 (Ind. Ct. App. 2014), which “provides an example of a court enforcing contract provisions rather than markings on construction drawings that are inconsistent with contract requirements.” The case evolved from a dispute on a construction of an IMAX theater, when the general contractor did not understand the architect’s markings for non-standard joist girders, and ordered standard joist girders, per the contract. The error created delays and other problems, which led to payment disputes and mechanic’s liens against the project. Abeska stated that “[t]his case shows the importance of making sure all documents which comprise a construction contract are consistent with each other, as courts will enforce contracts negotiated by the parties. The case also demonstrates that litigation is not a quick process, as the Court of Appeals Opinion was issued more than seven years after the project was completed.” 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