Fairfield Connecticut Building Expert Directory

It’s Time to Include PFAS in Every Property Related Release

June 01, 2020 — John Van Vlear & Gregory Tross - Newmeyer Dillion
While the federal government and states (including California) are working on establishing standards and how to manage the toxic chemicals known as PFAS (as defined below), certain states and banks are requiring testing for PFAS to approve no-further-action (NFA) determinations or to underwrite loans. PFAS do not easily fit within standard definitions of hazardous substances used in today’s agreements. Thus, if you want to ensure you and your successors are released for PFAS which later environmental testing may reveal, ensure such is specifically listed in your releases. What Are PFAS As depicted in the recent major-release movie Dark Waters, PFAS are a group of very stable man-made chemicals that are both toxic and ubiquitous. They are long-chain chemicals which means they do not naturally degrade easily. Reprinted courtesy of John Van Vlear, Newmeyer Dillion and Gregory Tross, Newmeyer Dillion Mr. Vlear may be contacted at john.vanvlear@ndlf.com Mr. Tross may be contacted at greg.tross@ndlf.com Read the court decision
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California Case Adds Difficulties for Contractors & Material Suppliers

August 20, 2014 — Beverley BevenFlorez-CDJ STAFF
Garret Murai in his California Law Blog declared that “things just got a lot tougher for contractors and material suppliers in the Golden State.” In his blog, Murai analyzed the recent case Golden State Boring & Pipe Jacking, Inc. v. Eastern Municipal Water District, Case No. E054618 (July 23, 2014), in which “the California Court of Appeals for the Fourth Appellate District found that a subcontractor’s public works payment bond claim was time barred because its stop payment notice was served ‘before’ a notice of completion was recorded.” Murai explained the importance of the ruling and how it changed the status quo: “Whereas before, it was commonly understood that you could serve a stop payment notice ‘during’ construction (after all, that was the point wasn’t it, to stop construction funds before they are paid out), now you may have only have a 30 day window (probably less) to serve a stop notice within 30 days after a notice of completion or notice of cessation is recorded.” Read the court decision
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Smart Cities Offer New Ideas for Connectivity

April 05, 2017 — Jennifer Seward - Engineering News-Record
Innovative, technology-driven communities are being designed and constructed for the next generation—and beyond. Although each of them is uniquely planned, experts say the central theme of connectivity is the key to turning concepts into reality. Read the court decision
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Reprinted courtesy of Jennifer Seward, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument

April 10, 2019 — Jason M. Taylor - TLSS Insurance Law Blog
Professional liability policies often include some form of a “related claims” or “related acts” provision stating that if more than one claim results from a single wrongful act, or a series of related wrongful acts, such claims will be treated as a single claim and deemed first made during the policy period in which the earliest claim was made. These provisions can have significant implications on the applicable policy and policy limits, retroactive date issues, and whether such claims were first made and reported during a particular policy period. Recently, the Ninth Circuit issued a stern reminder of how the particular policy language can effect, and in this case thwart, the intended scope of the carrier’s “related claims” provision. In Attorneys Ins. Mut. Risk Retention Grp., Inc. v. Liberty Surplus Ins. Corp., 2019 WL 643442 (9th Cir. Feb. 15, 2019), the Ninth Circuit construed a “related claims” provision included in two consecutive lawyers professional liability policies. During both the 2009–2010 and 2010–2011 insurance policy periods, attorney J. Wayne Allen (“Allen”) was insured through his employer by Liberty Surplus Insurance Corporation’s (“Liberty”) professional liability insurance. Third parties filed suit against Allen during the 2009–2010 policy period in a probate case, and a second, related civil suit during the 2010–2011 policy period. Read the court decision
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Reprinted courtesy of Jason M. Taylor, Traub Lieberman
Mr. Taylor may be contacted at jtaylor@tlsslaw.com

How Tech Is Transforming the Construction Industry in 2019

July 08, 2019 — Ginger Butz - Construction Executive
The immediate applications and benefits of Industrial Internet of Things technologies are obvious in industries like manufacturing and computing, but these digital transformation technologies may not be top of mind for construction managers. It’s time for that mindset to change. Worldwide spending on IIoT is expected to reach nearly $2 trillion in 2022, proving that these technologies hold a significant amount of value to the industries using them. That rings especially true in construction, where IIoT stands to bolster an already significant commitment to safety and communication. Construction managers should keep these technologies firmly on the radar when making investments in 2019. Smart equipment With sensors and radio-frequency identification (RFID) tags, even legacy construction equipment can become part of a construction company’s IIoT fleet. The data collected from these machines provides construction managers with a wealth of knowledge around downtime, safety, labor, efficiency and more. Additionally, the next era of smart construction equipment will feature more autonomous vehicles and automatic equipment shutdown, both of which promote worker safety. Autonomous vehicles, which self-correct based on feedback and environmental factors, also free up human engineers to move from maintenance tasks into more complex roles that leverage the feedback data reported by IIoT machinery. Reprinted courtesy of Ginger Butz, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Ms. Butz may be contacted at info@moreycorp.com

Massachusetts High Court: Attorney's Fee Award Under Consumer Protection Act Not Covered by General Liability Insurance Policy

September 19, 2022 — Jeffrey J. Vita & David G. Jordan - Saxe Doernberger & Vita, P.C.
In the case of Vermont Mutual Insurance Co. v. Poirier, 189 N.E.3d 306 (Mass. 2022), Massachusetts’ Supreme Judicial Court concluded that an award of attorney's fees pursuant to Chapter 93A (Massachusetts’ Consumer Protection Act) is not covered under an insured’s general liability insurance policy. Applying Massachusetts law, the Court found that a statutory award of attorney’s fees stemming from a bodily injury claim is not reasonably considered “damages because of bodily injury” or “costs taxed against the insured” so as to trigger general liability coverage. Facts of the Case A Servpro company (owned by Mr. and Mrs. Poirier) was hired to clean up a basement after a sewage spill. The owners of the home were injured by fumes from chemicals used in the cleanup and accordingly brought suit against the Poiriers and their Servpro business. In the lawsuit, the homeowners alleged negligence, breach of contract, and also a Chapter 93A claim, asserting breach of warranty of merchantability and warranty of fitness for a particular purpose. Prior to trial, the plaintiffs waived the negligence and breach of contract claims and sought a bench trial on the Chapter 93A claims alone. Reprinted courtesy of Jeffrey J. Vita, Saxe Doernberger & Vita, P.C. and David G. Jordan, Saxe Doernberger & Vita, P.C. Mr. Vita may be contacted at JVita@sdvlaw.com Mr. Jordan may be contacted at DJordan@sdvlaw.com Read the court decision
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Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies

March 06, 2022 — Nathan A. Cazier & Scott S. Thomas - Payne & Fears
The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general liability (“CGL”) policies. A small minority of states take a much stingier view. In a newly decided case, a Pennsylvania federal court confirmed that Pennsylvania belongs to this small group of states that regard construction claims as not worthy of liability insurance coverage. Main St. Am. Assurance Co. v. Howard Lynch Plastering, Inc., No. CV 21-3977, 2022 WL 445768, (E.D. Pa. Feb. 14, 2022). Main St. involves a typical construction defect case: W.B. Homes (“W.B.”) developed a residential community, contracting with various trades to build the homes. W.B. required these subcontractors to obtain liability insurance covering their work and, when homeowners sued W.B. for damages due to allegedly faulty work, W.B. tendered the claim to these insurers. One of them, Main Street Assurance Co. (“Main Street”) then sued W.B. for declaratory relief, arguing that under Pennsylvania law, it had no duty to defend W.B. Reprinted courtesy of Nathan A. Cazier, Payne & Fears and Scott S. Thomas, Payne & Fears Mr. Cazier may be contacted at nac@paynefears.com Mr. Thomas may be contacted at sst@paynefears.com Read the court decision
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Congratulations to San Diego Partner Alex Giannetto and Senior Associate Michael Ibach on Settling a Case 3 Weeks Into a 5-Week Trial!

April 15, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Partner Alex Giannetto and Senior Associate Michael Ibach of BWB&O’s San Diego office started a trial in San Diego set to last at least five weeks. Plaintiffs alleged causes of action of negligence, trespass and nuisance against BWB&O’s client, arguing the owner/property manager did not properly handle alleged overwatering of the front yard, allegedly resulting in a landslide impacting 8 homes on a City slope in Carlsbad. Cross-Complainant City alleged independent negligence to fix the slope it owned and controlled as well as various indemnity-based causes of action against BWB&O’s client. Plaintiffs claimed over $24 million in damages, while Cross-Complainant placed sole blame for the incident on BWB&O’s client around $6 million. Heading into trial, it was made clear that neither Plaintiffs nor Cross-Complainant would accept anything less than 7-figures to settle BWB&O’s client out of the case. In the first week of trial, BWB&O was able to leverage motions in limine, opening statements, and cross-examinations to secure a dismissal of three of the four causes of action alleged by Plaintiff that were associated with pain & suffering. In the second week of trial, BWB&O secured a dismissal of Cross-Complainant’s negligence cause of action paving the way for a settlement with Plaintiffs. Leveraging the threat of a non-suit when Plaintiffs rested, BWB&O secured resolution of Plaintiffs’ complaint for a fraction of what had previously been sought. Finally, BWB&O was able to secure a dismissal of the remaining indemnity-based causes of action in the cross-complaint and fully extract the client from the matter. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES