Fairfield Connecticut Building Expert Directory

Amazon Hits Pause on $2.5B HQ2 Project in Arlington, Va.

March 27, 2023 — Jim Parsons - Engineering News-Record
Amazon is tapping the brakes on its $2.5-billion HQ2 second headquarters project in Arlington County, Va., announcing an indefinite delay to the start of the program’s 2.8-million-sq-ft second phase, known as PenPlace. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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Certificate of Merit to Sue Architects or Engineers Bill Proposed

May 03, 2011 — CDJ STAFF

North Carolina may become the twelfth state to require a Certificate of Merit to sue an architect or engineer. If North Carolina Senate Bill 435 (SB435) passes, then plaintiffs when filing a complaint will need to also attach an affidavit of a third-party licensed professional engineer or architect stating that the case has merit.

SB435 is a short two pages in its current form. The bill states that the “third-party licensed professional engineer or licensed architect shall (i) be competent to testify and hold the same professional license and practice in the same area of practice as the defendant design professional and (ii) offer testimony based upon knowledge, skill, experience, education, training, and practice. The affidavit shall specifically state for each theory of recovery for which damages are sought, the negligence, if any, or other action, error, or omission of the design professional in providing the professional service, including any error or omission in providing advice, judgment, opinion, or a similar professional skill claimed to exist and the factual basis for each such claim. The third-party licensed professional engineer or licensed architect shall be licensed in this State and actively engaged in the practice of engineering or architecture respectively.”

A few of the amendments allude to disciplining design professionals who certify civil actions that are without merit. The bill has been referred to the Committee on Judiciary I.

While North Carolina is considering enacting a Certificate of Merit law, eleven other states already require one, including Arizona, California, Colorado, Georgia, Maryland, Minnesota, New Jersey, Oregon, Pennsylvania, South Carolina, and Texas. Christopher D. Montez, a partner with Thomas, Feldman & Wilshusen, LLP, has written a useful summary for each state’s certificate of merit scheme.

Read the text of SB435

Track the progress of SB435

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Effectively Managing Project Closeout: It Ends Where It Begins

August 06, 2019 — William E. Underwood - ConsensusDocs
Project closeout is sometimes one of the last things on a contractor’s mind at the beginning of a project, but project closeout can have a huge impact on a contractor’s overall profitability and success. Effectively managing the closeout process is critical, and it all begins with the negotiation and execution of the project contract. This contract can, and should, provide a complete roadmap for project closeout, as addressing these issues on the front end can set up the parties for successful project completion. It is then equally important to re-review the terms of the contract as project closeout approaches to ensure that everyone, including the owner, adheres to all contractual requirements. This article examines several pertinent issues related to project closeout that should be addressed during the contracting stage, including defining substantial and final completion, inspection and acceptance, punch lists, and warranties. Defining Substantial and Final Completion Having clear definitions for both substantial and final completion in your construction contract is an important and necessary early step in achieving successful project closeout. Read the court decision
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Reprinted courtesy of William E. Underwood, Jones Walker LLP
Mr. Underwood may be contacted at wunderwood@joneswalker.com

Cracked Girders Trigger Scrutiny of Salesforce Transit Center's Entire Structure

November 21, 2018 — Nadine M. Post - Engineering News-Record
Nov. 15, 2018 Update: After calling on Nov. 8 for a “complete structural evaluation” of San Francisco's 1.2-million-sq-ft SalesForce Transit Center, following the discovery on Sept. 25 of significant, mid-span cracks in the bottom flanges of twin parallel girders spanning 80 ft over Fremont Street, the Transbay Joint Powers Authority now says the problems with girders are localized. Read the court decision
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Reprinted courtesy of Nadine M. Post, ENR
Ms. Post may be contacted at postn@enr.com

Stay-At-Home Orders and Work Restrictions with 50 State Matrix

April 27, 2020 — Smith Currie
As each day of the coronavirus pandemic passes, more and more states, cities and counties across the country are implementing stay-at-home (or shelter-in-place) orders and restrictions on individuals and businesses. These restrictions are impacting numerous persons and businesses, including those working in the construction industry. Smith Currie is keeping abreast of these restrictions and has developed the matrix below identifying statewide and local restrictions in place. This matrix is by no means complete, and we will continue updating it as we become aware of additional orders. In the write ups included with the PDF below, you will find links to the applicable orders with more detailed information. Consult legal counsel for advice on the impact of a particular restriction or restrictions to your business. Read the court decision
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Reprinted courtesy of Smith Currie
The firm Smith Currie may be contacted at info@smithcurrie.com

Surety Trends to Keep an Eye on in the Construction Industry

March 25, 2024 — Oliver Craig - Construction Executive
Reflecting on the dynamics of the 2023 construction and surety industries, it is evident that opportunities and challenges have emerged for contractors that will shape the landscape for the year ahead. Contractors can not only capitalize on these trends but protect the successful companies they have already built. PROJECT OPPORTUNITIES There has been a notable increase in public works opportunities, driven by increased government spending and the aging infrastructure in the United States. This trend is expected to continue in 2024 and beyond, with a notable portion of work coming in transportation- and public-utility-related infrastructure. Due to increased spending, many contractors are reporting historically high backlogs—and that often includes the largest project their company has contracted in their history. While increased spending presents more opportunity, it’s critical contractors be even more diligent about new opportunities, giving additional consideration to the following: Job Selection: New geographies, scope, project owners and/or subcontractor relationships commonly come with a learning curve. With the current state of the market, it’s not the ideal time to be learning costly lessons. Contractors should focus on having a proactive go/no-go strategy when reviewing potential projects to identify risks early and plan accordingly. Reprinted courtesy of Oliver Craig, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Claimants’ Demand for Superfluous Wording In Release Does Not Excuse Insurer’s Failure to Accept Policy Limit Offer Within Time Specified

September 15, 2016 — Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLP
In Barickman v. Mercury Casualty Co. (No. B260833, filed 7/25/16, ord. pub. 8/15/16) a California appeals court affirmed a $3 million bad faith award against Mercury Casualty Co. based upon its failure to accept a policy limit demand within the time provided, finding that wording inserted by the claimants’ counsel into the release did not affect the insured’s rights such that the refusal to agree to the wording was unreasonable and in bad faith, exposing the insurer to liability for the insured’s stipulated judgment. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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20 Wilke Fleury Attorneys Featured in Sacramento Magazine 2020 Top Lawyers!

August 24, 2020 — Wilke Fleury
Congratulations to Wilke Fleury’s featured attorneys who made the Sacramento Magazine’s Top Lawyer List for 2020! Each attorney has been awarded an accolade in the following practice areas: Kathryne Baldwin – Insurance Dan Baxter – Business Litigation & Government Contracts Adriana Cervantes – Medical Malpractice Heather Claus – Health Care Aaron Claxton – Health Care Dan Egan – Bankruptcy and Creditor/Debtor Samson Elsbernd – Employment & Labor Danny Foster – Litigation Insurance David Frenznick – Construction & Construction Litigation George Guthrie – Real Estate & Construction Litigation Ron Lamb – Medical Malpractice Neal Lutterman – Medical Malpractice Steve Marmaduke – Business/Corporate & Real Estate Gene Pendergast – Estate Planning & Probate Mike Polis – Health Care Matthew Powell – Business Litigation Bianca Samuel – Employment & Labor Shannon Smith-Crowley – Legislative & Governmental Affairs Spencer Turpen – Medical Malpractice Steve Williamson – Business Litigation & Bankruptcy and Creditor/Debtor Read the court decision
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Reprinted courtesy of Wilke Fleury

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES