Fairfield Connecticut Building Expert Directory

Two Architecturally Prized Buildings May be Demolished

January 17, 2014 — Beverley BevenFlorez-CDJ STAFF
The historic Portland Public Services Building, designed by Michael Graves, may be demolished after a report showed that “the 32-year-old building needs more than $95 million worth of repairs,” Dezeen Magazine reported. The Portland, Oregon building “is credited with being one of the first major buildings of postmodernism.” According to The Oregonian, the Portland city commissioners have differing opinions as to how to proceed. Council member Amanda Fritz commented that she “doesn’t think the problems at The Portland Building are all that bad compared to other city facilities,” while council member Nick Fish stated, “There’s got to be a better option than putting another $100 million into a white elephant.” Dezeen Magazine also reported that the former American Folk Art Museum in New York is scheduled to be demolished to make room to extend the Museum of Modern Art (MoMA). Glenn Lowry, the MoMA director, stated that the decision came after a six-month study: “The analysis that we undertook was lengthy and rigorous, and ultimately led us to the determination that creating a new building on the site of the former American Folk Art Museum is the only way to achieve a fully integrated campus.” The decision is being criticized by “architects, conservationists, and critics” reported Dezeen Magazine. Architects Tod Williams and Billie Tsien designed the former American Folk Art Museum. Williams and Tsien stated, “Demolishing this human-scaled, uniquely crafted building is a loss to the city of New York in terms of respecting the size, diversity and texture of buildings in a midtown neighborhood that is at risk of becoming increasingly homogenized." Read the full story at Dezeen Magazine re The Portland Building... Read the full story at The Oregonian re The Portland Building... Read the full story at Dezeen Magazine re American Folk Art Museum... Read the court decision
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Insured's Testimony On Expectation of Coverage Deemed Harmless

August 30, 2017 — Tred R. Eyerly - Insurance Law Hawaii
Affirming the district court, the Third Circuit found that the insured's testimony that she expected her loss to be covered was harmless. Gordon v .Allstate Prop. & Cas. Ins. Co., 2017 U.S. App. LEXIS 13507 (3rd Cir. July 26, 2017). After a storm, portions of the stone facade of the insured's home collapsed. Allstate denied coverage because her policy was limited to "sudden and accident physical loss to the property" caused by a named peril, including windstorm. Allstate contended that the damage to the home was caused by neglect, not the storm. Read the court decision
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Reprinted courtesy of Tred R. Eyerly - Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Former Trump Atlantic City Casino Set for February Implosion

December 29, 2020 — Stephanie Loder - Engineering News-Record
The 39-story main tower of the former Trump Plaza hotel-casino on the Atlantic City, N.J., boardwalk, sold to investor Carl Icahn in 2016, will be imploded in February by a Philadelphia general contractor already in the process of dismantling the former showplace of President Donald Trump's real estate holdings. Reprinted courtesy of Stephanie Loder, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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Which Cities have the Most Affordable Homes?

October 08, 2014 — Beverley BevenFlorez-CDJ STAFF
Builder analyzed U.S. cities with populations of half a million or more and then filtered further with cities that have a “median new home closing price under $250,000, a first mortgage rate below 4 percent for new homes, and a median new home price per square foot below $125.” Topping the list was El Paso, Texas with the lowest median price ($168,600). Fifth on the list was San Antonio-New Braunfels, Texas with a median price of $230,400. Read the court decision
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San Diego Appellate Team Prevails in Premises Liability Appeal

December 06, 2021 — Corinne Bertsche, Jeffry Miller & Tracy Forbath - Lewis Brisbois
San Diego, Calif. (October 28, 2021) - San Diego Appellate Practice Partners Jeffry A. Miller and Corinne C. Bertsche, along with Associate Tracy D. Forbath, recently obtained a win on appeal when California's Court of Appeal for the Second Appellate District, Division Four affirmed the trial court’s grant of a client homeowners association’s motion for summary judgment. In the underlying matter, the plaintiff alleged claims for premises liability and negligence for injuries he sustained when tripping over an uplift of two misaligned adjacent slabs of concrete sidewalk, measuring 1.25 inches and located next to a condominium complex. The appellate court agreed that the defect in question was a trivial defect as a matter of law, despite the plaintiff’s arguments that there was a triable issue of material fact as to whether the uplift’s dangerousness was exacerbated by the presence of aggravating factors. The appellate court found that the plaintiff’s expert declaration did not support the alleged aggravating factors with admissible evidence, and that the trial court did not abuse its discretion in excluding it. Reprinted courtesy of Corinne Bertsche, Lewis Brisbois, Jeffry Miller, Lewis Brisbois and Tracy Forbath, Lewis Brisbois Ms. Bertsche may be contacted at Corinne.Bertsche@lewisbrisbois.com Mr. Miller may be contacted at Jeff.Miller@lewisbrisbois.com Ms. Forbath may be contacted at Tracy.Forbath@lewisbrisbois.com Read the court decision
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With No Evidence of COVID-19 Being Present, DC Trial Court Finds No Claim for Business Interruption

September 28, 2020 — Tred R. Eyerly - Insurance Law Hawaii
A D.C. Superior Court rejected a business interruption claim due to closures related to the COVID-19 pandemic. Rose's 1, LLC v. Erie Ins. Exchange, Civil Case No 2020 CA 002424 B (Order dated Aug. 8, 2020). The decision is here. Plaintiffs owned a number of restaurants in the District of Coiumbia. Plaintiffs had commercial property coverage in a policy issued by Erie. The policy provided coverage for loss of income sustained due to interruption of business resulting directly from "loss or damage" to the insured property. DC Mayor Bowser issued a series of orders in March 2020 which closed all non-essential businesses, including plaintiffs' restaurants. Plaintiffs filed claims with Erie. When coverage was denied, plaintiffs filed suit. Both sides moved for summary judgment. The dispute centered on whether the closure of the restaurants due to the mayor's orders constituted a "direct physical loss" under the policy. Plaintiffs argued that the loss of use of the restaurants was "direct" because the closures were the direct result of the mayor's orders without intervening action. The court reasoned, however, that the orders were governmental edicts that commanded individuals and businesses to take certain actions. Standing alone and absent intervening actions by individuals and businesses, the orders did not effect any direct changes to the properties. 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

San Francisco Bay Bridge Tower Rod Fails Test

May 20, 2015 — Beverley BevenFlorez-CDJ STAFF
The San Francisco Chronicle reported that “[o]ne of the steel rods anchoring the tower of the new Bay Bridge eastern span has failed a key integrity test, suggesting it became corroded and broke during years when it was soaking in water.” Hundreds of other rods have also been steeped in water, which raises concerns about how stable the bridge might be during a major earthquake. Gareth Lacy, a Transportation Agency spokesperson, told the Chronicle that “[t]hey are investigating why one seismic rod at the base at the tower moved when it was pulled by the machine,” Lacy said. “It did not carry the expected load, and the next step is to remove it to fully investigate its condition.” Read the court decision
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Georgia Coal-to-Solar Pivot Shows the Way on Climate Regs

July 02, 2014 — Mark Drajem and Margaret Newkirk – Bloomberg
Georgia small-business owner Julian Smith keeps hearing that the Obama administration’s latest climate regulations will drive up local electric bills. He doesn’t believe the prediction, but he isn’t arguing: The fears are doing wonders for his solar-panel installation company. “My phone is blowing up with new customers,” Smith, owner of SolarSmith LLC of Savannah, said in an interview. “It turns out that if you tell everybody the amount they will spend on electricity will skyrocket, they will believe you.” In Smith’s home state, as in the rest of the nation, businesses and consumers are struggling to size up competing claims about the Environmental Protection Agency’s plan to cut carbon pollution from power plants, released June 2. The proposed regulations are among the most sweeping and complex in the EPA’s history, promising to revamp the way electricity has been generated and distributed for a century. Mr. Drajem may be contacted at mdrajem@bloomberg.net; Ms. Newkirk may be contacted at mnewkirk@bloomberg.net Read the court decision
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Reprinted courtesy of Mark Drajem and Margaret Newkirk, Bloomberg

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