Fairfield Connecticut Building Expert Directory

NLRB Broadens the Joint Employer Standard

September 17, 2015 — Craig Martin – Construction Contractor Advisor
Perhaps in anticipation of Labor Day, the National Labor Relations Board issued its ruling in Browning-Ferris Indus. of Cal. d/b/a BFI Newby Island Recyclery, establishing an easier standard for unions to prove that a joint employer relationship exists. This will make it easier for unions to make the upstream company, like a parent company, liable for unfair labor practices, even if the upstream company had no direct involvement. Some Background BFI runs a recycling plant and contracts with Leadpoint to provide workers to sort garbage in the recycling plant. The staffing agreement specifically stated that Leadpoint was the sole employer of the personnel it supplied and Leadpoint handled supervision of the employees, not BFI. Leadpoint’s employees sought to unionize and an election was held. The union filed a petition seeking a determination that Leadpoint and BFI were a joint employers. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

Housing-Related Spending Made Up Significant Portion of GDP in Fourth Quarter 2013

March 31, 2014 — Beverley BevenFlorez-CDJ STAFF
On the Insights Blog of CoreLogic, Molly Boesel reported that “housing-related spending made up 17.4 percent of GDP in [the] fourth quarter [of] 2013,” according to the latest release by the Bureau of Economic Analysis. The numbers published by the Bureau of Economic Analysis demonstrated “upward revisions in overall GDP and housing-related expenditures from the second estimate released in February 2014.” Boesel explained how they determined the housing-related spending number: “To calculate the portion of domestic spending that is related to housing, we look at three expenditures from the release: residential investment (the construction of new single- and multi-family houses), spending on housing services (rent, owner’s equivalent rent and utilities) and spending on furnishings and durable goods. Together, these expenditures made up 17.4 percent of total real GDP in the fourth quarter of 2013, the same as this time a year ago and down from the high of 20.6 percent in the third quarter of 2005.” Read the court decision
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Builder’s Risk Coverage—Construction Defects

August 20, 2019 — Brian Hearst - Construction Executive
This is the second of three articles bringing clarity to the complex and challenging course of construction exposures and providing solutions for mitigating risk through builder’s risk insurance coverage. Part I, Builder’s Risk Coverage – Language Matters, addressed a select few critical exposures to projects under the course of construction. Part II addresses how a standard builder’s risk policy may respond to a loss arising from defective construction and alternative insurance market offerings that can help with specific costs associated with construction defect loss. Coverage for Loss Ensuing from Faulty Workmanship Part I tackled the standard builder’s risk exclusion that applies to losses arising from faulty materials or workmanship. Traditionally, carriers do not have an appetite for covering a contractor’s failure to perform their work properly. There is one exception, which is coverage is available for ensuing loss – or the resulting damage to other property from faulty workmanship. If the excluded cause of loss (i.e., faulty workmanship) causes resultant damage, the builder’s risk policy will cover the damages to the extent the peril of fire is covered. The ensuing loss exception limits the faulty work exclusion to costs directly related to repairing or replacing the faulty work. For example, suppose faulty wiring work leads to a fire which damages part of a structure under construction. The faulty workmanship exclusion would apply to the actual faulty wiring work, but if fire is a covered peril under the policy (this is nearly always the case), the policy would respond to the structure’s fire damage. Reprinted courtesy of Brian Hearst, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Hearst may be contacted at Brian.Hearst@lockton.com

BHA Sponsors 28th Annual Construction Law Conference in San Antonio, TX

January 07, 2015 — Beverley BevenFlorez-CDJ STAFF
Bert L. Howe & Associates, Inc. is proud to be joining with the State Bar of Texas, Construction Law Section, as a sponsor and exhibitor at the 28th Annual Construction Law Conference to be held March 5-6, 2015 at the San Antonio Marriott Rivercenter. With offices in San Antonio and Houston, Bert L. Howe & Associates, Inc. (BHA) offers the experience of over 20 years of service to carriers, defense counsel, and insurance professionals as designated experts in over 5,000 cases. BHA’s staff encompasses a broad range of licensed and credentialed experts in the areas of general contracting and specialty trades, as well as architects, and both civil and structural engineers, and has provided services on behalf of developers, general contractors and sub-contractors. BHA’s experience covers the full range of construction defect litigation, including single and multi-family residential (including high-rise), institutional (schools, hospitals and government buildings), commercial, and industrial claims. BHA specializes in coverage, exposure, and delay claim analysis as well. Download the seminar brochure and register for the event... For more information on Bert L. Howe & Associates, Inc., you may contact Don MacGregor at dmac@berthowe.com or 210.441.8375. Read the court decision
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E-Commerce Logistics Test Limits of Tilt-Up Construction

January 28, 2019 — Jeff Rubenstone - Engineering News-Record
While “fulfillment centers” and other e-commerce logistic facilities drive a hot market for the manufacturing sector, traditional construction methods such as tilt-up concrete panels are being pushed to ever-greater heights. At a recent project in Tulsa, Okla., contractor Clayco oversaw installation of tilt-up composite panels that reached 81 ft in height, using an unusual brace and a lot of careful pre-planning. Read the court decision
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Reprinted courtesy of Jeff Rubenstone, ENR
Mr. Rubenstone may be contacted at rubenstonej@enr.com

New Jersey Construction Company Owner and Employees Arrested for Fraud

December 04, 2013 — CDJ STAFF
Frank Chimento, Jr., the owner of Chimento Construction of Parsippany, New Jersey, and three of his employees, Joseph Carsillo, Frank Chimento III, and Carl J. Corso, were arrested by federal agents. The elder Chimento is accused of falsifying his own income taxes, as well as failing to collect and turn over federal and state payroll taxes. He is additionally charged with falsifying union benefit fund contributions. The three employees are also accused of filing false income tax statements and also of attempting to defraud the state of New Jersey of unemployment compensation benefits. An additional unnamed conspirator made transactions at multiple financial institutions in order to pay employees directly in cash. One of the three employees, Mr. Carsillo, worked for the company and received cash payments while maintaining to the New Jersey Department of Labor and Workforce Development that he was unemployed. Mr. Carsillo was receiving $526 per week from the NJDOL-WD in unemployment benefits, starting in 2009. From 2009 through 2011, Mr. Carsillo received $19,988 in unemployment benefits and an additional $351,788 in wages from Chimento. Read the court decision
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The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver

March 14, 2018 — Christopher G. Hill – Construction Law Musings
Back in 2015, the Virginia General Assembly amended the mechanic’s lien statute (Va. Code 43-3) here in Virginia to preclude any contractual provision that diminishes a subcontractor or supplier’s “lien rights in a contract in advance of furnishing any labor, services, or materials.” However, this amendment was only applicable to subcontractors and suppliers. For political and other reasons, general contractors in Virginia were left out of this change. This omission by the legislature put Virginia general contractors in the position of potentially being forced by project owners to waive their mechanic’s lien rights without the ability to run that risk downstream to their subcontractors and suppliers. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

No Rest for the Weary: Project Completion Is the Beginning of Litigation

June 18, 2019 — Albert Li & Bob Fitzsimmons - Construction Executive
In today’s environment, most construction projects end up in some form of litigation. Construction is full-time employment for lawyers – from contract negotiation to project management, lien and payment issues. Years after project completion, a company still can face construction defect litigation and be served with a Notice of Opportunity to Repair, which in most states is now codified into statute. This is the beginning of what most likely will become a lawsuit, involving many of the subcontractors. Watch Out for the Construction Contract Blame Game The first phase of post construction litigation involves the review of contract and insurance policy language in an attempt to transfer responsibility in the litigation to other parties. Before construction began, contract negotiation focused on budget and timeline. In the post-construction phase, two less noticed provisions of the contract are critical – indemnity and insurance. Reprinted courtesy of Albert Li & Bob Fitzsimmons, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Fitzsimmons may be contacted at rfitzsimmons@rumberger.com Mr. Li may be contacted at ali@rumberger.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES