Fairfield Connecticut Building Expert Directory

Insured's Motion for Reconsideration on Denial of Coverage Unsuccessful

September 28, 2017 — Tred R. Eyerly - Insurance Law Hawaii
The insured's motion to reconsider an order granting the insurer summary judgment challenges the insured's theory it was an additional insured was rejected by the federal district court. Hanover Ins. Co. v. Superior Labor Servs., 2017 U.S. Dist. LEXIS 133127 (E.D. La. Aug. 21, 2017). The court previously granted Lexington Insurance Company's motion for summary judgment, finding Allied Shipyard, Inc. was not an additional insured and was not entitled to a defense in the underlying actions. On reconsideration, Allied argued the court ruled it was not a "certificate holder" under the Lexington policy, but Allied was not given the opportunity to conduct discovery with respect to whether it was a "certificate holder." Summary judgment was granted before Allied answered Lexington's amended complaint in intervention. Allied submitted its answer could have raised a genuine issue of material fact because it was entitled to coverage under the policy if it was a certificate holder. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

What If an Irma-Like Hurricane Hit the New York City Metro Area?

September 20, 2017 — Christopher Flavelle & Henry Goldman - Bloomberg
It sounds like a Hollywood disaster movie. A Category 5 hurricane churning in the mid-Atlantic suddenly veers northwest -- and heads straight for New York City. The good news is that, for now, experts agree a Cat 5-sized deluge appears to be a meteorological impossibility in the U.S. Northeast, given today’s sea temperatures and weather patterns. The bad news: A storm doesn’t need to pack the wallop of a Harvey or an Irma to knock out the region. Superstorm Sandy, whose wind speed was a relatively tame 80 miles per hour when it reached New Jersey, did $70 billion of damage in October 2012. Irma made landfall in Puerto Rico at 185 mph. Reprinted courtesy of Christopher Flavelle, Bloomberg and Henry Goldman, Bloomberg Read the court decision
Read the full story...
Reprinted courtesy of

Changes to Va. Code Section 43-13: Another Arrow in a Subcontractor’s Quiver

November 02, 2020 — Christopher G. Hill - Construction Law Musings
As is always the case here in Virginia, our General Assembly has made some legislative changes that affect construction contracting. One of these changes is an amendment to Va. Code 43-13 found in the mechanic’s lien section of the Virginia Code. This section of the code has always required that any money paid to a contractor must first go toward paying its subcontractors, suppliers and laborers prior to being used for any other purpose. Prior to 2020, the only remedy for violaiton of Va. Code 43-13 was to go to the local Commonwealth’s Attorney and request a prosecution of the wrongdoer. For various reasons, including that such action did not get the subcontractor or supplier that remained unpaid under this section paid, this remedy was not often pursued except in the most egrigious cases. A key change in the statute occurred during the 2020 legislative session states as follows:

Any breach or violation of this section may give rise to a civil cause of action for a party in contract with the general contractor or subcontractor, as appropriate; however, this right does not affect a contractor’s or subcontractor’s right to withhold payment for failure to properly perform labor or furnish materials on the project. Any contract or subcontract provision that allows a contracting party to withhold funds due under one contract or subcontract for alleged claims or damages due on another contract or subcontract is void as against public policy.

Read the court decision
Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Statutes of Limitations May be the Colorado Contractors’ Friend

April 18, 2011 — Beverley BevenFlorez CDJ STAFF

Albert Wolf, a principal in Wolf Slatkin & Madison P. C., has written an interesting article on statutes of limitations in construction defect claims in Colorado. While Wolf states that in most cases, “construction defect claims against construction industry participants (contractors, subcontractors, architects, engineers, etc.) requires that suits be started within two years after construction defects have been or should have been—in the exercise of reasonable diligence (care)—discovered,” if a project used the AIA General Conditions (AIA Document A2010) before the 2007 edition, the “statutes of limitations begin to run (accrue) at either substantial completion or breach by the contractor (installation of defective work), depending on the circumstances.”

“That’s a huge difference,” Wolf writes in his article. “For example, if the structural defect caused by faulty foundation work is not discovered or discoverable until walls begin to exhibit cracking more than two years after the building is completed, the owner’s claim against the contractor may be barred if the AIA provision is applied.”

Read the full story...

Read the court decision
Read the full story...
Reprinted courtesy of

Companies Move to Houston Area and Spur Home Building

December 30, 2013 — CDJ STAFF
A number of companies are developing commercial properties in the Kingwood area of the Houston metropolitan region and that’s spurring residential development as well. According to the Houston Chronicle, a number of key industries will be moving the area. And it’s leading to a lot of residential and commercial development. The 4,000-acre mixed-use development Generation Park will include offices, hotels, shops, and other amenities. But an important part of its success is expected to come from the adjacent master-planned community, Summerwood. Another development, Kingwood Parc City Center will include retail, restaurants, a movie theater, and office space. Other development in the Kingwood area includes a $71 million addition to the Kingwood Medical Center. The new tower will specialize in services for women and infants. Read the court decision
Read the full story...
Reprinted courtesy of

New Jersey School Blames Leaks on Construction Defects, May Sue

January 28, 2013 — CDJ STAFF
The Carlstadt Board of Education recently commissioned a investigation into the water leaks at Carlstadt Public School. The report has not been released in full, but redacted board minutes make reference to "a lack of waterproofing, drainage and clogged or buried weep holes." The investigation is ongoing and the board's business administrator, Pamela Baxley, states that its "ability to recover damages in potential litigation may be impacted should this information be released prior to the conclusion of their investigation." The building in question opened in April 2007, and the leaking began that October. The contractor has fixed leaks, but further leaks have occurred. Read the court decision
Read the full story...
Reprinted courtesy of

New Orleans Is Auctioning Off Vacant Lots Online

March 12, 2015 — Patrick Clark – Bloomberg
New Orleans is selling almost 1,800 properties on the Web to fatten its tax coffers and build on the momentum it's enjoying in the local real estate market. The question is, who's going to show up for the online auction, and what are they going to do with the lots they buy? On Friday, the city posted a list of 1,786 properties—90 percent of them vacant lots—that it plans to sell in the auction. Bidding on the properties, of which the city took control after the owners failed to pay property taxes, will start at $3,000 in most cases, plus the cost of trying to track down the most recent owner. Read the court decision
Read the full story...
Reprinted courtesy of Patrick Clark, Bloomberg
Mr. Clark may be contacted at jclark185@bloomberg.net

Traub Lieberman Attorneys Named 2019 Super Lawyers

November 04, 2019 — Traub Lieberman
Related Attorneys: Jonathan R. Harwood, Michael K. Kiernan, Michael S. Knippen, Meryl R. Lieberman, Christopher Russo, Scot E. Samis, Lisa L. Shrewsberry, Stephen D. Straus, Richard K. Traub, Cheryl P. Vollweiler, Brian C. Bassett, Jessica N. Kull, Jeremy S. Macklin, Dana A. Rice, Burks A. Smith, III, Jason Taylor Ten Traub Lieberman attorneys have been named 2019 Super Lawyers and seven named 2019 Rising Stars. The honored attorneys represent five of the firm's seven offices and nearly all of its service areas. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas, who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. Read the court decision
Read the full story...
Reprinted courtesy of

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES