Fairfield Connecticut Building Expert Directory

NTSB Faults Maintenance, Inspection Oversight for Fern Hollow Bridge Collapse

March 19, 2024 — Jim Parsons - Engineering News-Record
The City of Pittsburgh’s failure to act for more than a decade on repeated maintenance and repair recommendations regarding the Fern Hollow Bridge was the probable cause for the structure’s dramatic 2022 collapse, the National Transportation Safety Board (NTSB) said at its Feb. 21, 2024, meeting. The city is the owner of the bridge. 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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Trio of White and Williams Attorneys Named Top Lawyers by Delaware Today

January 06, 2020 — John Balaguer, FACTL, Stephen Milewski, & Dana Monzo - White and Williams
White and Williams is pleased to announce that John Balaguer, Managing Partner of the Wilmington office, Partner Stephen Milewski, and Counsel Dana Spring Monzo have been chosen by their peers as Delaware Today's 2019 "Top Lawyers." The annual list recognizes John, Steve and Dana in the practice area of Medical Malpractice, Defense. Delaware Today conducts an annual survey of the 4,900 members of the Delaware State Bar Association to identify top lawyers in specific practice areas. The magazine’s editors compile the results to create the annual Top Lawyers list, which is published in the November issue. Reprinted courtesy of White and Williams attorneys John Balaguer, Stephen Milewski and Dana Monzo Mr. Balaguer may be contacted at balaguerj@whiteandwilliams.com Mr. Milewski may be contacted at milewskis@whiteandwilliams.com Ms. Monzo may be contacted at monzod@whiteandwilliams.com Read the court decision
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As Trump Visits Border, Texas Landowners Prepare to Fight the Wall

February 11, 2019 — Associated Press - Engineering News-Record
HIDALGO, Texas (AP) — As President Donald Trump traveled to the border in Texas to make the case for his $5.7 billion wall , landowner Eloisa Cavazos says she knows firsthand how the project will play out if the White House gets its way. The federal government has started surveying land along the border in Texas and announced plans to start construction next month. Rather than surrender their land, some property owners are digging in, vowing to reject buyout offers and preparing to fight the administration in court. Read the court decision
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Reprinted courtesy of Engineering News-Record
ENR may be contacted at ENR.com@bnpmedia.com

Using the Prevention Doctrine

April 22, 2019 — David Erhart - Gordon & Rees Construction Law Blog
The following scenario happens regularly in the construction industry. A contractor on a project reaches out to a subcontractor to perform work. Excited about the prospect of performing the work, the subcontractor signs a contract and puts it nose to the grindstone. After dutifully completing the work the subcontractor turns to the contractor and asks to be paid. But, the contractor refuses saying that there is a provision in the subcontract that says the contractor is only obligated to pay the subcontractor if the contractor receives payment from the owner. So the contractor has completed the work, but has no money to show for it. One potential remedy for a subcontractor in this situation is the use of the prevention doctrine. “Under the prevention doctrine, ‘if a promisor prevents or hinders fulfillment of a condition to his performance, the condition may be waived or excused.’” Cox v. SNAP, Inc., 859 F.3d 304, 308 (4th Cir. 2017) (quoting Moore Bros. Co. v. Brown & Root, Inc., 207 F.3d 7171, 725 (4th Cir. 2000)). “Put simply, ‘where a party to a contract is the cause of the failure of the performance of the obligation due him or her, that party cannot in any way take advantage of that failure.’” Haddon Hous Assocs v. United States, 711 F.3d 1330, 1338 (Fed. Cir. 2013) (quoting Restatement (Second) of Contracts § 245; Williston, § 39:4). Read the court decision
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Reprinted courtesy of David Erhart, Gordon & Rees Scully Mansukhani
Mr. Erhart may be contacted at derhart@grsm.com

Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition

May 17, 2021 — Garret Murai - California Construction Law Blog
Readers of this blog are familiar with the concept of the design immunity defense. Codified at Government Code section 830.6, it provides in pertinent that a public entity is not liable for an injury caused by a plan or design of a public improvement where the plan or design has been “approved in advance . . . by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved” if the trial or appellate court finds that there “is any substantial evidence upon the basis of which (a) a reasonable public employee could have adopted the plan or design or the standards therefor or (b) a reasonable legislative body or other body or employee could have approved the plan or design or the standards therefor.” In the next case, Tansavatdi v. City of Rancho Palos Verdes, Case No. B293670 (January 29, 2021), the 2nd District Court of Appeal examined whether the design immunity defense also serves as a defense to a claim that a public entity has a duty to warn of a dangerous condition on public property. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Up in Smoke - 5th Circuit Finds No Coverage for Hydrochloric Acid Spill Based on Pollution Exclusion

October 19, 2020 — Kerianne E. Kane & David G. Jordan - Saxe Doernberger & Vita
The Fifth Circuit Court of Appeals recently held that an insurer was not obligated to pay damages associated with a hydrochloric acid spill based on a pollution exclusion in the policy. In Burroughs Diesel, Inc. v. Travelers Indemnity Co. of America,1 a trucking company sued its property insurer, Travelers Indemnity Company of America (“Travelers”) when it refused to pay a claim for a storage tank leak which resulted in over 5,000 gallons of hydrochloric acid entering the property and causing significant damage to buildings, vehicles, tools, and equipment. The acid was initially dispensed in liquid form, but quickly became a cloud that engulfed the property. Travelers denied coverage for the claim based on the pollution exclusion because “acids” fell within the policy’s definition of “pollutants.” The trucking company sued Travelers in the United States District Court for the Southern District of Mississippi, alleging breach of contract and breach of good faith and fair dealing for refusing to pay the claim. The trucking company argued that coverage was warranted because there is an exception to the pollution exclusion if “the discharge, dispersal, seepage, migration, release or escape is itself caused by any of the ‘specified causes of loss,’” and the hydrochloric acid cloud was a form of “smoke,” which is a specified cause of loss covered by the policy. The District Court entered summary judgment in favor of Travelers, finding that the trucking company failed to demonstrate that an exception to the pollution exclusion applied. The trucking company appealed to the Fifth Circuit Court of Appeals. Reprinted courtesy of Kerianne E. Kane, Saxe Doernberger & Vita and David G. Jordan, Saxe Doernberger & Vita Ms. Kane may be contacted at kek@sdvlaw.com Mr. Jordan may be contacted at dgj@sdvlaw.com Read the court decision
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Virginia Joins California and Nevada in Passing its Consumer Privacy Act

March 15, 2021 — Kyle Janecek – Newmeyer Dillion
California tends to be on the forefront in consumer privacy laws within the United States. However, there is a growing momentum for other states to join California in legislating consumer privacy rights, as well as pushes for federal legislation. The latest state to join in and pass consumer privacy legislation is Virginia, with its Virginia Consumer Data Protection Act (VCDPA). With Virginia joining the fray, several questions arise, such as how closely does the VCDPA follow California's legislation? How, if at all, does it differ from already-existing legislation? What do businesses need to comply with the VCDPA, if at all? WHAT IS THE VIRGINIA CONSUMER DATA PROTECTION ACT? The VCDPA largely mimics elements from its Californian cousins, the California Consumer Privacy Act (CCPA) as modified by the California Privacy Rights Act (CPRA). The main features of the law include: (a) issuing the right to request what information is collected; (b) the right to correct information provided; (c) the right to deletion; (d) providing notice to consumers regarding the collection of their data; and (e) protecting consumer data. Further, the consumer requests, akin to the CCPA, do require verification, and similarly phrased data security practices that rely on how "reasonable" they are, depending on the volume and type of information at issue. Though, the VCDPA does expand on this slightly, requiring "data protection assessments" to determine the security of protected information, how it is shared and used, the benefits in sharing the information and harm resulting from any breaches. Read the court decision
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Reprinted courtesy of Kyle Janecek, Newmeyer Dillion
Mr. Janecek may be contacted at kyle.janecek@ndlf.com

Owner’s Slander of Title Claim Against Contractor Recording Four Separate Mechanics Liens Fails Under the Anti-SLAPP Statute

February 01, 2021 — Garret Murai - California Construction Law Blog
Most mechanics lien actions follow a pretty standard process:

A mechanics lien claimant, either a contractor subcontractor, material supplier, or laborer, performs work but is not paid;
Mechanics lien claimant records a mechanics lien on the property in which work was performed; and
Within 90 days thereafter files suit to foreclose on the mechanics lien.

Sometimes, either before or after a mechanics lien claimant files suit, the owner will record a mechanics lien release bond, in which case mechanics lien claimant files suit against the release bond. But what if a mechanics lien claimant records a mechanics lien, the owner records a mechanics lien release bond, and the mechanics lien claimant records three different but identical mechanics liens thereafter? Is this even legal? Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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