Fairfield Connecticut Building Expert Directory

Does “Faulty Workmanship” Constitute An Occurrence Under Your CGL Policy?

January 08, 2024 — David Adelstein - Florida Construction Legal Updates
There is nothing more scintillating than an insurance coverage dispute, right? Well, some folks would agree with this sentiment. Others would spit out their morning coffee in disagreement. Regardless of where you fall in the spectrum, they are always important because maintaining insurance is a NECESSARY part of business, particularly in the construction industry. The ideal is to have insurance that covers risks you are assuming in the performance of your work. Sometimes, insurance coverage disputes provide valuable insight, even in disputes outside of Florida. Recently, the Western District of Kentucky in Westfield Insurance Co. v. Kentuckiana Commercial Concrete, LLC, 2023 WL 8650791 (W.D.KY 2023), involved such a dispute. While different than how Florida would treat the same issue, it’s still noteworthy because it sheds light into how other jurisdictions determine whether “faulty workmanship” constitutes an “occurrence” under a commercial general liability (CGL) policy. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Whitney Stefko Named to ENR’s Top Young Professionals, formerly ENR’s Top 20 Under 40, in California

February 16, 2017 — Haight Brown & Bonesteel LLP
Every year, Engineering News-Record (ENR) honors young professionals who are making a big splash in the construction industry. This year, ENR named Whitney Stefko to its list of individuals who represent the best of the best in the construction industry. In its feature article, “Top Young Professionals Make a Big Impact in Construction Industry,” Stefko is recognized for her expertise in professional liability and construction defense law, and her success in representing hundreds of cases on behalf of developers, general contractors, subcontractors and design professionals. Read the court decision
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Reprinted courtesy of Whitney L. Stefko, Haight Brown & Bonesteel LLP
Ms. Stefko may be contacted at wstefko@hbblaw.com

Nine ACS Lawyers Recognized as Super Lawyers

August 15, 2022 — Cassidy Ingram - Ahlers Cressman & Sleight
ACS is very honored and pleased to announce nine members of our firm were awarded the distinction of top attorneys in Washington. Our blog articles usually cover Construction Legal News, but we feel this is a newsworthy accolade to be shared with friends and clients. To become candidates to receiving the Super Lawyer nomination, lawyers are nominated by a peer or identified by research. After completing this first step in the process, Super Lawyers’ research department analyzes 12 indicators, such as experience, honors/awards, verdicts/settlements, and others. As for the third step, there is a peer evaluation by practice area. Finally, for step four, candidates are grouped into four firm-size categories. In other words, solo and small firm lawyers are compared only with other solo and small firm lawyers, and large firm lawyers are compared with other large firm lawyers. The process is very selective and only 5 percent of the total lawyers in Washington are nominated as Super Lawyers. Read the court decision
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Reprinted courtesy of Cassidy Ingram, Ahlers Cressman & Sleight
Ms. Ingram may be contacted at cassidy.ingram@acslawyers.com

Implementation of CA Building Energy Efficiency Standards Delayed

February 25, 2014 — Beverley BevenFlorez-CDJ STAFF
In his California Construction Law blog, Garret Murai published the recent Industry Bulletin released by the California Contractors State License Board (CSLB) regarding the delayed implementation of the California Building Energy Standards. CSLB has delayed implementation from January 1st, 2014 to July 1, 2014 due to “unanticipated delays in developing complete performance compliance software for 2013 Public Domain Residential and Nonresidential California Building Energy Code Compliance guidelines, necessitating the CEC action to change the effective date of energy related provisions.” The Industry Bulletin summarized changes regarding various codes including 2013 California Energy Code, Part 6; 2013 California Administrative Code, Chapter 10, Part 1; and, 2013 CALGreen, Part 11. According to the bulletin, as reported by the California Construction Law blog, “Contractors are encouraged to contact their local building enforcement agencies for assistance and/or clarification.” Read the court decision
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Mortgage Applications in U.S. Jump 11.6% as Refinancing Surges

October 22, 2014 — Danielle Trubow – Bloomberg
Mortgage applications in the U.S. soared last week as a plunge in borrowing costs led to biggest gain in home refinancing since January 2012. The Mortgage Bankers Association’s index rose 11.6 percent in the period ended Oct. 17, the biggest gain since January, after a 5.6 percent advance the week before, figures from the Washington-based group showed today. The refinancing gauge jumped 23.3 percent while the purchase applications measure dropped 4.6 percent. Read the court decision
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Reprinted courtesy of Danielle Trubow, Bloomberg
Ms. Trubow may be contacted at dtrubow@bloomberg.net

In Review: SCOTUS Environmental and Administrative Decisions in the 2020 Term

August 10, 2021 — Anthony B. Cavender - Gravel2Gavel
Several decisions of interest were issued in the 2020 term, which stretched from October 2020 until early July 2021. This review will concentrate on environmental and administrative law cases. Texas v. New Mexico On December 14, 2020, the Court issued its ruling in an Original Action. Water is precious in the Pecos River Valley, and the distribution of water is governed by the Pecos River Compact. Here, Texas complained that New Mexico illegally was seeking delivery credits for evaporated water credits but the Court agreed that New Mexico was entitled to these credits under the provisions of the River Master’s Manual. Florida v. Georgia On April 1, 2021, in another waters right ruling on an Original Action filed in the Supreme Court, the Court rejected Florida’s claims that Georgia’s use of interstate waters harmed Florida’s businesses. Florida had to satisfy a heavy burden of proof, which it failed to do. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

No Coverage for Collapse of Building

January 04, 2021 — Tred R. Eyerly - Insurance Law Hawaii
Damage to a building caused by the break of a water pipe was not a collapse under the policy. Naabani Twin Stars v. Travelers Cos., 2020 U.S. Dist. LEXIS 196443 (D. N. M. Oct. 22, 2020). An underground water line ruptured on plaintiffs property This caused a collapse under the adjacent parking lot, which in turn caused land beneath the building go change positions and damage the building. A geotechnical consultant concluded that a material change in the site conditions occurred as a direct result of the rupture of the water pipe in the parking lot, and that those changes directly affected the settlement of the building. Travelers denied coverage for the damage. Travelers concluded that the building settlement was the result of subsurface movement, which invoked the earth movement exclusion. Travelers inspection concluded that the building was not in a state of collapse. The policy defined collapse as "an abrupt falling down or caving in of a building or structure, or any part of a building or structure, with the result that the building, or part of the building, cannot be occupied for its intended purpose." 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

ENR 2024 Water Report: Managers Look to Potable Water Reuse

July 15, 2024 — Pam McFarland - Engineering News-Record
With nearly all seven states within the 250,000-sq-mile Colorado River basin scrambling to conserve their apportionments from the river system’s increasingly depleted resources, interest in securing alternative local drinking water supplies is soaring. Reprinted courtesy of Pam McFarland, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Read the full story... Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES