Fairfield Connecticut Building Expert Directory

Default Should Never Be An Option

June 19, 2023 — Christopher G. Hill - Construction Law Musings
Every time I think that the construction industry has learned that failure to respond to a lawsuit is never the correct response, another case of default judgment comes out. I’ve discussed on multiple occasions that failure to respond can only lead to disaster. Aside from being barred from making any substantive response to the allegations against you, there are other consequences including the inability to seek a reasonable settlement because the other side has no reason to negotiate. One of the more disastrous results recently came about in the Norfolk Division of the Eastern District of Virginia District Court. The case of L & W Supply Corp v. Driven Construction et. al. involved a supplier that sought to enforce its credit agreement against both the corporate entity of the contractor, Driven, and the guarantor, a principal of the company. Needless to say, there was no response to the lawsuit and the Plaintiff filed for default judgment. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Watch Your Step – Playing Golf on an Outdoor Course Necessarily Encompasses Risk of Encountering Irregularities in the Ground Surface

May 08, 2023 — Kaitlyn A. Jensen & Lawrence S. Zucker II - Haight Brown & Bonesteel LLP
On April 27, 2023, the First District Court of Appeal issued an opinion in Walter Wellsfry, et al. v. Ocean Colony Partners, LLC (A165175, April 27, 2023) affirming summary judgment for a golf course owner on the grounds that the injured golfer’s lawsuit was barred by the primary assumption of risk doctrine. In doing so, the Court of Appeal found that outdoor golfers assume the risks associated with the topographical features of the course, including the risk of stepping on an inconspicuous tree root. Recreational golfer Walter Wellsfry was walking from a tee box back to his golf cart when he allegedly stepped on a small tree root concealed by grass, causing him to fall into his golf cart in immediate pain. The ground consisted of mixed terrain, including a combination of grass, dirt, and sand. The tree root was estimated to be approximately 1.5 inches high by 1.5 inches wide. Believing he may have only sprained an ankle, Wellsfry continued the course and reported the incident to management. He later sued the golf course owner Ocean Colony Partners for negligence, claiming that the tree root was a “hidden obstruction” creating an unreasonable risk of harm to anyone who traversed the area. Reprinted courtesy of Kaitlyn A. Jensen, Haight Brown & Bonesteel LLP and Lawrence S. Zucker II, Haight Brown & Bonesteel LLP Mr. Jensen may be contacted at kjensen@hbblaw.com Mr. Zucker may be contacted at lzucker@hbblaw.com Read the court decision
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Future Army Corps Rulings on Streams and Wetlands: Changes and Delays Ahead

November 06, 2023 — Mark Sudol - Engineering News-Record
New regulations published by the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers dramatically reduce federal protections of previously regulated streams and wetlands. This change will lead to further controversy and litigation as the legal terms are applied to physical features on the ground leading to conflicting interpretations by the regulated public, environmentalists and federal agencies. Reprinted courtesy of Mark Sudol, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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As of July 1, 2024, California Will Require Most Employers to Have a Written Workplace Violence Prevention Program (WVPP) and Training. Is Your Company Compliant?

June 17, 2024 — Jason L. Morris & Louis "Dutch" Schotemeyer - Newmeyer Dillion
The California legislature passed Senate Bill 553 (SB 553) in 2023. This bill requires most California employers to implement a written Workplace Violence Prevention Program (WVPP) and to train employees on the WVPP. At Newmeyer Dillion, we are dedicated to helping you navigate these requirements and maintain a safe, compliant work environment. Act Now: Two Weeks to Comply With SB 553's July 1st compliance deadline, employers have just two weeks to develop and implement a compliant Workplace Violence Prevention Program (WVPP). The clock is ticking, and it is imperative to act swiftly to ensure compliance and protect your employees. What is SB 553? SB 553 is a legislative measure aimed at enhancing workplace safety by mandating specific actions from employers to prevent workplace violence. This bill recognizes the growing concern around workplace violence incidents and the need for proactive measures to maintain a safe workplace. The key components of SB 553 include:

Establishment of a Workplace Violence Prevention Program (WVPP): Employers are required to develop and implement a comprehensive written WVPP tailored to their specific workplace environment and risks.

Reprinted courtesy of Jason L. Morris, Newmeyer Dillion and Louis "Dutch" Schotemeyer, Newmeyer Dillion Mr. Morris may be contacted at jason.morris@ndlf.com Mr. Schotemeyer may be contacted at dutch.schotemeyer@ndlf.com Read the court decision
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Housing Starts Plunge by the Most in Four Years

May 20, 2015 — Bloomberg
(Bloomberg) -- Housing starts plummeted in February by the most since 2011 as plunging temperatures and snow became the latest hurdles for an industry struggling to recover. Work began on 897,000 houses at an annualized rate, down 17 percent from January and the fewest in a year, the Commerce Department reported Tuesday in Washington. The pace was slower than the most pessimistic projection in a Bloomberg survey of 81 economists. “Today’s report leaves me a little concerned,” said Michelle Meyer, deputy head of U.S. economics at Bank of America Corp. in New York. “While the initial reaction is to dismiss much of the drop because of the bad weather, the level of home construction continues to be depressed.” Read the court decision
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Reprinted courtesy of Bloomberg News

Insurers Need only Prove that Other Coverage Exists for Construction Defect Claims

August 27, 2013 — CDJ STAFF
Writing on the Sheppard Mullin web site, Scott Hennigh looks at the implications of the 2012 California case Axis Surplus Insurance. A condominium complex was covered by two insurance policies, covering different time periods. During a construction defect claim, one insurer argued that the claim was not covered. The other insurer settled and sued that both needed to contribute to the settlement. The court held that when multiple insurers are in conflict, the burden to prove that coverage does not exist lies solely on the party claiming it. Read the court decision
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Thank You for 18 Straight Years in the Virginia Legal Elite in Construction Law

December 31, 2024 — Christopher G. Hill - Construction Law Musings
Thank you once again to those in the Virginia legal community who elected me to the Virginia Business Legal Elite in the Construction Law category for the 18th consecutive year. The 18 consecutive years of election to the Legal Elite in the Construction Category span my nearly 15 years as a solo construction attorney. The fact that you all have continued to elect “100%” of the lawyers at The Law Office of Christopher G. Hill, PC for the last 14 years is most gratifying and only confirms that my decision to “go solo” over 14 years ago was a good one. To be included in this list of top construction attorneys is both humbling and gratifying. For the complete list of the Virginia construction lawyers who were elected along with me, see the 2024 Virginia Business Legal Elite in Construction Law. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Mountain States Super Lawyers 2019 Recognizes 21 Nevada Snell & Wilmer Attorneys

June 18, 2019 — Snell & Wilmer
Snell & Wilmer is pleased to announce that 21 attorneys from the Nevada offices have been selected for inclusion in the 2019 Mountain States Super Lawyers publication. Of those 21, 12 were recognized as Mountain States Rising Stars. Patrick Byrne was also named to the Top 100 list of attorneys for the Mountain States region. Super Lawyers, part of Thomson Reuters, is a listing of 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 independent research, peer nominations and peer evaluations. Read the court decision
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Reprinted courtesy of Snell & Wilmer

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES