Fairfield Connecticut Building Expert Directory

Elizabeth Lofts Condo Owners Settle with Plumbing Supplier

January 28, 2014 — Beverley BevenFlorez-CDJ STAFF
The owners of the Elizabeth Lofts condominiums in the Pearl District, Portland, Oregon have settled with Victaulic Co., the plumbing supplier who allegedly “sold failing parts,” reported The Oregonian. The case had been scheduled to go to trial this month. “Lawsuits filed by owners at the Avenue Lofts, the Benson Tower and The Edge Lofts are moving forward in federal courts.” The Elizabeth Lofts owners alleged “parts used in the buildings’ plumbing systems were disintegrating and causing water damage,” according to The Oregonian. The owners association had sought over three million in damages, though Phillip E. Joseph, Elizabeth Lofts owners’ attorney, said “he couldn’t disclose the terms” of the settlement. Victaulic’s attorney “declined to comment.” Read the court decision
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Contractual Waiver of Consequential Damages

January 02, 2019 — David Adelstein - Florida Construction Legal Updates
Contractual waivers of consequential damages are important, whether they are mutual or one-sided. I believe in specificity in that the types of consequential damages that are waived should be detailed in the waiver of consequential damages provision. Standard form construction agreements provide a good template of the types of consequential damages that the parties are agreeing to waive. But, what if there is no specificity in the waiver of consequential damages provision? What if the provision just states that the parties mutually agree to waive consequential damages or that one party waives consequential-type damages against the other party? Let me tell you what would happen. The plaintiff will argue that the damages it seeks are general damages and are NOT waived by the waiver of consequential damages provision. The defendant, on the other hand, will argue that the damages are consequential in nature and, therefore, contractually waived. FOR THIS REASON, PARTIES NEED TO APPRECIATE WHAT DAMAGES ARE BEING WAIVED OR LIMITED, AND POTENTIALLY THOSE DAMAGES NOT BEING WAIVED OR LIMITED, WHEN AGREEING TO A WAIVER OF CONSEQUENTIAL DAMAGES PROVISION! Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Wisconsin Court of Appeals Re-affirms American Girl To Find Coverage for Damage Caused by Subcontractors

September 20, 2021 — Tred R. Eyerly - Insurance Law Hawaii
The trial court's finding of no occurrence and no property damage due to faulty workmanship was reversed by the appellate court. No. 5 Walworth v. Engerman Contracting, Inc., 2021 Wis. App. LEXIS 401 (Wis. Ct. App, July 30, 2021). Engerman was the general contractor on a construction project at a residence. Engerman was hired to build a poll complex. Engerman subcontracted the project to Downes Swimming Pool Co., Inc. Downes purchased shotcrete (sprayed concrete) from Otto Jacobs Company LLC for the swimming poll walls and base. After completion, the pool immediately began leaking. An investigation determined that the shotcrete material was not installed correctly, contributing to cracking in the pool walls and the steel reinforcing bars were not sufficient to prevent cracks in the pool walls. The owner demolished the pool and constructed a new one. Thereafter, the owner sued Engerman, its insurers (General Casualty Company of Wisconsin and West Bend Mutual Insurance Company) and Downes and its insurer. Downes filed a third-party complaint against Jacobs and its insurer (Acuity Mutual Insurance Company) alleging Jacobs negligently provided inferior shotcrete to Downes. 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

Some Construction Contract Basics- Necessities and Pitfalls

January 03, 2022 — Christopher G. Hill - Construction Law Musings
Recently, I’ve been on an “advising” kick here at Construction Law Musings. My last two posts have been about communication and trusting your gut when it comes to a smooth construction project. This post will be the third in the trilogy (and who knows maybe I’ll have a 4th and 5th like the Hitchhiker’s Guide to the Galaxy “trilogy”). While all construction contractors should use their communication skills and instincts to assure a smooth and hopefully profitable project, all of the gut following and great communication will not help you if your contract is not up to snuff. In the spirit of giving you a few basics things to look at, here’s my list of three basics that you need in your contract and a three things to be on the lookout for in others’ contracts. First, the good stuff that needs to be there:

Attorney Fees Clause– without it, a Virginia court (and most other courts) will not award you a judgment for any attorney fees spent to protect your rights.
Dispute Resolution– whether the specified resolution is through the litigation process, ADR or some combination, such a clause or paragraph will only help define the parameters of what happens with a claim.
Detailed scope of work– Without the proper detail in the scope of work, the parties cannot properly set expectations and know what happens when things change.

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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Diggerland, UK’s Construction Equipment Theme Park, is coming to the U.S.

January 22, 2014 — Beverley BevenFlorez-CDJ STAFF
This summer, Sahara Sam’s Oasis, located in West Berlin, New Jersey, will open Diggerland Adventure Park, a new 14-acre construction equipment themed amusement park, according to Equipment World. The United Kingdom currently has Diggerlands in four locations: “There, the parks use primarily JCB backhoes, excavators, and skid steers in a variety of ways.” Machines are used as rides, including “Spindizzy, in which an excavator takes a bucket full of people on a 360 degree spin.” Diggerland is currently owned by Allsafety Ltd. Read the court decision
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Supreme Court Overrules Longstanding Decision Supporting Collection of Union Agency Fees

July 02, 2018 — Amy R. Patton, Blake A. Dillion, & Eric C. Sohlgren - Payne & Fears
In a 5 to 4 opinion, the United States Supreme Court overruled a longstanding decision which required government employees who are represented by but do not belong to a union, to pay a fair share or agency fee to cover the union's costs for collective bargaining activities. In Janus v. American Federation of State, County, and Municipal Employees, Council 31, 585 U.S. ___ (2018), the Supreme Court found that requiring such fees from nonconsenting public sector employees violates the First Amendment: "[n]either an agency fee nor any other form of payment to a public-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay." Reprinted courtesy of Payne & Fears attorneys Amy R. Patton, Blake A. Dillion and Eric C. Sohlgren Ms. Patton may be contacted at arp@paynefears.com Mr. Dillion may be contacted at bad@paynefears.com Mr. Sohlgren may be contacted at ecs@paynefears.com Read the court decision
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Vacation Rentals: Liability of the Owner for Injury Suffered by the Renter

May 13, 2019 — Kevin J. Parker - Snell & Wilmer Real Estate Litigation Blog
With the explosion of the “private” rental business wherein residential property owners rent their house or condo on a short-term basis to third-parties, certain legal issues have arisen with regard to the duties owed by the property owner to the renter. A recent Virginia Supreme Court case, Haynes-Garrett v. Dunn, 818 S.E.2d 798 (Va. 2018), addressed that issue. In that case, the property owners owned a rental house in Virginia Beach. The property was not the owners’ main residence, but rather a vacation home that was sometimes used by the owners, but mostly used as a rental. The issue addressed by the court was whether – for the purpose of evaluating the owners’ duty of care to the renter – the relationship should be classified as a “landlord-tenant” relationship or an “innkeeper-guest” relationship. This classification was important because the duties of the owner to the renter were significantly different depending on the category. In the landlord-tenant arena, under Virginia law, the landlord has no duty to maintain the property in a safe condition because the property is deemed to be under the tenant’s exclusive control. (An exception being concealment or fraud by the landlord as to some defect in the premises that is known to the landlord but unknown to the tenant.) Assuming that exception does not apply, the tenant takes the premises in whatever condition they may be in, thus assuming all risk of personal injury from defects or dangerous conditions. Read the court decision
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Reprinted courtesy of Kevin J. Parker, Snell & Wilmer
Mr. Parker may be contacted at kparker@swlaw.com

Floating Cities May Be One Answer to Rising Sea Levels

August 07, 2022 — Adam Minter - Bloomberg
Thanks to climate change, sea levels are lapping up against coastal cities and communities. In an ideal world, efforts would have already been made to slow or stop the impact. The reality is that climate mitigation remains difficult, and the 40% of humanity living within 60 miles of a coast will eventually need to adapt. One option is to move inland. A less obvious option is to move offshore, onto a floating city. It sounds like a fantasy, but it could real, later if not sooner. Last year, Busan, South Korea's second-largest city, signed on to host a prototype for the world's first floating city. In April, Oceanix Inc., the company leading the project, unveiled a blueprint. Representatives of SAMOO Architects & Engineers Co., one of the floating city's designers and a subsidiary of the gigantic Samsung Electronics Co., estimate that construction could start in a "year or two," though they concede the schedule might be aggressive. “It's inevitable,” Itai Madamombe, co-founder of Oceanix, told me over tea in Busan. “We will get to a point one day where a lot of people are living on water.” Read the court decision
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Reprinted courtesy of Adam Minter, Bloomberg

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