Fairfield Connecticut Building Expert Directory

Understanding the Miller Act

February 26, 2015 — Beverley BevenFlorez-CDJ STAFF
John P. Ahlers of Ahlers & Cressman PLLC, explained who is covered by the Miller Act in regards to Federal public works projects on the firm’s blog. Ahlers stated that “[t]he Miller Act requires that all general contractors post payment bonds on contracts in excess of $25,000.00.” In his blog post, Ahlers goes over coverage and the distinction between subcontractor and supplier. Ahlers commented, “While, at first glance, it may seem fairly simple to sort out who is and who is not covered by the Miller Act payment bond, the analysis can at times be factually and legally complex. This is an area that, if faced, the contractor should seek legal advice of an experienced construction lawyer before jumping to conclusions.” Read the court decision
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Court of Appeal Confirms Privette Doctrine as Applied to Passive Conduct of Property Owner

March 22, 2018 — Bruce Cleeland and Frances Ma – Publications & Insights
In Delgadillo v. Television Center, Inc., 2018 No. B270985, the California Court of Appeal examined and refined the Privette doctrine. Mr. Delgadillo worked as a supervisor/window cleaner for a company named Chamberlin Building Services (CBS). Television Center, Inc. (TCI) purchased an existing building and thereafter contracted with CM Cleaning Solutions, Inc. (CMC) to provide cleaning and janitorial services. CMC, on behalf of TCI, solicited a proposal from CBS to wash the building’s windows. CBS and its employees made all decisions about how the window washing would be accomplished. The window washing equipment used on the job was owned, inspected and maintained by CBS. In violation of CBS’ policy, Mr. Delgadillo, attached a safety line to a single connector which was not an acceptable anchor point. The bracket failed and Mr. Delgadillo fell 50 feet to his death. Survivors of Mr. Delgadillo filed suit against TCI for negligence and negligence per se, alleging that Mr. Delgadillo was fatally injured because TCI failed to install structural roof anchors, as required by several statutes. Reprinted courtesy of Bruce Cleeland, Haight Brown & Bonesteel LLP and Frances Ma, Haight Brown & Bonesteel LLP Mr. Cleeland may be contacted at bcleeland@hbblaw.com Ms. Ma may be contacted at fma@hbblaw.com Read the court decision
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White and Williams Announces Lawyer Promotions, Four Attorneys Promoted to Partner and One Attorney Promoted to Counsel

January 23, 2023 — White and Williams LLP
PHILADELPHIA -- White and Williams LLP is very pleased to announce the promotion of the following attorneys: Michael J. Ciamaichelo, Russell P. Lieberman, Tanya A. Salgado and Brett N. Tishler, who have become members of the firm’s partnership. All four attorneys are promoted from counsel to partner. The firm has also promoted Zachery B. Roth from associate to counsel. The partnership concluded in elevating these attorneys that each have made significant contributions to the firm and their respective practices. “All of our new partners and counsel enrich the firm both internally and externally. They have a demonstrated, deep commitment to client service excellence and through their dedication, personal sacrifice and leadership warranted elevation to partnership and counsel at White and Williams,” said firm Managing Partner Andy Susko. “We are proud to welcome these four lawyers to our partnership and look forward to their continued contributions to the firm’s success.” Read the court decision
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Reprinted courtesy of White and Williams LLP

Construction Spending Highest Since April 2009

October 25, 2013 — CDJ STAFF
The Commerce Department has announced that construction spending has increased by 0.6 percent, but that modest gain puts it at the highest it has been in four and a half years. The last time construction spending was this high was April 2009. The rise in construction spending is due to increases in both public and private construction project. Public construction was up, despite a decrease in spending by the federal government. Private residential construction is at a five-year high. Read the court decision
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Another (Insurer) Bites The Dust: Virginia District Court Rejects Narrow Reading of Pollution Exclusion

September 10, 2018 — Michael S. Levine & Latosha M. Ellis - Hunton Insurance Recovery Blog
In a victory for policyholders, and an honorable mention for Merriam-Webster’s Dictionary, a federal judge in Virginia ruled that the dispersal of concrete dust that damaged inventory stored in an aircraft part distributor’s warehouse was a pollutant, as defined by the policy, but that it also constituted “smoke” as that term was defined in the dictionary, thereby implicating an exception to the policy’s pollution exclusion. The Court then granted summary judgment for the policyholder, who had suffered a $3.2 million loss. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Latosha M. Ellis, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Read the court decision
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Are Contracting Parties Treated the Same When it Comes to Notice Obligations?

June 25, 2019 — G. Scott Walters - Smith Currie
Overview Experienced project delivery team members know too well the importance of timely and proper notice during a construction project. Ideally, contractual notice provisions, and any penalties for non-compliance, should apply equally to all of the contracting parties. For example, failure to comply with a notice provision concerning contract changes could bar a party from pursuing claims. And, untimely or improper notice can, likewise, prevent certain defenses to claims. Nowhere is notice more scrutinized than in the federal government contracting arena. Recently, the United States Court of Federal Claims issued two separate decisions involving the same construction project and the same parties and dealing with two specific aspects of notice in the federal government contracting process. The court’s decisions on the notice issues may, at first, appear to contradict each other or to favor one party over the other. A closer look at these two decisions reveals that notice requirements, in the context of federal government construction contracts, can come in multiple forms and notice is not a “one size fits all” proposition. Read the court decision
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Reprinted courtesy of G. Scott Walters, Smith Currie
Mr. Walters may be contacted at gswalters@smithcurrie.com

Yes, Indeedy. Competitive Bidding Not Required for School District Lease-Leasebacks

October 01, 2014 — Garret Murai – California Construction Law Blog
Remember when you discovered that the tooth fairy wasn’t real? It was kind of a bummer on one hand learning that it wasn’t a fairy that magically appeared to swap your tooth for cold hard cash, but rather your mom or, visual horrors, dad. At the same time, it was, to your nearly-halfway-to-a-decade-on-this-planet-wizened-six-year-old mind, confirmation of what you had a sneaking suspicion was the case in any event. And, so it is with the next case. Lease-Leasebacks In California, most public school construction projects are built using the traditional design-bid-build project delivery method in which a design professional designs the project, the project is put out for competitive bid and the selected contractor builds the project. But not all school construction projects are built this way. Read the court decision
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Reprinted courtesy of Garret Murai, Kronick Moskovitz Tiedemann & Girard
Mr. Murai may be contacted at gmurai@kmtg.com

Busting Major Alternative-Lending Myths

July 22, 2024 — Warren Miller - Construction Executive
Alternative capital is a broad term for financing provided by institutions or firms that typically fall outside of the purview of the larger, regulated institutions (i.e., not traditional banks). While these funding sources may not always be the first option for many businesses, alternative lending is a perfect option for many small and mid-sized capital-intensive companies, like construction companies, which often require fast access to capital that is incompatible with the stringent and laborious processes imposed by traditional banks. Construction companies should take a closer look at alternative financing, understand its benefits, and evaluate its usefulness for achieving their unique funding requirements. REALITY 1: ALTERNATIVE LENDING IS SAFE AND PROVEN Private lending has been around for a long time, and has become increasingly common since the 1990s, when major consolidation took place in the banking industry. As the large, consolidated banks set their sights on providing loans to large enterprises, they left a gap in the small and mid-size market that was filled by alternative lenders. By 2000, alternative lenders had overtaken traditional banks for the majority of corporate loans. Stricter regulation of banks following the Global Financial Crisis of 2007 intensified underwriting standards for bank loans and further diminished banks’ appetites for SMB lending. Reprinted courtesy of Warren Miller, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES