FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Anthony Garasi, Jared Christensen and August Hotchkin are Recognized as Nevada Legal Elite

July 06, 2020 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is proud to announce Partners Anthony Garasi and Jared Christensen in our Las Vegas office, along with Associate August Hotchkin in our Reno office are being recognized as Nevada Legal Elites in the Nevada Business Magazine. The Nevada Legal Elite list includes the top 4 percent of attorneys in the state broken down by location. To qualify, each nominee goes through an extensive verification process resulting in the top attorneys in the state, chosen by their peers. Upon the nomination process closing, each ballot is individually reviewed for eligibility and every voting attorney is verified with the State Bar of Nevada. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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New Member Added to Seattle Law Firm Williams Kastner

May 21, 2014 — Beverley BevenFlorez-CDJ STAFF
Attorney Todd W. Blischke has become a member of Seattle, Washington’s Williams Kastner law firm, according to Herald Online. Blishcke, who “has experience representing contractors, sureties, real estate developers, public agencies and private owners” will “chair the firm’s Construction Litigation and Surety Practices Team.” “Todd is an excellent addition to the firm’s Seattle office, and we are thrilled to have him on board,” said Jessie Harris, Managing Director of Williams Kastner, as quoted by Herald Online. “His years of experience in construction and surety matters will be an asset to Williams Kastner’s established construction litigation practice.” Read the court decision
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Design-build Trends, Challenges and Risk Mitigation

August 26, 2019 — Bill Webb - Construction Executive
As the commercial construction industry continues to evolve and grow, design-build methodologies are becoming increasingly popular for their ability to speed completion rates, control costs and produce an overall more efficient process under the guidance of the design-build contractor (DBC). The Design-Build Institute of America (DBIA) predicts that “over half of owners have already or will use design-build in the next five years” due to the opportunities it provides for innovation and fast-tracking projects. The organization also expects that design build methodologies will account for approximately 45% of all nonresidential construction spending over the 2018 – 2021 forecast period. Design-build provides many benefits to projects owners, however, holding contractual responsibility for both design and construction does accompany its fair share of challenges and risks for the DBC. Although basic risk management principles are inherent to design build through improved communication and collaboration, strong contractual language and proper insurance programs can greatly control risk exposures. Reprinted courtesy of Bill Webb, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Webb may be contacted at Bill.Webb@rtspecialty.com

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Georgia House Bill Addresses Construction Statute of Repose

May 04, 2020 — Jason Gropper - Autry, Hall & Cook, LLP
On March 2, 2020, by a unanimous vote, the House passed HB 968. This Bill seeks to clarify which civil actions are subject to Code Section 9-3-51, which is the eight-year statute of repose for deficiencies in connection with improvements to realty. If passed by the General Assembly, it would explicitly state that the statute of repose will not apply to breach of express warranties. If the Bill is passed, O.C.G.A § 9-3-51 would include a subsection that provides: “This Code section shall not apply to actions for breach of contract, including, but not limited to actions for breach of express contractual warranties.” Jason Gropper, Autry, Hall & Cook, LLP Mr. Gropper may be contacted at Gropper@ahclaw.com Read the full story... Read the court decision
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Effects of Amendment to Florida's Statute of Repose on the Products Completed Operations Hazard

November 06, 2018 — Richard W. Brown & Grace V. Hebbel - Saxe Doernberger & Vita, P.C.
Recent amendments to Florida’s Statute of Repose have resulted in concerns as to the scope of risk Florida homebuilders face as a result, and the availability of insurance coverage for such exposures. Previously, the statute provided for a strict, yet straightforward 10-year limitation for latent construction defect claims. Under that language, issues arose when suits were filed near expiration of the statute, because parties seeking to defend claims were given little time to effectively assert related claims. The amendment to the statute serves to lengthen the statute of repose to 11 years for certain cross-claims, compulsory counterclaims, and third-party claims, and in limited circumstances, potentially even longer. Most policies in the Florida marketplace serve to limit coverage under the products-completed operations hazard (“PCO”) to 10 years, and thus, in very limited circumstances, an insured contractor may be exposed to third-party claims under the revised statute. It is important to note, however, that coverage under most CGL policies is occurrence-based, meaning that the policy is triggered by property damage that occurs during the policy period, and therefore, any subsequent claims permitted under the amended statute will necessarily relate to the original property damage that occurred during the 10-year period, and thus, would be covered under the standard 10-year PCO extension. This paper will analyze the anticipated effect of the amendments upon coverage under a 10-year PCO extension. Reprinted courtesy of Richard W. Brown, Saxe Doernberger & Vita P.C. and Grace V. Hebbel, Saxe Doernberger & Vita P.C. Mr. Brown may be contacted at rwb@sdvlaw.com Ms. Hebbel may be contacted at gvh@sdvlaw.com Read the court decision
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An Insurance Policy Isn’t Ambiguous Just Because You Want It to Be

December 20, 2021 — David Adelstein - Florida Construction Legal Updates
When it comes to insurance contracts, there is a rule of law that states, “where interpretation is required by ambiguity in insurance contracts[,] the insured will be favored.” Pride Clean Restoration, Inc. v. Certain Underwriters at Lloyd’s of London, 46 Fla. L. Weekly D2584a (Fla. 3d DCA 2021) (citation and quotation omitted). Stated another way: ambiguities in insurance contracts will be interpreted in favor of the insured and against the insurer. With this rule of law in mind, insureds oftentimes try to argue ambiguity even when there is not one. This was the situation in Pride Clean Construction. In this case, the property insurance policy contained a mold exclusion that stated the policy did NOT insure for “a. loss caused by mold, mildew, fungus, spores or other microorganism of any type, nature, or description including but not limited to any substance whose presence poses an actual or potential threat to human health; or b. the cost or expense of monitoring, testing, removal, encapsulation, abatement, treatment or handling of mold, mildew, fungus, spores or other microorganism as referred to in a) above.” Not only did the policy not insure for loss caused by mold, it went further to state it was NOT insuring for any mold testing or abatement. 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

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Comparative Breach of Contract – The New Benefit of the Bargain in Construction?

October 26, 2020 — Steven Hoffman - Florida Construction Law News
Ask most Florida Construction Law practitioners, and you will likely hear that liability may not be apportioned in “pure” breach of contract cases via the Comparative Fault Act, section 768.81, Florida Statutes (the “Act”). If a material breach is a “substantial factor” in causing damages, the breaching party must answer for all damages that were reasonably contemplated by the parties when they formed the contract. Claimants argue that matters of contract should be governed strictly by the agreement, and risk can be controlled by negotiated terms, including waivers and limitations. Defendants complain that construction projects are collaborative, multi-party affairs, and strict application of contract principles leads to harsh results for relatively minor comparative fault for the same or overlapping damages. The notion of apportioning purely economic loss contract damages based on comparative fault is not new. Since April 2006, Florida has been a “pure” comparative fault jurisdiction with limited exceptions. Prior to the amendment, tort liability for non-economic damages was purely comparative, but liability for economic damages was typically a combination of joint and several liability with an additional exposure based on comparative fault. Read the court decision
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Reprinted courtesy of Steven Hoffman, Cole, Scott & Kissane
Mr. Hoffman may be contacted at Steven.Hoffman@csklegal.com

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Brad Pitt’s Foundation Sues New Orleans Architect for Construction Defects

September 25, 2018 — David Suggs – Bert L. Howe & Associates, Inc.
Brad Pitt’s foundation has sued its architect of New Orleans projects alleging “defective design work led to leaks and other flaws in homes built for residents of an area that was among the hardest hit by Hurricane Katrina,” reported Insurance Journal. The Make It Right Foundation claims damages of more than $15 million caused by architect John C. Williams. According to Insurance Journal, “The foundation paid Williams’ firm millions of dollars to produce architectural drawings for more than 100 homes under the program, which was supposed to provide Lower 9th Ward residents with sustainable and affordable new homes.” This lawsuit against the architect is apparently in response to a class-action lawsuit by New Orleans attorney Ron Austin against Pitt’s Make It Right Foundation. Austin’s lawsuit “accused the charity of building substandard homes that are deteriorating at a rapid pace,” Insurance Journal reported. The 39 homes involved in a previous suit regarding the manufacturer of TimberSIL are excluded from the lawsuit against Williams. Read the court decision
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