Fairfield Connecticut Building Expert Directory

Home Builders Wear Many Hats

May 10, 2013 — CDJ STAFF
George McMahan, the president of the West Texas Home Builders Association, writes in the Lubbock Avalanche-Journal about what it takes to be a home builder. He notes that “a home builder guides dozens of skilled artisans and professionals,” and must “understand all of the home’s complex systems and know enough about each contractor’s trade in order to coordinate this skilled team to build and sell a quality product.” Additionally, home builders must “serve as liaisons with their communities and local government officials.” After the site is selected and homes are being built, “a home builder acts as an inspector.” McMahan notes that “a professional home builder will make certain the home meets both code and warranty guidelines long before and after the officials show up.” “Home builders,” he says, “are schedulers and record keepers.” They have to “tackle multiple tasks simultaneously in order to keep the construction process moving forward.” They “wear many, many hats,” so that they can “deliver a home where the new owners can hang their own hats, raise a family and build lifelong memories.” Read the court decision
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Professional Services Exclusion Bars Coverage After Carbon Monoxide Leak

September 09, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The Illinois Appellate Court affirmed the trial court's dismissal of the insured's complaint after damage caused by a leak of carbon monoxide caused bodily injury. Allied Design Consultants, Inc. v. Pekin Ins. Co., et al., 2024 Ill. Ct. App. LEXIS 1433 (June 18, 2024). Carbon monoxide leaked in a building addition to a middle school, prompting 23 lawsuits to be filed against the insured, Allied Design Consultants, Inc. Allied was retained to perform certain architectural services to the building addition. Pekin Insurance Company had issued a business owners liability policy and a commercial umbrella liability policy to Allied. Pekin denied a defense to Allied based upon the policies' professional services exclusions. Allied filed suit for declaratory relief against Pekin. Pekin filed a counterclaim, seeking a declaratory judgment that it had no duty to defend. The parties filed cross-motions for summary judgment. The parties agreed the allegations in the personal injury complaint filed by Ferguson were typical and representative of the allegations in the other 22 underlying lawsuits. 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

Colorado General Assembly Sets Forth Prerequisites for an Insurance Company to Use Failure to Cooperate as a Defense to a Claim for First Party Insurance Benefits

August 10, 2020 — Christine Kroupa, John Palmeri & Katelyn Werner - Gordon & Rees
Despite first party insurance policies generally requiring cooperation from an insured in the investigation of a claim, insurers can no longer rely on the failure to cooperate as a defense in a claim for first party insurance benefits in Colorado unless certain conditions are met. The Bill: On July 2, 2020, Colorado Governor Jared S. Polis signed House Bill 20-1290 which addresses the ability of an insurer to use a failure to cooperate defense in an action where the insured has made a claim for benefits under an insurance policy. This bill bars an insurer from raising the failure to cooperate unless the following conditions are met:

The insurer submitted a written request to the insured or the insured’s representative for the information (via electronic means if consent was given by insured or insured’s representative, or via certified mail);
The information is not available to the insurer without the assistance of the insured;
The written request provides the insured 60 days to respond;
The written request is for information a reasonable person would determine the insurer needs to adjust the claim filed by the insured or to prevent fraud; and
The insurer gives the insured an opportunity to cure, which must:

Provide written notice to the insured of the alleged failure to cooperate, describing with particularity the alleged failure within 60 days after the alleged failure; and
Allow the insured 60 days after receipt of the written notice to cure the alleged failure to cooperate.

Reprinted courtesy of Gordon & Rees attorneys Christine Kroupa, John Palmeri and Katelyn Werner Ms. Kroupa may be contacted at ckroupa@grsm.com Mr. Palmeri may be contacted at jpalmeri@grsm.com Ms. Werner may be contacted at kwerner@grsm.com Read the court decision
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Toolbox Talk Series Recap – Best Practices for Productive Rule 26(f) Conferences on Discovery Plans

May 13, 2024 — Douglas J. Mackin - The Dispute Resolver
In the April 4, 2024 edition of Division 1’s Toolbox Talk Series, Julian Ackert and Steve Swart presented on how to prepare for and structure Rule 26(f) conferences to be more effective. While Swart and Ackert focused on the requirements of Federal Rule of Civil Procedure 26(f) regarding the requisite conference of the parties prior to a scheduling conference or scheduling order, it is worth noting that many states have substantially similar requirements. Rule 26(f) requires the parties to (i) discuss the nature and basis of their claims or defense; (ii) make or arrange for mandatory disclosures pursuant to Rule 26(a)(1); (iii) discuss issues about preserving discoverable information (including Electronically Stored Information – “ESI”); and (iv) develop a proposed discovery plan. Swart and Ackert’s presentation focused on the preservation of ESI and the proposed discovery plan. Read the court decision
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Reprinted courtesy of Douglas J. Mackin, Cozen O’Connor
Mr. Mackin may be contacted at dmackin@cozen.com

Traub Lieberman Attorneys Recognized in the 2022 Edition of The Best Lawyers in America®

September 13, 2021 — Traub Lieberman
Traub Lieberman is pleased to announce that three Partners have been selected by their peers for inclusion in the 2022 edition of The Best Lawyers in America®. In addition, five attorneys have been included in the 2022 Best Lawyers®: Ones to Watch list. These recognitions include attorneys from the firm’s Chicago, IL; Palm Beach Gardens, FL; and St. Petersburg, FL offices. 2022 Best Lawyers®

Brian C. Bassett – Insurance Law

Rina Clemens – Personal Injury Litigation – Defendants

Scot E. Samis – Appellate Practice

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Reprinted courtesy of Traub Lieberman

And the Winner Is . . . The Right to Repair Act!

February 15, 2018 — Garret Murai – California Construction Law Blog
Civil litigation attorneys often talk about “damages.” Because without damages . . . well . . . you’re out of luck. But damages come in different flavors. In construction litigation, when it comes to defective construction, there are two basic flavors: actual damages and economic damages. Actual damages include property damage and personal injury, such as a defective roof that causes water damage into the interior of the structure or collapses causing injury to someone inside the structure. In contrast, economic damages would be the cost to repair or replace the defective roof, without any resulting property damage or personal injury. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Insurer Rejecting Construction Defect Claim Must Share in Defense Costs

March 02, 2020 — Tred R. Eyerly - Insurance Law Hawaii
One insurer, who accepted the tender of defense in a construction defect case, successfully moved for summary judgment against the second insurer, who denied the insured's tender. Interstate Fire & Cas. v. Aspen Ins. UK Ltd., 2019 N.Y. Misc. LEXIS 5800 (N.Y. Sup. Ct. Oct. 25,2019). Standard Waterproofing Corporation was hired by the construction manager, G Builders, to perform waterproofing work as part of condominium conversion project. After the project was completed,the condominium occupants experienced water damage in their units. The Condominium Board retained an engineer who reported numerous issues of water infiltration relating to Standard's work. The Condominium Board filed suit against the construction manager, who filed a third party complaint against Standard. Standard tendered to four different insurers, including plaintiff Interstate and defendant Aspen. Interstate agreed to defend, while Aspen and the other two insurers declined. Aspen argued there were no allegations of an occurrence resulting in property damage during its policy periods. Interstate filed for declaratory relief against Aspen and Standard. 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

Trial Court Abuses Discretion in Appointing Unqualified Umpire for Appraisal

April 25, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The Texas Court of Appeals agreed with the insurer that the trial court abused its discretion in appointing an attorney as umpire in a property damage dispute. In re State Farm Lloyds, 2023 Tex. App. LEXIS 966 (Tex. Ct. App. Feb. 15, 2023). The insured filed an application for the appointment of an umpire regarding his insurance claim for property damage to his residence. The home was damaged by a hurricane on July 25, 2020, and the parties disagreed regarding the full extent of the property damage to the residence. The appraisers appointed by the insured and State Farm disagreed on the damages, leading to the insured asking the trial court to appoint a competent and disinterested umpire. The trial court appointed Derek Salinas, an attorney, as umpire. State Farm challenged the appointment because the policy required the umpire to be either an engineer, architect, adjuster, public adjuster, or a contractor with experience and training in the construction, repair and estimating the type of property damage in dispute. State Farm argued that Salinas met none of the criteria. The trial court rejected State Farm's motion for reconsideration. 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

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES