Fairfield Connecticut Building Expert Directory

The Ghosts of Projects Past

December 17, 2015 — Craig Martin – Construction Contractor Advisor
Sean Minahan, one of my partners, and I were discussing a construction dispute the other day and we commented again and again about the significant organization required to get a construction project to completion. From the contracts, to the schedule, to the funding—everything has to be in lock step or there will be problems that could bring the project to a halt, or worse yet litigation. The same is true of construction claims. To present a claim effectively, it has to be simple. But, to make it simple will require substantial documentation and organization of all aspects of a claim. This point was driven home this week when I received Long International’s Construction Claims Analysis Checklist Long International. The Checklist is 11 pages long and identifies various aspects of a claim, from the simple to the complicated. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

School Board Sues Multiple Firms over Site Excavation Problem

February 12, 2013 — CDJ STAFF
A West Virginia school board has filed a lawsuit against four companies over the construction of the Lewisburg Elementary School. The main allegation is that Carpenter Reclamation Inc. excavated the site deeper than was called for, which then incurred greater expenses for the subsequent contractors, and further that the liner installed by Carpenter Reclamation was defective. The suit also names Western Surety, which issued a performance bond for Carpenter Reclamation. The school board claims that Carpenter’s failure to fix the problem, required $5,800 in evaluation, review, and testing. Further, the plumbing and lead contractors had additional expenses of $10,587 and $212,645 because of the deeper foundation. The school board has also named these firms, Dougherty Company, Inc. and Swope Construction, in the lawsuit. Ron Mallory, the president of Swope Construction said that the school board’s dispute was “with the site contractor, not with us,” noting that they did corrective work under a change order. Read the court decision
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New York Court of Appeals Addresses Choice of Law Challenges

August 20, 2018 — Grace V. Hebbel - Saxe Doernberger & Vita, P.C.
In June, the New York Court of Appeals examined the application of a New York Choice of Law provision in a contract – a determinative issue for the case. In Ontario, Inc. v. Samsung C&T Corp., the issue was whether the plaintiff’s claims were subject to Ontario, Canada’s 2-year statute of limitations or New York’s 6-year statute of limitations for breach of contract where the contract contained a broad New York Choice of Law provision. The court found that pursuant to New York’s borrowing statute, Ontario’s more restrictive statute of limitations applied. The action was dismissed as time-barred, serving as a harsh reminder of the potential effects of choice of law and limitations periods. The suit arose out of the following facts. In 2008, an Ontario renewable energy developer, SkyPower Corp. (“SkyPower”), entered into a Non-Disclosure Agreement (NDA) with the defendants which allowed the defendants to review SkyPower’s confidential and proprietary information. The review was conditioned on restricted disclosure and the requirement that the information would be destroyed after review. Read the court decision
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Reprinted courtesy of Grace V. Hebbel, Saxe Doernberger & Vita, P.C.
Ms. Hebbel may be contacted at gvh@sdvlaw.com

Legal Risks of Green Building

March 22, 2021 — Mark D. Shifton - Construction Executive
All construction projects involve elements of legal risk. Insurance and indemnity claims, delay claims and professional negligence claims are simply accepted risks when involved in construction. Green building projects are no exception to this rule, and often involve unique issues that are not present in typical construction projects. Green building projects commonly employ new or untested construction materials, require construction methods that lack significant track records, and ultimate building performance often fails to meet design expectations. As such, green building projects may give rise to entirely new types of legal risk that should be considered and allocated early in the process. In the past 15 years, the number of buildings for which green certifications have been sought has grown exponentially, and the growth rate of green building and sustainable construction has far outpaced the growth rate of the construction industry as a whole. As green building projects become increasingly common (and often increasingly required by the federal, as well as state and local governments), the unique legal risks presented by green building projects take on an increase importance. Reprinted courtesy of Mark D. Shifton, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Shifton may be contacted at mshifton@gllawgroup.com

Ohio Court Refuses to Annualize Multi-Year Policies’ Per Occurrence Limits

June 19, 2023 — Patricia Santelle, Adam Berardi & Lynndon Groff - White and Williams LLP
White and Williams recently obtained summary judgment against an insured on behalf of an insurer and a guarantor, establishing that two multi-year insurance policies provide per occurrence limits on a per policy rather than a per year basis, which shielded potential exposure by over $100 million. The insured had previously sought and obtained coverage under two policies in connection with a single occurrence arising out of massive environmental contamination claims involving a large industrial site. The issue of whether the policies provide per occurrence limits on a policy term or annual basis was not resolved in this earlier litigation. The first policy was effective for three years and provides per occurrence limits of $40 million. The second policy was effective for up to three years and provides per occurrence limits of $15 million. Reprinted courtesy of Patricia Santelle, White and Williams LLP, Adam Berardi, White and Williams LLP and Lynndon Groff, White and Williams LLP Ms. Santelle may be contacted at santellep@whiteandwilliams.com Mr. Berardi may be contacted at berardia@whiteandwilliams.com Mr. Groff may be contacted at groffl@whiteandwilliams.com Read the court decision
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August Home Prices in 20 U.S. Cities Appreciate at Faster Pace

October 28, 2015 — Victoria Stilwell – Bloomberg
Home prices in 20 U.S. cities rose at a faster pace in the year ended August, a sign the industry continues to strengthen on improving demand. The S&P/Case-Shiller index of property values climbed 5.1 percent from August 2014 after rising 4.9 percent in the year ended in July, the group said Tuesday in New York. The gain was the biggest in a year and matched the median forecast of economists surveyed by Bloomberg. Nationally, prices increased 4.7 percent after a 4.6 percent advance in the 12 months through July. A tight supply has supported price appreciation, which may in turn entice more owners to put their properties on the market as the payoff grows. More homes that are affordable for first-time or young buyers will be needed to keep the housing recovery on track, providing a boost to consumer spending in the process. Read the court decision
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Reprinted courtesy of Victoria Stilwell, Bloomberg

March 15, 2021 — Colorado Construction Litigation Blog
Higgins, Hopkins, McLain & Roswell is pleased to announce that Carin Ramirez and David McLain were recently selected by their peers for inclusion in The Best Lawyers in America© for 2021. Carin Ramirez has been recognized for her work in insurance litigation and David McLain has been recognized for his work in construction law. Carin Ramirez has over 11 years of experience in civil defense litigation with an emphasis on the defense of construction defect lawsuits on behalf of developers, general contractors, and other construction professionals. She also practices in the areas of personal injury defense, premises liability, environmental torts, wrongful death, negligent design, property damage, subrogation claims, contract disputes, bad faith, and commercial litigation. David McLain has over 22 years of experience and is well known for his work in the defense of the construction industry, particularly in the area of construction defect litigation. He is a member of the Executive Committee of the CLM Claims College - School of Construction, which is the premier course for insurance, industry, and legal professionals. HHMR is highly regarded for its expertise in construction law and the litigation of construction-related claims, including the defense of large and complex construction defect matters. Our attorneys provide exceptional service to individuals, business owners, Fortune 500 companies, and the insurance industry. The firm is experienced in providing legal support throughout trials and alternative dispute resolution such as mediations and arbitrations. Read the court decision
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Reprinted courtesy of Higgins, Hopkins, McLain & Roswell

Construction Termination Issues Part 5: What if You are the One that Wants to Quit?

August 21, 2023 — Melissa Dewey Brumback - Construction Law in North Carolina
Architects and Engineers are sometimes pleasantly surprised to find out that they, also, can terminate those crazy, hard to deal with Owners—at least, if the Owners fail to make payments as required. You can also terminate for Owner delays to the work, or where you think the contractor should be fired but the Owner disagrees. Again, the standard 7 days written notice is required. (See B101 §9.4). Do you have to walk off the job if they are not paying you? No—you could exercise the smaller remedy of suspending services (with 7 days written notice) until payments are caught up or the contract performance is corrected by the Owner. (See B101 §9.1). Suspension rather than outright termination is a softer approach when working with an owner you do not want to burn (too many) bridges with. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
Ms. Brumback may be contacted at mbrumback@rl-law.com

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