Fairfield Connecticut Building Expert Directory

After 15 Years, Settlement Arrested at San Francisco's Millennium Tower

June 26, 2023 — Nadine M. Post - Engineering News-Record
After overcoming several snags, the team for the voluntary effort to stem future significant settlement and tilting at San Francisco’s 645-ft-tall Millennium Tower has declared the project a success, now that loads have been fully transferred to 18 new perimeter piles driven to bedrock. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
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State And Local Bid Protests: Sunk Costs and the Meaning of a “Win”

July 11, 2022 — Amy Anderson - ConsensusDocs
Across the United States, state and local agencies often use competitive bidding to award contracts for various types of work. Generally speaking, a bid protest is when an unsuccessful bidder challenges the award by the state or local agency to another competitive bidder. Procurement at this level is entirely distinct from federal procurement. The details of any bid protest will be specific to the locality. However, a question that very often comes up when a state or local agency uses competitive bidding: what happens when I lose the bid? More specifically, if I should not have lost because my bid was the lowest or best value, can I make the state or local agency award the bid to me? Read the court decision
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Reprinted courtesy of Amy Anderson, Jones Walker LLP (ConsensusDocs)
Ms. Anderson may be contacted at aanderson@joneswalker.com

Washington Supreme Court Expands Contractor Notice Obligations

November 28, 2018 — Brett M. Hill - Ahlers Cressman & Sleight Blog
The Washington State Supreme Court dealt another blow to public works contractors in Washington State. In a case recently issued by the court, Nova Contracting, Inc. v. City of Olympia, [1] the court expanded contractors’ obligations when providing notice on public works construction projects. The Nova Contracting case was the subject of a previous blog. The case involved Nova Contracting and the City of Olympia. Nova was the low bidder on the contract. Nova alleged that the City of Olympia did not want Nova to win the job and intentionally hindered Nova’s ability to perform the job. The facts alleged by Nova, which were covered in the previous blog, involved the City’s improper and apparently punitive rejection of submittals on the job and the City’s eventual wrongful termination of Nova. Of significance in the case is that Nova never actually began work on the job. All that Nova had done at the time of termination was begin mobilizing its equipment on site. The Court of Appeals found that Nova had alleged sufficient facts to establish that the City violated the duty of good faith and fair dealing by improperly rejecting Nova’s submissions and had breached the contract with Nova by improperly terminating. Read the court decision
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Reprinted courtesy of Brett M. Hill, Ahlers Cressman & Sleight PLLC
Mr. Hill may be contacted at brett.hill@acslawyers.com

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

U.K. to Set Out Plan for Fire-Risk Apartment Cladding Crisis

March 01, 2021 — Emily Ashton & Olivia Konotey-Ahulu - Bloomberg
The U.K. government will set out its plans for stripping cladding from potentially unsafe apartment blocks, more than three years after a fire at London’s Grenfell Tower killed 72 people. Reports suggest Housing Secretary Robert Jenrick will set out a package of measures amounting to billions of pounds when he makes a statement to the House of Commons on Wednesday. Ministers announced a 1.6 billion pound ($2.2 billion) “safety fund” to remove dangerous cladding last year but Jenrick is expected to announce additional support on top of this. The price for the repairs could be as high as 15 billion pounds, according to a parliamentary committee last June. Reprinted courtesy of Emily Ashton, Bloomberg and Olivia Konotey-Ahulu, Bloomberg Read the court decision
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Blog Completes Fifteenth Year

December 13, 2022 — Tred R. Eyerly - Insurance Law Hawaii
Insurance Law Hawaii completes its fifteenth year of existence this month. We began posting in December 2007, 1656 posts ago. We strive to keep readers abreast of new developments in insurance-related cases from Hawaii and across the country. Coverage issues in the past year have again been dominated by COVID-19, business interruption, construction defect, and cyber claims. This trend will likely continue over the next year and we will do our best to track developments. Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert Mr. Eyerly may be contacted at te@hawaiilawyer.com Read the full story... Read the court decision
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Congratulations to Nicholas Rodriguez on His Promotion to Partner

November 25, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is very proud to announce that Nick Rodriguez has been promoted to the position of partner with the firm! Nick has been with BWB&O since 2019 and is licensed to practice law in California and the U.S. District Courts. Nick’s practice focuses on complex construction defect matters, as well as personal injury and wrongful death claims. During his time with the firm, Nick has successfully represented numerous clients through alternative dispute resolution and has taken matters to trial where he has received favorable jury verdicts. He also supervises and manages a team of associates in the Newport Beach office. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

New Jersey Construction Company Owner and Employees Arrested for Fraud

December 04, 2013 — CDJ STAFF
Frank Chimento, Jr., the owner of Chimento Construction of Parsippany, New Jersey, and three of his employees, Joseph Carsillo, Frank Chimento III, and Carl J. Corso, were arrested by federal agents. The elder Chimento is accused of falsifying his own income taxes, as well as failing to collect and turn over federal and state payroll taxes. He is additionally charged with falsifying union benefit fund contributions. The three employees are also accused of filing false income tax statements and also of attempting to defraud the state of New Jersey of unemployment compensation benefits. An additional unnamed conspirator made transactions at multiple financial institutions in order to pay employees directly in cash. One of the three employees, Mr. Carsillo, worked for the company and received cash payments while maintaining to the New Jersey Department of Labor and Workforce Development that he was unemployed. Mr. Carsillo was receiving $526 per week from the NJDOL-WD in unemployment benefits, starting in 2009. From 2009 through 2011, Mr. Carsillo received $19,988 in unemployment benefits and an additional $351,788 in wages from Chimento. Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES