Fairfield Connecticut Building Expert Directory

“To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”

April 05, 2017 — Steven M. Cvitanovic & Omar Parra – Haight Brown & Bonesteel LLP
In California, it is well-established that the extent of a party’s obligation under an indemnity agreement is an issue of contractual interpretation, and it is therefore the intent of the parties that should control. What is the parties’ intent, then, when a subcontractor (indemnitor) agrees to indemnify the general contractor (indemnitee) “except to the extent the claims arise out of the general contractor’s active negligence or willful misconduct”? Does this mean the general contractor is barred entirely from recovering any indemnity if its active negligence contributed to the injury? Not according to the First Appellate District of the California Court of Appeal, which recently held that an actively negligent general contractor may still recover indemnity for the portion of liability attributable to the fault of others. Oltmans Construction Co. v. Bayside Interiors, Inc., No. A147313, 2017 WL 1179391, at *1 (Cal. Ct. App. Mar. 30, 2017). In Oltmans Construction, an employee of O’Donnell Plastering, Inc. (“O’Donnell”), a sub-subcontractor of Bayside Interiors, Inc. (“Bayside”), which was a subcontractor to Oltmans Construction Company (“Oltmans”), sustained injuries when he fell through a skylight opening in the roof of a building under construction. The employee filed suit against Bayside, Oltmans, and the building’s owner, arguing Oltmans negligently cut and left unsecured the skylight opening. Oltmans subsequently filed a Cross-Complaint against Bayside and O’Donnell, contending it was entitled to indemnification under the governing agreements. Reprinted courtesy of Steven M. Cvitanovic, Haight Brown & Bonesteel LLP and Omar Parra, Haight Brown & Bonesteel LLP Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com Mr. Parra may be contacted at oparra@hbblaw.com Read the court decision
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BWB&O Partners are Recognized as 2022 AV Preeminent Attorneys by Martindale-Hubbell!

December 06, 2021 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to BWB&O Partners on their recognition in Martindale-Hubbell® as AV Preeminent attorneys. This honor is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers. Newport Beach Partner, Nicole Whyte Newport Beach Partner, Keith Bremer Newport Beach Partner, John Toohey Newport Beach Partner, Jeremy Johnson Woodland Hills Partner, John O'Meara Woodland Hills Partner, Patrick Au Arizona Partner, John Belanger Las Vegas Partner, Peter Brown Las Vegas Partner, Lucian Greco Las Vegas Partner, Anthony Garasi San Diego Partner, Vik Nagpal San Diego Partner, Alexander Giannetto Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

After Breaching its Duty to Defend, Insurer Must Indemnify

August 11, 2011 — Tred R. Eyerly - Insurance Law Hawaii

In a brief decision analyzing Oregon law, the Ninth Circuit determined that once an insurer breaches its duty to defend, it must indemnify.Â See Desrosiers v. Hudson Speciality Ins. Co., 2011 U.S. App. LEXIS 12591 (9th CIr. June 21, 2011).

The victim secured a judgment against the insured after he was beaten by another patron outside the insured's bar. Hudson Speciality Insurance refused to defend the insured, claiming the injury arose from an assault and battery, which excluded coverage.

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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Pennsylvania Sues Firms to Recoup Harrisburg Incinerator Losses

June 06, 2018 — Jonathan Barnes - Engineering News-Record
The state of Pennsylvania continues to try to recover funds from professional firms involved in the city of Harrisburg’s disastrous incinerator project in the early 2000’s and has named, Buchart Horn, Inc., an engineering, architecture and planning firm based in York, Pa. as a defendant. Read the court decision
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Reprinted courtesy of Jonathan Barnes, ENR
ENR staff may be contacted at ENR.com@bnpmedia.com

Colorado House Bill 20-1290 – Restriction on the Use of Failure to Cooperate Defense in First-Party Claims

May 18, 2020 — David M. McLain – Colorado Construction Litigation
On February 7th, Representative Garnett, with Senator Fenberg as the Senate sponsor, introduced HB 20-1290, concerning the ability of an insurer to use a failure-to-cooperate defense in an action in which the insured has made a claim for insurance coverage. If the bill were to pass, in order to plead or prove a failure-to-cooperate defense in any action concerning first-party insurance benefits, the following conditions must be met:

The carrier has submitted a written request for information the carrier seeks to the insured or the insured’s representative, by certified mail;
The written request provides the insured 60 days to respond;
The information sought would be discoverable in litigation;

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Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
Mr. McLain may be contacted at mclain@hhmrlaw.com

Almost Nothing Is Impossible

October 30, 2018 — Brian N. Krulick - Smith Currie
In today’s ever-changing legal and political climate, contractors are being forced to deal with events and circumstances that seemed improbable just a short time ago. These changing circumstances have led some contractors to question whether they are required to continue performing in the face of uncertainty and, in many cases, potentially large losses. The doctrines of impossibility and impracticability, if proven, can serve as powerful defenses and excuse performance of a construction contract. However, contractors should exercise great caution before relying on these defenses as an excuse for nonperformance, as the consequences of stopping work without proper justification can be disastrous. Read the court decision
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Reprinted courtesy of Brian N. Krulick, Smith Currie
Mr. Krulick may be contacted at bnkrulick@smithcurrie.com

Washington School District Sues Construction Company Over Water Pipe Damage

August 27, 2014 — Beverley BevenFlorez-CDJ STAFF
The Yakima Herald reported that “[t]he Toppenish School District is suing a local construction company over a breach of contract that allegedly led to defective water pipes at one of its elementary schools, according to a complaint filed with the Yakima County Superior Court earlier this week.” According to the complaint (as reported by the Yakima Herald), Toppenish officials alleged that the Huylar Construction Co. failed to install calcium silicate seals during the pipe installation. Furthermore, the complaint stated that last November, the school district discovered “’[e]xtensive corrosion and deterioration’ of the pipes.” Toppenish argued that failure to install the seals is a breach of contract. Toppenish is suing for about $120,000. The Yakima Herald stated that a Huylar representative “could not be reached for comment.” Read the court decision
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Traub Lieberman Attorneys Recognized in the 2023 Edition of The Best Lawyers in America®

September 19, 2022 — Traub Lieberman
Traub Lieberman is pleased to announce that five Partners have been selected by their peers for inclusion in the 2023 edition of The Best Lawyers in America®. In addition, four attorneys have been included in the 2023 Best Lawyers®: Ones to Watch list. These recognitions include attorneys from the firm’s Hawthorne, NY; Chicago, IL; Palm Beach Gardens, FL; and St. Petersburg, FL offices. 2023 Best Lawyers® Hawthorne, NY

Lisa L. Shrewsberry – Commercial Litigation

Chicago, IL

Brian C. Bassett – Insurance Law

Palm Beach Gardens, FL

Rina Clemens – Personal Injury Litigation – Defendants

St. Petersburg, FL

Scot E. Samis – Appellate Practice
Lauren S. Curtis – Insurance Law

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Reprinted courtesy of Traub Lieberman

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES