Fairfield Connecticut Building Expert Directory

Construction Defect Claim over LAX Runways

October 22, 2013 — CDJ STAFF
The city of Los Angeles is claiming that problems with the south runway at Los Angeles International Airport are due to construction defects. The city as filed a lawsuit against four of the firms involved in building the runway, CH2M Hill, R&L Brosamer, HNTB, and Tutor-Saliba Corp. The lawsuit also includes the possibility of naming up to 200 individuals or corporations. The suit alleges that the firms incorrectly installed the concrete, leading to accelerated wear. As a result, renovation of the runway will likely have to be done earlier than anticipated. The runway was opened in 2007 as part of a safety improvement effort. Read the court decision
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Manhattan Developer Wants Claims Dismissed in Breach of Contract Suit

August 27, 2014 — Beverley BevenFlorez-CDJ STAFF
The Real Deal reported that Savannah, the developer of the condo conversion at 141 Fifth Avenue, “has filed to dismiss a number of claims in a $7.5 million breach of contract lawsuit by the property’s board of managers, while alleging professional negligence against several of its own contractors.” Savanah’s lawyers stated, according to The Real Deal, that whether or not construction defects exist, their client isn’t responsible: “However to the extent that any of the alleged defects exist at the building, sponsor cannot be held liable for the existence of such defects.” Read the court decision
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It’s Time to Start Planning for Implementation of OSHA’s Silica Rule

May 03, 2017 — Nathan Owens & Louis “Dutch” Schotemeyer – Newmeyer & Dillion LLP
Getting a notification from OSHA that your company is being investigated for a health or safety violation is an unwanted disruption to your business that could lead to a hefty monetary fine. Worse yet, if your company is found to have committed multiple violations, OSHA may categorize your company as a severe violator, which makes you subject to follow-up inspections. In the last 6 years, OSHA has added 520 companies to the Severe Violator Enforcement Program - sixty percent of which are in the construction industry. New OSHA regulations impacting the construction industry may result in more companies facing investigations and fines, or worse yet, laying off workers and unable to compete for new work. In 2013, OSHA proposed a new mandate to reduce silicosis in workers. The mandate, which was revised multiple times before being made final in March 2016, requires that employers ensure their workers are exposed to no more than 50 micrograms of crystalline silica in an eight hour period (down from the current standard of 250 micrograms). Under the new mandate, employers are also held to heightened reporting requirements, protective measures and medical testing for employees with extended exposure to silica. In the construction industry alone, OSHA believes the new mandate will prevent 1,080 cases of silicosis and more than 560 deaths. Builder and trade groups believe the new mandate will result in the loss of tens of thousands of jobs and cost the building industry billions of dollars. The National Association of Home Builders estimates that the Silica Rule will cost homebuilders $1,500 per start. While the two sides mount their arguments and seek support, how to implement the rule and its long term feasibility are still contested questions. Recognizing the challenges employers will have with the heightened requirements of the Silica Rule, OSHA just announced that enforcement is being delayed 90 days to develop additional guidance for implementation of the rule in the construction industry. The new start date for enforcement of the Silica Rule is September 23, 2017.* Many in the industry are hoping the Trump administration repeals the Silica Rule like they have “blacklisting” and the Volks rule. However, until that happens, OSHA expects your company to implement processes to ensure compliance by the new start date. *The Silica Rule was adopted by Cal/OSHA in August 2016 even though Cal/OSHA’s own silica standard had been in place since 2008. Cal/OSHA adopted the federal standard with the June 23, 2017 effective date; however; in an effort to synchronize with OSHA, Cal/OSHA recently announced that the effective date in California will also be September 23, 2017. Nathan Owens is the Las Vegas Managing Partner of Newmeyer & Dillion, and represents businesses and individuals operating in a wide array of economic sectors including real estate, construction, insurance and health care in all stages of litigation in state and federal court. For questions related to the OSHA and the Silica Rule, you can reach him at Nathan.Owens@ndlf.com. Louis “Dutch” Schotemeyer is an associate in Newmeyer & Dillion’s Newport Beach office. Dutch’s practice concentrates on the areas of business litigation, labor and employment law, and construction litigation. For questions related to OSHA or the Silica Rule, you can reach him at Dutch.Schotemeyer@ndlf.com Read the court decision
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Withdrawal of an Admission in California May Shift Costs—Including Attorneys’ Fees—Incurred in Connection with the Withdrawal

January 24, 2018 — Tony Carucci – Real Estate Litigation Blog
Under California Code of Civil Procedure section 2033.300, a court may permit a party to withdraw an admission made in response to a request for admission upon noticed motion. The court may only do so, however, “if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party’s action or defense on the merits.” Cal. Code Civ. Proc. § 2033.300(b). The court may also “impose conditions on the granting of the motion that are just, including, but not limited to . . . (2) An order that the costs of any additional discovery be borne in whole or in part by the party withdrawing or amending the admission.” Cal. Code Civ. Proc. § 2033.300(c). Read the court decision
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Reprinted courtesy of Tony Carucci, Snell & Wilmer
Mr. Carucci may be contacted at acarucci@swlaw.com

What You Need to Know About Additional Insured Endorsements

August 30, 2017 — Gary Barrera - California Construction Law Blog
A well-drafted insurance clause is an integral part of a construction contract because it sets forth a subcontractor’s obligations to add the general contractor to its policies of insurance as an additional insured and identifies the manner by which the general contractor will qualify as an additional insured. In a typical construction contract, the general contractor will be an additional insured via a scheduled endorsement or a blanket endorsement. Scheduled Endorsements A scheduled endorsement contains a “schedule” in which the person or organization that is named in the schedule is added to the policy as an additional insured. The following scheduled endorsements are commonly used in construction contracts. Read the court decision
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Reprinted courtesy of Gary Barrera, Wendel Rosen Black & Dean LLP
Mr. Barrera may be contacted at gbarrera@wendel.com

NLRB Hits Unions with One-Two Punch the Week Before Labor Day

November 18, 2019 — John Baker & Robert Pettigrew - White and Williams LLP
The National Labor Relations Board (the Board) continues to modify the way employers, unions and employees view and relate to each other in the workplace. In two decisions right before Labor Day, the Board strengthened employer rights in their workplaces, while at the same time making life for their union counterparts more difficult. On August 23, 2019, the Board revisited the issue of whether an employer must grant access to the off-duty employees of an onsite contractor so they can engage in Section 7 activities on the employer’s property. In general, Section 7 activities consist of employees acting together to improve their pay and working conditions, which constitute fundamental rights under the National Labor Relations Act (the Act). In Bexar County Performing Arts Center Foundation d/b/a Tobin Center, the San Antonio-based performing arts center, the Tobin Center, owned the Center as well as grounds that abutted the famed San Antonio River Walk. The Tobin Center housed three resident companies, one of which was the Ballet San Antonio with whom it had a licensor-licensee agreement. In addition to plays, movies and other productions, the Tobin Center hosted the San Antonio Symphony (the Symphony) to perform for 22 weeks of the year. The Ballet San Antonio also occasionally utilized the Symphony for live musical performances at its ballets. When, however, the Ballet San Antonio decided to use recorded music for a particular production, off-duty employees of the Symphony protested by leafletting the public on the Tobin Center property. The leaflets advised the public of this decision and urged that they “DEMAND LIVE MUSIC!” Their protests were not directed at the property owner, who denied them access to its property. Reprinted courtesy of John Baker, White and Williams LLP and Robert Pettigrew, White and Williams LLP Mr. Baker may be contacted at bakerj@whiteandwilliams.com Mr. Pettigrew may be contacted at pettigrewr@whiteandwilliams.com Read the court decision
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California Beach Hotel to Get $185 Million Luxury Rebuild

September 17, 2014 — Nadja Brandt – Bloomberg
Rick Caruso, a Los Angeles shopping-mall developer, plans to spend about $185 million to rebuild a Southern California seaside hotel with a troubled past into a luxury getaway. The 170-room Miramar Beach Resort and Bungalows in Montecito, near Santa Barbara, will have such amenities as a beach club, spa, restaurants and two swimming pools, said Caruso, founder of closely held developer Caruso Affiliated. The site’s former hotel, known as Miramar by the Sea, has already been razed. Caruso bought the property in 2007 from H. Ty Warner, the billionaire creator of Beanie Babies plush toys and owner of the Four Seasons Hotel New York. The California hotel, on about 15 acres (6 hectares), had been out of service for more than a decade as past revival efforts were stalled by local opposition to development and the property market’s crash. Former owners include hotelier Ian Schrager. Read the court decision
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Reprinted courtesy of Nadja Brandt, Bloomberg
Ms. Brandt may be contacted at nbrandt@bloomberg.net

Montana Theater Threatened by Closure due to Building Safety

January 14, 2015 — Beverley BevenFlorez-CDJ STAFF
Phil Henderson, owner of Stevensville Hardware which is adjacent to the theater, has sued the Stevensville Playhouse, alleging that one of the theater building’s walls leans over into his property, according to the Bitterroot Star. Henderson stated that the leaning wall is interfering with construction plan, and he also alleges that the building is not safe and should be condemned. A building inspector hired by Henderson declared that “…it seems necessary to notify the Stevensville Playhouse that their structure is to be immediately considered unsafe for entry, occupancy, etc.” However, another engineering firm presented a different view on the situation: “The playhouse has withstood many snow storms and earthquakes during its life and will likely continue to function well into the future. We do not mean to downplay the need to perform the recommended repairs, but we do not feel that the building needs to be condemned at this point.” Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES