Fairfield Connecticut Building Expert Directory

District Court of Missouri Limits Whining About the Scope of Waiver of Subrogation Clauses in Wine Storage Agreements

May 01, 2019 — Gus Sara - The Subrogation Strategist
In Netherlands Ins. Co. v. Cellar Advisors, LLC, 2019 U.S. Dist. Lexis 10655 (E.D. Mo.), the United States District Court for the Eastern District of Missouri considered the scope of a waiver of subrogation clause in two wine storage agreements. The court held that the subrogation waivers were limited in scope and, potentially, did not apply to the damages alleged in the pleadings. This case establishes that, in Missouri, waivers of subrogation are narrowly construed and cannot be enforced beyond the scope of the specific context in which they appear. In 2005, Krista and Reid Buerger (the Buergers) contracted Marc Lazar (Lazar) to assist with purchasing, transporting and storing their wine. In 2006, the Buergers entered into a contract with Lazar’s company, Domaine StL, for the storage of their wine in St. Louis. In 2012, the Buergers contracted with Lazar’s other company, Domaine NY, for storage of their wine in New Jersey. The 2006 and 2012 contracts included subrogation waivers. Pursuant to the contracts, Lazar and the Domaine companies (collectively, Defendants) would buy wine for the Buergers by either using the Buergers’ credit card or invoicing them after a purchase. Read the court decision
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Reprinted courtesy of Gus Sara, White and Williams LLP
Mr. Sara may be contacted at sarag@whiteandwilliams.com

How the Cumulative Impact Theory has been Defined

November 30, 2020 — David Adelstein - Florida Construction Legal Updates
Largely in the federal contract arena, there is a theory referred to as “cumulative impacts” used by a contractor to recover unforeseeable costs associated with a multitude of changes that have an overwhelming ripple effect on its efficiency, particularly efficiency dealing with its original, base contract work. In other words, by dealing with extensive changes, there is an unforeseeable impact imposed on the contractor relative to its unchanged or base contract work. Under this theory, the contractor oftentimes prices its cumulative impact under a total cost approach with an examination on its cost overrun. However, this is not an easy theory to prevail on because there needs to be a focus on the sheer number of changes, causation supporting the impact, and whether there were concurrent impacts or delays that played a role in the ripple effect. See, e.g., Appeals of J.A. Jones Const. Co., ENGBCA No. 6348, 00-2 BCA P 31000 (July 7, 2000) (“However, in the vast majority of cases such claims are routinely denied because there were an insufficient number of changes, contractor-caused concurrent delays, disruptions and inefficiencies and/or a general absence of evidence of causation and impact.”). To best articulate how the cumulative impact theory has been defined, I want to include language directly from courts and board of contract appeals that have dealt with this theory. This way the contractor knows how to best work with their experts with this definition in mind–and, yes, experts will be needed–to persuasively package and establish causation and damages stemming from the multitude of changes. While many of these definitions are worded differently, you will see they have the same focus dealing with the unforeseeable ripple effect of the extensive changes. 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

OSHA’s COVID-19 Emergency Temporary Standard Is in Flux

December 06, 2021 — Megan E. Baroni & Jonathan H. Schaefer - Construction Executive
On Friday, Nov. 5, 2021, Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard was issued, with most requirements set to go into effect on Dec. 5. The ETS applies to employers with a total of 100 or more employees company-wide. Employers covered by the ETS would be required to develop, implement and enforce a mandatory vaccination policy, subject to limited exemptions, or allow unvaccinated employees to test regularly and be subject to a mask policy, among other associated recordkeeping, reporting and training requirements. Almost immediately, the ETS was hit with a number of legal challenges in various courts across the country. On November 6, just a day after the ETS was issued, the U.S. Circuit Court of Appeals for the Fifth Circuit issued an order staying the implementation of the ETS until further notice. The Court’s order was not a final ruling on the validity of the ETS but has halted implementation of the ETS, at least for the time being. Other legal challenges are already in process, further complicating the issue of if and when the ETS will become effective. As of November 2021, the ETS is on hold, at least temporarily. That could change any day and the ETS could be back in effect, in whole or in part, or permanently halted. The legal challenges to the ETS are unlikely to end, or diminish, until the Supreme Court has weighed in, making for a few uncertain months ahead. Reprinted courtesy of Megan E. Baroni and Jonathan H. Schaefer, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Ms. Baroni may be contacted at mbaroni@rc.com Mr. Schaefer may be contacted at jschaefer@rc.com Read the court decision
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Orlando Commercial Construction Permits Double in Value

October 01, 2013 — CDJ STAFF
This August, permits were taken out for $102.3 million of commercial construction projects, a 95% increase over last August’s $52.4 million. Meanwhile, residential construction was up by a third, jumping from $205.6 million to $274.1 million. Overall that sent construction up by 46% in the Orlando area. The construction industry is a major one in the Orlando area and its recovery provides some hope for the region. Read the court decision
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Construction Safety Technologies – Videos

November 02, 2017 — Aarni Heiskanen - AEC Business
Smart hard hats, drone imaging, indoor positioning, and augmented reality are some of the technologies that can make construction sites safer. Construction remains one of the most dangerous industries. In the USA, one in ten construction workers are injured every year. According to ILO, there are at least 60,000 fatal accidents on construction sites around the world every year, one in every 10 minutes. Investments in safety will certainly pay off. Culture, behavior, and attitudes have a great impact on construction safety. Technology can help, but only if it is used properly and consistently. Here’s a collection of recent videos that explain and demonstrate how digital technology can advance construction safety. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at info@aepartners.fi

Providence Partner Monica R. Nelson Helps Union Carbide Secure Defense Verdict in 1st Rhode Island Asbestos Trial in Nearly 40 Years

December 31, 2024 — Lewis Brisbois Newsroom
Providence, R.I. (November 22, 2024) - On November 21, 2024, a Providence County jury returned a unanimous defense verdict for Union Carbide Corporation after a nine-day trial presided over by Associate Justice Richard A. Licht. Tim McGowan of Kelley Jasons McGowan Spinelli Hanna & Reber LLP, Eric Cook of Willcox Savage, and Monica R. Nelson of Lewis Brisbois Bisgaard & Smith LLP represented Union Carbide at trial. Elliott Davis of Shook Hardy & Bacon was Union Carbide’s appellate counsel. The plaintiffs’ lawyers, Vincent L. Greene IV, Nathan D. Finch, and Ashley Hornstein of Motley Rice LLC, represented the family of Mrs. Bonnie Bonito in the first asbestos matter to go to trial in Rhode Island in close to 40 years and requested nearly $25 million in compensatory damages for the death of Mrs. Bonito from her alleged exposure to Union Carbide’s asbestos, among many other asbestos-containing products, through the work clothes of her husband. The plaintiffs’ proffered theory of liability against Union Carbide Corporation is known as a “take-home” exposure claim. Read the court decision
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Reprinted courtesy of Lewis Brisbois

Pennsylvania Federal Court Finds No Coverage For Hacking Claim Under E&O Policy

July 25, 2022 — Celestine Montague & Paul A. Briganti - White and Williams LLP
On June 9, 2022, the U.S. District Court for the Eastern District of Pennsylvania held, on summary judgment, that an insured was not entitled to coverage under a Professional Errors and Omissions (E&O) policy for loss allegedly resulting from a hacking incident. See Construction Fin. Admin. Servs., Inc. v. Federal Ins. Co., No. 19-0020, 2022 U.S. Dist. LEXIS 103042 (E.D. Pa. June 9, 2022). Applying North Carolina and Pennsylvania law, the court reasoned that: (1) coverage was barred by the policy’s unauthorized computer access, or “breach,” exclusions; and (2) the insured violated a condition in the policy that required the insurer’s consent to settlements and the violation prejudiced the insurer. The insured, Construction Financial Administration Services, Inc. (CFAS), was a third-party fund administrator for construction contractors. In April 2018, the CFAS received email requests from what it believed to be one of its clients, SWF Constructors (SWF), to disburse $1.3 million from an SWF account to a foreign company. CFAS authorized the payments, despite not having received a copy of any executed agreement between SWF and the foreign company. After the funds were disbursed, SWF advised that it had not authorized or requested the payments to the foreign company. In response, CFAS placed approximately $1.2 million of recovered and borrowed funds into the SWF disbursement account. SWF then sent a letter advising CFAS that the requests from the foreign company did not include documentation required under the contract between SWF and CFAS. It was later determined that the emails had been initiated by a fraudster who had gained unauthorized access to the sender’s email account. Reprinted courtesy of Celestine Montague, White and Williams LLP and Paul A. Briganti, White and Williams LLP Ms. Montague may be contacted at montaguec@whiteandwilliams.com Mr. Briganti may be contacted at brigantip@whiteandwilliams.com Read the court decision
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White and Williams Announces Lawyer Promotions

January 15, 2019 — White and Williams LLP
White and Williams is pleased to announce the election of Siobhan Cole, Matthew Ferrie, Joshua Galante, Rochelle Gumapac, Geoffrey Sasso and Benjamin Staherski to the partnership. The firm has also promoted Brandon Arber, Adam Berardi, Kevin Koscil and Greg Steinberg from associate to counsel. The newly elected partners and promoted counsel represent the wide array of practices that White and Williams offers its clients, including commercial and general litigation, corporate and securities, insurance coverage, product liability, subrogation and tax. These accomplished lawyers have earned this advancement based on their contributions to the firm and their practices. “We are delighted to elect these six lawyers to the partnership and promote four exceptional associates to counsel. The group demonstrates the breadth of services and the deep bench that we offer to our clients at White and Williams," said Patti Santelle, Managing Partner of the firm. “The contributions of this talented group have enhanced the growth and reputation of our firm and reflect our deep commitment to our clients. We look forward to their continued success.” Read the court decision
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Reprinted courtesy of White and Williams LLP

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES