Fairfield Connecticut Building Expert Directory

In Oregon Construction Defect Claims, “Contract Is (Still) King”

April 25, 2012 — CDJ STAFF

Writing in Oregon’s Daily Journal of Commerce, David Anderson looks at the aftermath of the case Abraham v. T. Henry Construction, Inc. In that case, Anderson notes that “the homeowners hired a contractor to build their house, and subsequently discovered extensive water damage” “after expiration of the time to sue for breach of contract.” The homeowners claimed negligence. Oregon’s Supreme Court concluded that “homeowners only had to prove that the contractor negligently caused reasonably foreseeable harm to the homeowner’s property.”

Anderson views this decision as leading to two risks for contractors. “First, contractors can be held liable in tort for breaching building code standards; second, they can be held liable for violating the often-difficult-to-define ‘reasonable care’ standard.” But here, “contract can be king.” The Oregon Supreme Court noted that the contractor “could have avoided exposure to the general ‘reasonable care’ standard by more carefully defining its obligations in the original construction contract.”

He notes that contractors who fail to define their obligations or use generic definitions “may be exposing themselves to a more vague scope of liability.”

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“License and Registration, Please.” The Big Risk of Getting Busted for Working without a Proper Contractor’s License

July 25, 2021 — Christopher A. Henry & Mia Hughes - ConsensusDocs
The need for contractors to maintain the proper contracting license may seem like a mundane, clerical detail, and generally is just that. If, however, the contractor ignores or mishandles paperwork and the proper license is not in hand, licensing may go from a mundane, clerical detail to a financial catastrophe. An unlicensed contractor may be barred from asserting claims or collecting payments for work already performed; the contractor may even be required to return payments for unlicensed work performed. A recent case in Georgia, a state that had no state-wide general contractor’s license requirement in effect until 2008 illustrates the risk of unlicensed work.[1] In Saks Management and Associates, LLC v. Sung General Contracting, Inc.,[2] the court ruled that without a license the general contractor did not have the right to enforce a contract. The contractor’s claims for payment failed, and the mundane, clerical error led a major financial loss. This disastrous result for the Georgia contractor is far from an outlier, and is a real risk in many states. Reprinted courtesy of Christopher A. Henry, Jones Walker LLP and Mia Hughes, Jones Walker LLP Mr. Henry may be contacted at chenry@joneswalker.com Read the court decision
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City Development with Interactive 3D Models

October 23, 2018 — Aarni Heiskanen - AEC Business
The Finnish city of Hyvinkää has developed a unique internet service for collaborative 3D city planning. It gives real estate owners, investors, developers, designers, authorities, and citizens easy-to-use tools to publish their 3D plans and ideas for the built city environment. Participants can comment on the 3D plans directly in the city model. The 3D app is integrated with Facebook, which enables further conversation. Building the 3D City Model Päivi Tiihonen is the manager of the information services unit of the city’s technical and environmental sector. The city started building a browser-based 3D city model when Tiihonen assumed her position in 2014. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Colorado Legislative Update: HB 20-1155, HB 20-1290, and HB 20-1348

August 03, 2020 — Jean Meyer - Colorado Construction Litigation
This year’s Colorado State Legislative session was cut short. However, in the period of time Colorado’s Legislature was in session, it passed and evaluated important legislation for Colorado homebuilders. This article highlights relevant legislation for Colorado homebuilders. 1. HB 20-1155 This Bill creates new requirements on new homebuilders to offer renewable energy systems to the buyer of a new home. Specifically, the Bill requires homebuilders to offer each of the following:

A solar panel system, a solar thermal system, or both;
Prewiring or pre-plumbing for the above solar systems; and,
A chase or conduit for future installation of such systems.

The Bill further requires Colorado homebuilders to offer homebuyers one of the following:

An electric vehicle charging system;
Prewiring for the future installation for such a system; or,
A plug-in receptacle in a place accessible to a vehicle parking area.

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Reprinted courtesy of Jean Meyer, Higgins, Hopkins, McLain & Roswell, LLC
Mr. Meyer may be contacted at meyer@hhmrlaw.com

Builders Can’t Rely on SB800

October 01, 2013 — CDJ STAFF
In coming to their ruling on SB800, the California Court of Appeals looked to the legislative intent behind the law. Valentine Hoy, Timothy Hutter, and Erin Sedloff of Allen Matkins, in an article on the ruling, note that SB800 was written in response to Aas v. Superior Court, in which the court found that there was no remedy for construction defects that had not resulted in property damage. In the latest ruling, Liberty Mutual v. Brookfield Crystal Cove, LLC, the court concluded that SB800 was passed to give homeowners a way to address defects that had not lead to damage. However, the court also concluded that the legislature did not intend for SB800 to be the only remedy. In Liberty Mutual, the insurance company sought reimbursement for claims it had paid on a homeowner’s claim after a fire sprinkler pipe burst. Liberty Mutual had insured the homeowner and sought repayment from the builder. Escrow had closed on the home in 2004, the pipe burst in 2008, and Liberty Mutual filed their claim in 2011, seven years after the close of escrow. But for plumbing issues, SB800 has a four-year statute of limitations. The writers describe California as “a hotbed for construction defect litigation.” Due to the Liberty Mutual ruling, developers now “cannot rely on the statutes of limitation set forth in SB800.” Read the court decision
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New Index Tracking Mortgages for New Homes

June 18, 2014 — Beverley BevenFlorez-CDJ STAFF
The National Association of Home Builders’ Eye on Housing reported that the Mortage Bankers Association (MBA) completed their Builder Application Survey (BAS), which demonstrated that “mortgage applications for new home purchases decreased by a not seasonally adjusted monthly rate of 8.4% in May 2014. However, on a 12-month basis, mortgage applications for new home purchases in May 2014 were 4.9% higher than their level in May 2013.” According to Eye on Housing, “This is the fifth consecutive month of year-over-year increases in mortgage applications for new home purchases.” Read the court decision
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Expert Excluded After Never Viewing Damaged Property

October 28, 2015 — Tred R. Eyerly – Insurance Law Hawaii
Plaintiff's expert was excluded for never having seen the property. Wehman v. State Farm Fire and Casualty Co., 2015 U.S. Dist. LEXIS 117445 (D. N.J. Sept. 3, 2015). Plaintiff's home was damaged by Superstorm Sandy on October 29, 2012. He reported his loss to State Farm on Octorber 25, 2013, claiming that some roof shingles had come loose during the storm. No other damage was reported. An investigator for State Farm visited the property. The investigator determined that the damage to the roof was not caused by Sandy, but by age, wear and tear, all of which were excluded causes under the policy. Plaintiff informed the investigator there was no damage to the interior of the home and denied the investigator's request to enter the house to inspect. Plaintiff then sued State Farm for breach of contract and bad faith. Plaintiff designated Timothy Fife of Gulf Coast Estimating Services as his expert in the litigation. Fife's estimate of damages consisted of twelve pages of allegedly required repairs for both the interior and exterior of Plaintiff's property totaling $86,351.01. Fife never visited the property to inspect and never spoke with Plaintiff regarding the condition of the property prior to Sandy or the damage allegedly caused by Sandy. Instead, Fife relied upon an inspection conducted by someone else. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

US Appeals Court Halts OSHA Vaccine Mandate, Unclear How Long

November 15, 2021 — Debra K. Rubin & Jeff Yoders - Engineering News-Record
The U.S. Court of Appeals in New Orleans on Nov. 6 stayed the Biden administration's requirement that workers at U.S. companies with at least 100 employees be vaccinated against COVID-19 or be tested weekly, citing potential "grave statutory and constitutional" issues raised by opponents of the US Occupational Safety and Health Administration's emergency temporary standard announced on Nov. 4. Reprinted courtesy of Debra K. Rubin, Engineering News-Record and Jeff Yoders, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Mr. Yoders may be contacted at yodersj@enr.com Read the full story... Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES