Fairfield Connecticut Building Expert Directory

Defining Construction Defects

February 04, 2013 — CDJ STAFF
Joseph M. Junfola has started a series at PropertyCasualty360.com on construction defect, and as is appropriate with an in-depth look, he starts by defining the central terms. What is a construction defect? What is a construction defect claim? Junfola notes that "there is no one uniform definition in all jurisdictions," and so he looks at the commonalities to "fashion at least a working definition." Nevada says that a construction defect "includes a defect in the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or an addition to an existing residence, or of an appurtenance." According to Florida it is "a deficiency in, or a deficiency arising of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property." He continues that a construction defect claim is "a claim for damages, i.e. money, arising out of a defect in construction, including defective design, faulty workmanship, and defective materials," but he notes that this is typically pursuant to the discovery of the problem within a given time. Read the court decision
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Fixing the Problem – Not the Blame

November 30, 2016 — Curtis W. Martin – Peckar & Abramson, P.C. Bulletin
Who is responsible for defective design under Texas law? The contractor, under Lonergan? The owner, under Spearin? A recent Fifth Circuit decision suggests that in some cases this might be the wrong question when design responsibility is disputed. The appellate court recently remanded a case back to the district court to determine whether the contractor or owner breached an implied duty to cooperate in discovering defects in design and subsequently pricing the change required to correct the problem. Read the court decision
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Reprinted courtesy of Curtis W. Martin, Peckar & Abramson, P.C.
Mr. Martin may be contacted at cmartin@pecklaw.com

Ahlers Distinguished As Top Super Lawyer In Washington And Nine Firm Members Recognized As Super Lawyers Or Rising Stars

August 10, 2020 — Joshua Lane - Ahlers Cressman & Sleight Blog
ACS is very honored and pleased to announce nine members of our firm were awarded the distinction of top attorneys in Washington. Our blog articles usually cover Construction Legal News, but we feel this is a newsworthy accolade to be shared with friends and clients. To become candidates to receiving the Super Lawyer nomination, lawyers are nominated by a peer or identified by research. After completing this first step in the process, Super Lawyer’s research department analyzes 12 indicators, such as experience, honors/awards, verdicts/settlements and others. As for the third step, there is a peer evaluation by practice area. Finally, for step four, candidates are grouped into four firm-size categories. In other words, solo and small firm lawyers are compared only with other solo and small firm lawyers, and large firm lawyers are compared with other large firm lawyers. The process is very selective and only 5 percent of the total lawyers in Washington are nominated as Super Lawyers. John P. Ahlers, one of the firm’s founding partners, was recognized as the Top Lawyer out of all Washington lawyers in the State. Mr. Ahlers stated that “It was humbling to receive this distinction, particularly considering the many talented Super Lawyers in the State and I am a ‘construction lawyer’ to boot! I am grateful for the confidence my many colleagues in the bar have in me, by honoring me with their vote”. Founding partner Paul R. Cressman Jr. and partner Brett M. Hill were both recognized as one of the 100-Best Lawyers in the State. Four other firm members are also recognized as Super Lawyers: Scott R. Sleight, Bruce A. Cohen, Lawrence S. Glosser and Ryan W. Sternoff. Two other firm members, partner Lindsay (Taft) Watkins and associate Scott D. MacDonald are also recognized as Super Lawyer Rising Stars, which recognizes attorneys either 40 years old or younger, or in practice 10 years or less. Read the court decision
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Reprinted courtesy of Joshua Lane, Ahlers Cressman & Sleight
Mr. Lane may be contacted at joshua.lane@acslawyers.com

Housing Stocks Rally at End of November

December 04, 2013 — CDJ STAFF
The homebuilding industry had something to be thankful for this year. In a report on stocks issued just before the Thanksgiving holiday, Standard Pacific Group and Toll Brothers where outperforming the S&P 500 (Gafisa S.A., a Brazilian firm that trades on the New York Stock Exchange also outperformed the index). Both of the U.S. firms traded about their 50-day moving averages. A third U.S. home builder, The Ryland Group, traded above its 50-day moving average, but did not outperform the S&P 500. Read the court decision
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Feds Used Wire to Crack Las Vegas HOA Scam

July 31, 2013 — CDJ STAFF
Court documents have revealed that the FBI used informants wearing listening devices in order to uncover the plan to take over Las Vegas area homeowner associations with the intent of bilking the residents through backdoor agreements on construction defect claims. The Las Vegas Review-Journal notes one important step was when the FBI managed to get a member of the Mission Pointe board to act as an informant. The FBI informant was recruited by one of the conspirators, Sami Robert Hindiyeh. The informant eventually spoke with Benzer himself. The plan was to convince the community manager of Mission Pointe to take bribes, all part of rigging the board election. At one point, the informant was paid $20,000 for his help in convincing the manager to take part. The manager had agreed to play along in the FBI sting. Ralph Priola, one of the conspirators, told the informant that “as long as we keep everything on the up and up, that’s the way our company operates.” Later Priola asked the informant if legitimate ballots could be swapped out for those voting for Benzer’s candidates. But the election didn’t happen. The FBI raided Benzer’s office, bringing the scam to its end. Read the court decision
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Ohio Court Finds No Coverage for Construction Defect Claims

March 01, 2012 — Tred R. Eyerly - Insurance Law Hawaii

Charles and Valerie Myers hired Perry Miller to build their home. Myers v. United Ohio Ins. Co., 2012 Ohio App. LEXIS 287 (Ohio Ct. App. Jan. 26, 2012). After completion of the home, Miller was again hired to construct an addition which included a full basement, staircases, bathroom, bedroom, hallway and garage.

After the addition was completed, one of the basement walls began to crack and bow. Miller began to make repairs, but eventually stopped working on the project. Other contractors were hired to make repairs, but further problems developed. A second basement wall began to bow and crack, allowing water into the basement. The wall eventually had to be replaced. Subsequently, the roof over the addition began to leak in five or six places before the drywall could be painted. The leaks caused water stains on the drywall and cause it to separate and tear. It was discovered the roof needed to be replaced.

The Myers sued Miller and his insurer, United Ohio Insurance Company. The trial court ruled that the policy did not provide coverage for faulty workmanship, but did provide coverage for consequential damages caused by repeated exposure to the elements. United Ohio conceded liability in the amount of $2,000 to repair water damage to the drywall. United Ohio was also found liable for $51,576, which included $31,000 to repair the roof and ceiling and $18,576 to replace the basement wall.

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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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Class Actions Under California’s Right to Repair Act. Nope. Well . . . Nope.

January 15, 2019 — Garret Murai - California Construction Law Blog
It’s the holidays. A time when family and friends, and even neighbors, gather together. And nothing brings neighbors closer together than class action residential construction defect litigation. In Kohler Co. v. Superior Court, Case No. B288935 (November 14, 2018), the Second District Court of Appeal addressed whether neighbors can bring class action lawsuits under the Right to Repair Act. For those who are regular readers of the California Construction Law Blog you’re familiar with the Right to Repair Act codified at Civil Code sections 895 et seq. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen
Mr. Murai may be contacted at gmurai@wendel.com

DoD Issues Guidance on Inflation Adjustments for Contractors

August 15, 2022 — Jennifer Harris & Abby Salinas - ConsensusDocs
The Department of Defense (“DoD”) recently issued a memorandum to contracting officers (“COs”) guiding the use of economic price adjustment (“EPA”) clauses to address inflation-related cost increases. The memorandum, entitled Guidance on Inflation and Economic Price Adjustments, comes as the year-over-year inflation rate rose to 8.6% in May, and contractors with fixed-price contracts seek ways to recover their rising costs. EPA clauses allow the parties to mitigate cost risks that present themselves as a result of circumstances beyond the contractor’s control, e.g., inflation and supply chain price fluctuations. Generally, an EPA clause will dictate that the Government bear the cost risk up to a mutually agreed-upon ceiling. EPA clauses apply to the cost portion of a contract, but do not normally apply to the profit. DFARS PGI 216.203-4. Memorandum: No CO Authority to Grant Contractual Relief Absent an EPA Clause The memorandum states that absent an existing EPA clause, COs do not have the authority to provide contractual relief for unanticipated inflation under a firm-fixed-price contract. Reprinted courtesy of Jennifer Harris, Peckar & Abramson, P.C. (ConsensusDocs) and Abby Salinas, Peckar & Abramson, P.C. (ConsensusDocs) Ms. Harris may be contacted at jharris@pecklaw.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES