Fairfield Connecticut Building Expert Directory

Condo Association Settles with Pulte Homes over Construction Defect Claims

November 06, 2013 — CDJ STAFF
The Springton Point Condominium Association has settled its construction defect claims against Pulte Homes for $5.6 million. The residents of the 152-unit condominium community alleged a variety of defects which led to water intrusion, as well as a variety of other problems, including defective fire sprinkler systems and missing insulation. Pulte filed lawsuits against its subcontractors on the project, however all but one of these were settled before the case went to trial. The lawsuit started in 2007, with Pulte adding the subcontractors in 2009. On October 25, a jury had been selected, but the case settled before opening statements. Read the court decision
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Construction Law Alert: A Specialty License May Not Be Required If Work Covered By Another License

March 07, 2011 — Steven M. Cvitanovic

Contractors should always be sure that they understand the licensing in any Subcontract or Prime Contract before entering into any agreement. However, on March 3, 2011, in the case of Pacific Casson & Shoring, Inc. v. Bernards Bros., Inc. 2011 Cal.App.Lexis 236, the Court of Appeal determined that if a specialty license is subsumed within another license, the specialty license may not be required.

Bernards entered into a subcontract with Pacific to excavate, backfill, grade and provide geotechnical design parameters for a hospital. The Prime Contract required the bidder to maintain a Class C-12 specialty earthwork license. However, Pacific only held a Class A general engineering license which it turns out was suspended during the performance of the work. Pacific sued Bernards for nonpayment of $544,567, but the lawsuit was dismissed because the trial court found that Pacific (1) lacked a C-12 license, and (2) Pacific’s Class A license was suspended for failure to pay an unrelated judgment. Pacific was also ordered to disgorge $206,437 in prior payments.

The Court of Appeal reversed and remanded. The Court of Appeal agreed with Pacific and held that a C-12 specialty license was not required despite the Prime Contract. The Court of Appeal found that the C-12 specialty license would have been “superfluous” since it was fully encompassed within the Class A requirements. However, the Court of Appeal also remanded the case for further

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Reprinted courtesy of Steve Cvitanovic of Haight Brown & Bonesteel, LLP.

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Florida Contractor on Trial for Bribing School Official

October 28, 2011 — CDJ STAFF

Lloyd Whann, an executive in M. M. Parrish Construction, a Gainesville, Florida firm, is going to trial over claims that he bribed a school district official with more than $50,000 in gifts. The trial has been pushed to March of 2012, in order for his defense to review documents.

Bob Williams, the former school official, plead guilty to conspiracy to commit bribery. He agreed to testify against Whann and M.M. Parrish Construction.

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Comparing Contracts: A Review of the AIA 201 and ConsensusDocs - Part I

March 22, 2018 — Michael Sams and Amanda Cox – Construction Executive, A publication of Associated Builders and Contractors. All Rights Reserved.
Here’s a helpful comparison of and analysis of some important contract sections in the AIA 201 (2007 and 2017 versions) and ConsensusDocs (2014 and 2017 versions). While not intended to be all inclusive, this summary comparison of the contract documents will run as a three-part series. Part I covers Financial Assurances, Design Risk, Project Management and Contract Administration. Part II will cover Schedule/Time, Consequential Damages/LDs, Claims and Disputes/ADR. Part III will cover Insurance and Indemnification and Payment. FINANCIAL ASSURANCES

What assurances are there that the owner can pay for the project?

The Contractor should have the right to request and obtain proof that the Owner has funding sufficient to pay for the Work. The provision should also provide that the Contractor may terminate the Contract if the Owner refuses to allow a review of funding documents, or should the Contractor reasonably determine that the Owner does not have sufficient funds to pay for the Work.

Relevant Sections:

A201 2007 Section 2.2.1; 2017 Section 2.2.1-2.2.2 A201

2014 & 2017 ConsensusDocs 200: Section 4.2

AIA:

Section 2.2.1 A201 2007 & 2017: Both editions require the Owner, upon Contractor’s written request, to provide, “reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract.” Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. If the Owner does not comply, the Contractor may stop work.

Additionally, A201 2017 Section 2.2.2 awards costs to the Contractor for demobilization and remobilization.

Reprinted courtesy of Michael Sams , Kenney & Sams and Amanda Cox, Kenney & Sams Mr. Sams may be contacted at mpsams@KandSlegal.com Ms. Cox may be contacted at ajcox@KandSlegal.com Read the court decision
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Seeking Better Peer Reviews After the FIU Bridge Collapse

September 16, 2019 — Engineering News-Record
On the surface, it seemed like an outrageous defensive move following a painful tragedy. Louis Berger Group has refused requests from the Dept. of Labor to hand over emails with FIGG Bridge Engineers about its peer review of the ill-fated Florida International University pedestrian bridge. The structure collapsed on March 15, 2018, killing six people and injuring several others. Read the court decision
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ENR may be contacted at ENR.com@bnpmedia.com

Chicago Debt Document Says $8.5B O'Hare Revamp May Be Delayed

October 26, 2020 — Jeff Yoders - Engineering News-Record
The $8.5-billion revamp of O'Hare International Airport may have to be delayed because of COVID-19 related economic impacts, according to documents included in paperwork to refinance existing airport debt. The city forcefully disagreed with that summation, however, and says the project will move forward and is not endangered. Reprinted courtesy of Jeff Yoders, Engineering News-Record Mr. Yoders may be contacted at yodersj@enr.com Read the full story... Read the court decision
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Hunton Andrews Kurth’s Insurance Recovery Practice, Partners Larry Bracken and Mike Levine Receive Band 1 Honors from Chambers USA in Georgia

June 14, 2021 — Walter J. Andrews - Hunton Insurance Recovery Blog
The 2021 Chambers and Partners rankings for Georgia insurance recovery practices and lawyers are out and Hunton Andrews Kurth has received top honors. The rankings include Hunton Andrews Kurth’s Insurance Recovery practice and partners Lawrence J. Bracken II and Michael S. Levine, with all receiving Band 1 honors – the organization’s top-tier ranking. “The top-level ranking of our practice in Georgia, and the work that Larry and Mike bring to our clients in Georgia, specifically, is emblematic of the work our team is doing nationwide,” said Insurance Recovery Practice Head, Walter J. Andrews. “The Firm and I could not be more proud,” he added. Chambers and Partners is an independent research company operating across more than 200 jurisdictions delivering detailed rankings and insight into the world’s leading lawyers. Its rankings are viewed as one of the most credible and reliable industry benchmarks. Read the court decision
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Reprinted courtesy of Walter J. Andrews, Hunton Andrews Kurth
Mr. Andrews may be contacted at wandrews@HuntonAK.com

Plaintiff’s Mere Presence in Area Where Asbestos is Present Insufficient to Establish Bystander Exposure

October 21, 2015 — R. Bryan Martin & Laura C. Williams – Haight Brown & Bonesteel LLP
In Schiffer v. CBS Corporation (filed 9/9/15; modified 9/30/15), the California Court of Appeal, First Appellate District, affirmed summary judgment in favor of the defendant asbestos insulation manufacturer finding plaintiffs failed to present sufficient evidence of bystander exposure. Plaintiff James Schiffer (“Schiffer”) alleged that while working at the Ginna Gas & Electric power plant in the summer of 1969, he was exposed to asbestos-containing materials during installation of equipment and insulation manufactured by CBS Corporation’s predecessor-in-interest, Westinghouse. After developing mesothelioma, Schiffer and his wife sued numerous entities, including CBS, which successfully moved for summary judgment on the grounds that Schiffer failed to submit evidence that he was exposed to asbestos-containing materials. Reprinted courtesy R. Bryan Martin, Haight Brown & Bonesteel LLP and Laura C. Williams, Haight Brown & Bonesteel LLP Mr. Martin may be contacted at bmartin@hbblaw.com Ms. Williams may be contacted at lwilliams@hbblaw.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES