Fairfield Connecticut Building Expert Directory

The Construction Industry's Health Kick

October 02, 2018 — Erin Ansley - Construction Executive
The construction industry appears to be on a health kick, and by all accounts it isn’t a fad. Trends identified in recent years in the health care sector are strengthening with a surge of new projects nationwide. “All parts of the country are experiencing significant health care design and construction activity,” observes Hank Adams, HDR’s global director of health. “We’re expecting continued growth into the near future and feel optimistic that the marketplace will continue to be strong.” Modern urban planning strategies, engineering advancements and sophisticated design take center stage as oversized hospitals serving large patient populations within a 100-mile radius make way for more specialized centers that target the overall wellness of the local community. Reprinted courtesy of Erin Ansley, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Landlords Beware: Subordination Agreements

May 03, 2017 — Kevin J. Parker - Snell & Wilmer Real Estate Litigation Blog
In the recent Arizona Court of Appeals case Earle Investments, LLC v. Southern Desert Medical Center Partners, 762 Ariz. Adv. Rep. 12 (2017), the Court of Appeals addressed the question of the scope of a subordination agreement signed by the property owner (Lessor/Landlord) at the request of the Lessee/Tenant and Lessee/Tenant’s Lender. In general, by subordination, Party No. 1 with a higher/better lien priority agrees to allow Party No. 2 (usually a lender providing construction funds for the overall betterment of the property) to get a lien position in front of Party No. 1. Party No. 1 presumably believes the switch of lien position in return for someone else paying for the property improvements will benefit Party No. 1 in the long run by resulting in an increase in the value of Party No. 1’s position. Read the court decision
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Reprinted courtesy of Kevin J. Parker, Snell & Wilmer
Mr. Parker may be contacted at kparker@swlaw.com

Aarow Equipment v. Travelers- An Update

January 16, 2024 — Christopher G. Hill - Construction Law Musings
Previously here at Musings, I discussed the application of pay if paid clauses and the Miller Act. The case that prompted the discussion was the Aarow Equipment & Services, Inc. v. Travelers Casualty and Surety Co. case in which the Eastern District of Virginia Federal Court determined that a “pay if paid” clause coupled with a proper termination could defeat a Miller Act bond claim. However, as I found out a couple of weeks ago at the VSB’s Construction Law and Public Contracts section meeting, the 4th Circuit Court of Appeals reversed and remanded this case in an unpublished opinion (Aarow Equipment & Services, Inc. v. Travelers Casualty and Surety Co.) In it’s opinion, the 4th Circuit looked at some of the more “interesting” aspects of this case. One of these circumstances was that Syska (the general contractor) directed Aarow to construct sedimentary ponds and other water management measures around the project (the “pond work”), which both agreed was outside of the scope of the work defined in their subcontract. Syska asked that the government agree to a modification of the prime contract and asked Aarow to wait to submit its invoice for the pond work until after the government issued a modification to the prime contract and Syska issued a change order to the subcontract. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

California Contractors: Amended Section 7141.5 Provides Important License Renewal Safety Net

July 25, 2021 — Amy L. Pierce, Mark A. Oertel, John Lubitz & Adam B. Wiens - Lewis Brisbois
Under California’s Contractors State License Law, Cal. Bus. & Prof. Code §§ 7000 et seq., contractors’ licenses expire two years from the last day of the month in which the license was issued or two years from the date on which the renewed license last expired. The Contractors State License Board (CSLB) sends licensees a renewal application 60 to 90 days in advance of the date the license is set to expire. Even with various controls in place, mistakes happen and a renewal application filing deadline can be missed. During the August 5-6, 2019 Executive, Licensing, and Legislative Committee Meetings, the CSLB discussed proposed amendments to Section 7141.5 to reduce both the burden on it to review applications for retroactive renewal of a license that had not been timely submitted and to provide contractors with some relief from the high burden to establish “the failure to renew was due to circumstances beyond the control of the licensee.” Not long after, the CSLB’s Board of Directors gave staff approval to seek an author for the bill and, on September 29, 2020, Governor Newsom signed Senate Bill 1474 into law, which includes the CSLB’s proposed amendments to Section 7141.5, effective January 1, 2021. Reprinted courtesy of Amy L. Pierce, Lewis Brisbois, Mark A. Oertel, Lewis Brisbois, John Lubitz, Lewis Brisbois and Adam B. Wiens, Lewis Brisbois Ms. Pierce may be contacted at Amy.Pierce@lewisbrisbois.com Mr. Oertel may be contacted at Mark.Oertel@lewisbrisbois.com Mr. Lubitz may be contacted at John.Lubitz@lewisbrisbois.com Mr. Wiens may be contacted at Adam.Wiens@lewisbrisbois.com Read the court decision
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Haight Ranked in 2018 U.S. News - Best Lawyers "Best Law Firms" List

November 02, 2017 — Haight Brown & Bonesteel LLP
Haight Brown & Bonesteel LLP is listed in the 2018 U.S. News – Best Lawyers "Best Law Firms" list with five metro rankings in the following areas: Los Angeles

Tier 1 in Insurance Law
Tier 1 in Personal Injury Litigation - Defendants
Tier 1 in Product Liability Litigation - Defendants
Tier 2 in Personal Injury Litigation - Plaintiffs
Tier 2 in Product Liability Litigation - Plaintiffs

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Administrative and Environmental Law Cases Decided During the U.S. Supreme Court’s 2017-2018 Term

July 28, 2018 — Anthony B. Cavender & Amy L. Pierce - Gravel2Gavel
Unlike other Terms, only a handful of cases addressed administrative and environmental law issues in the U.S. Supreme Court’s 2017-2018 Term. However, the next Term of the Court promises to be more active in these areas.

On January 22, 2018, the Court issued a unanimous opinion in the Clean Water Act (CWA) case, Nat’l Assoc. of Mfrs. v. Dep’t of Defense, holding that the plain language of the CWA requires the appeal of the Environmental Protection Agency’s (EPA) redefinition of “waters of the United States” (WOTUS Rule) must be heard first in the federal district courts. Whereas all appeals of most EPA CWA effluent limitation rules must be heard in the federal Courts of Appeals, Congress chose not to do this with respect to this definitional rule. The Court points out that reviews in the Courts of Appeals must take place within 120 days of the rule’s promulgation, but any review of a rule in the federal district court must take place within 6 years of the date the claim accrues.

Reprinted courtesy of Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman and Amy L. Pierce, Pillsbury Winthrop Shaw Pittman Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com Ms. Pierce may be contacted at amy.pierce@pillsburylaw.com Read the court decision
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Real Estate & Construction News Round-Up (07/13/22)

August 07, 2022 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
The Biden administration will use infrastructure funds to upgrade 85 airports across the U.S., The Affordable New York tax provision expires, homebuyers in China refuse to pay mortgages, and more.

Hines, a Houston-based real estate giant, set a target of its 1,530 properties in 28 countries being net-zero operational carbon by 2040. (John Egan, Innovation Map)
The Biden administration announced it will spend roughly $1 billion from the infrastructure package to upgrade 85 airports across the country, including terminals and other facilities. (Jeff Mordock, The Washington Post)
The Affordable New York tax provision, which offered a property tax exemption for housing projects that include a percentage earmarked for lower-income renters, expired in June, creating an unsettled future for the city’s multifamily development. (Rebecca Picciotto, The Wall Street Journal)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Preventing Acts of God: Construction Accidents Caused by Outside Factors

September 20, 2017 — Christopher G. Hill - Construction Law Musings
For this week’s Guest Post Friday here at Musings, we welcome back Seth Smiley. Seth, a native of Baton Rouge, is the owner of Smiley Law Firm. He is admitted to practice in all state and federal courts in Louisiana and California. Seth Smiley is the son of a general contractor, and acquired valuable work experience in the construction industry prior to entering law school. He earned his J.D. from Loyola, New Orleans in 2009. In his practice, Seth handles all aspects of construction cases, from initial contracting all the way to final payment once work is complete. Other areas of focus include commercial lease disputes, personal injury, business formation, and insurance property damage claims. Seth loves to fight insurance companies. Seth is currently the primary author of the Smiley Law Blog. The blogs primary focus is to provide value for current and prospective clients regarding trending legal issues in which the attorneys at Smiley Law Firm cover. There are several factors a construction team can control on a job site. The foreman can ensure scaffolding is secure and that all employees are properly trained, and all workers can take steps to ensure a reasonably safe work site. Accidents can and will happen despite the best efforts of those involved. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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