FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

New York: The "Loss Transfer" Opportunity to Recover Otherwise Non-Recoverable First-Party Benefits

May 13, 2014 — Robert M. Caplan – White and Williams LLP
New York’s “no-fault” legislation reflects a public policy designed to make the insurer of first-party benefits absorb the economic impact of loss without resort to reimbursement from its insured or, by subrogation, from the tortfeasor. Country Wide Ins. Co. v. Osathanugrah, 94 A.D.2d 513, 515 (N.Y. 1st Dept. 1983). The no-fault concept embodied in New York’s Insurance Law modifies the common law system of reparation for personal injuries under tort law. Safeco Ins. Co. of Am. v. Jamaica Water Supply Co., 83 A.D.2d 427, 431 (N.Y. 2nd Dept. 1981). “[F]irst party benefits are a form of compensation unknown at common law, resting on predicates independent of the fault or negligence of the injured party.” Id. at 431. The purpose of New York’s no-fault scheme is “to promote prompt resolution of injury claims, limit cost to consumers and alleviate unnecessary burdens on the courts.” Byrne v. Oester Trucking, Inc., 386 F. Supp. 2d 386, 391 (S.D.N.Y. 2005). New York’s no-fault scheme—contained in Article 51 of its Consolidated Laws (“Comprehensive Motor Vehicle Insurance Reparations”)—requires owners of vehicles to carry insurance with $50,000 minimum limits which covers basic economic loss, i.e., first-party benefits, on account of personal injury arising from the use or operation of a motor vehicle. Basic economic loss includes, among other things: (1) medical expenses; (2) lost earnings up to $2,000 per month for three years; and (3) out-of-pocket expenses up to $25 per day for one year. N.Y. INS. LAW § 5102(a). Read the court decision
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Reprinted courtesy of Robert M. Caplan, White and Williams LLP
Mr. Caplan may be contacted at caplanr@whiteandwilliams.com

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Consultant Says It's Time to Overhaul Construction Defect Laws in Nevada

February 07, 2013 — CDJ STAFF
Randi Thompson, a Republican political and media consultant, told the Reno Gazette-Journal what she wished Governor Brian Sandoval had said during his recent State of the State address in Nevada. Construction defect litigation was one of the issues that Ms. Thompson said that Governor Sandoval should have addressed. Thompson said that the governor "should have said it's time to get rid of Nevada's horrid construction defect laws." Ms. Thompson said that "these laws extort money from small business subcontractors who likely had nothing whatsoever do to with any real or perceived defect." She attributed the ongoing construction defect scandal in Las Vegas to "bad law." Ms. Thompson said that these issues are unlikely to be addressed, because "the Democrats control both houses in the Legislature" and the issues are "sacred cows to the Democrats' constituents." Read the court decision
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New York Team’s Win Limits Scope of Property Owners’ Duties to Workers for Hazards Inherent in Their Work

May 20, 2024 — Lewis Brisbois Newsroom
New York, N.Y. (May 9, 2024) - New York Partners Jennifer Oxman and Andrew Harms recently secured dismissal of a personal injury plaintiff’s complaint on summary judgment in Queens County, with a state judge accepting their argument that a porter who allegedly tripped and fell on loose wood in a stairwell had no cause of action against the property owner because it was his job to clean the stairs in the first instance. The porter was not an employee of the property owner, but rather an employee of a property management company. Therefore, the workers compensation bar did not apply to the employee’s claims. In a four-page decision, Justice Chereé A. Buggs of Queens County Supreme Court found that plaintiff’s duties as a porter included cleaning the stairwell and that he saw and cleaned loose pieces of wood on occasions prior to his accident. Justice Buggs held that while the wood debris likely came from an “outside source”, i.e. a contractor performing work at a neighboring building, the source of the debris was not relevant. Rather, what mattered was the fact that the hazard upon which plaintiff tripped was “inherent in or related to” plaintiff’s work responsibilities. By contrast, Justice Buggs held that the contractor who allegedly was the source of the wood was not entitled to summary judgment under the same legal theory because it arguably caused and created the hazard upon which plaintiff tripped. Read the court decision
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Reprinted courtesy of Lewis Brisbois

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Saudi Arabia Awards Contracts for Megacity Neom’s Worker Housing

September 16, 2019 — Vivian Nereim - Bloomberg
Saudi Arabia has awarded to two Saudi firms contracts to build worker housing for its futuristic mega-city called Neom, as plans for the $500 billion project move forward despite skepticism from investors. Tamimi Group and Saudi Arabian Trading & Construction Co. won contracts to finance, build and operate three residential areas with capacity to house 30,000 people, Neom said in a statement on Sunday. The areas will be part of a so-called “Construction Village,” which Neom later plans to expand to accommodate more than 100,000 residents, it said. Neom did not say how much the contracts were worth. Read the court decision
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Reprinted courtesy of Vivian Nereim, Bloomberg

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Client Alert: Expert Testimony in Indemnity Action Not Limited to Opinions Presented in Underlying Matter

February 18, 2015 — R. Bryan Martin and Kristian B. Moriarty – Haight Brown & Bonesteel, LLP
In National Union Fire Insurance Co. of Pittsburgh Pa. v. Tokio Marine and Nichido Fire Insurance Co. (filed 2/4/2015, B24899 and B247258), the California Court of Appeal, Second District, held that the insurer of Costco Wholesale Corporation, in a subsequent indemnity action, could offer expert opinions which were not developed by the third-party plaintiff’s experts in an underlying dispute. Jack Daer filed suit against Costco and Yokohama Tire Corporation, alleging a tire manufactured by Yokohama (and sold by Costco), was defective and caused an accident resulting in Mr. Daer’s injuries. The case proceeded through expert discovery and depositions. On the first day of trial, Costco settled with Daer for $5.5 million, and Yokohama settled for $1.1 million. Reprinted courtesy of R. Bryan Martin, Haight Brown & Bonesteel LLP and Kristian B. Moriarty, Haight Brown & Bonesteel LLP Mr. Martin may be contacted at bmartin@hbblaw.com, Mr. Moriarty may be contacted at kmoriarty@hbblaw.com Read the court decision
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New Iowa Law Revises Construction Defects Statute of Repose

September 07, 2017 — David Suggs – Bert L. Howe & Associates, Inc.
Starting July 1st of this year, Iowa homeowners now have only ten years to file a claim against the builder instead of the fifteen years that was allowed previously, reported WZAD 8 News. Furthermore, commercial property owners will only have eight years to file their suits. Scott Webster, Vice President of the Quad Cities Builders and Re-modelers Association, told WZAD 8 News that insurance companies played a part in the change: “[I]nsurance companies were saying, Iowa is at such a long period of time for any kind of defect, that may be hard to prove whether the builder even did it or the homeowner modified the house.” However, Tom Miller, Iowa Attorney General, disagreed with the change in policy: “We think that it’s unfair to consumers, the defects in buildings and commercial buildings too, can show up very easily between eight and fifteen years out.” Read the court decision
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Ohio Does Not Permit Retroactive Application of Statute of Repose

October 08, 2014 — Beverley BevenFlorez-CDJ STAFF
Don Gregory of Kegler Brown Hill + Ritter (published in Association of Corporate Counsel) reported that while Ohio currently has a statute of repose, the Supreme Court of Ohio recently ruled in a case where the development was built in 1990 but the defects weren’t discovered until 2003 that the statute of repose did not apply since “Ohio had no enforceable statute of repose in 2003 (it had been declared unconstitutional).” Gregory stated that “[t]his case means that some construction defect claims, by condo associations or others, may survive even though construction was completed more than a decade ago.” Read the court decision
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Effective Strategies for Reinforcing Safety Into Evolving Design Standards

July 02, 2024 — Ethan Harris - Construction Executive
From design/build condos to built-to-suit warehouses, one factor remains the highest priority regardless of the project type—the approach to upholding the highest level of safety. Safety exists as a core value across all areas of the construction industry, but the increased risk of serious injuries or fatalities persists. Ranked fourth on the United States Bureau of Labor Statistics’ list of occupations with the most fatality rates, construction workers put their lives in danger each time they step onto the jobsite. Considering this risk, it’s important for every team member—from subcontractors to superintendents—to take responsibility for safety compliance, empowering their workforce to take ownership of their own actions and hold others accountable for theirs. To help enhance safety efforts from start to completion, safety leaders are focusing on ways to implement safety standards within each component of a building’s design. Although this approach requires more comprehensive planning and strategizing on the front end, it is intended to reduce and mitigate hazards before they become larger issues. Keeping this idea in mind, here are a few actionable methods for managing projects designed around safety compliance. ASSESS FIRST No two jobsites are the same. From crowded pedestrian walkways to dangerous existing infrastructure, each project requires specific layouts, materials and processes to be fully functional both during and after construction. Given the unique nature of each site, a detailed risk assessment must be conducted before any other design and/or building activities begin. During this initial assessment, careful consideration should be placed on the overall flow as it relates to the people, processes and equipment located on or near the construction site. Reprinted courtesy of Ethan Harris, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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