Fairfield Connecticut Building Expert Directory

Why Construction Law- An Update

May 07, 2015 — Christopher G. Hill – Construction Law Musings
Back in 2009, only a year or so after my first post here at Musings, I posted on why I’m in the field of construction law. Well, a lot has happened in the over 5 years since then, not the least of which is my move to solo practice in July of 2010 and the later certification as a mediator. As I sit here, I look back at the passage of time and the events between my last thoughts on this subject and now and wonder if my thoughts have changed? Frankly, not much has changed as far as my attitude toward the practice of construction law. Despite my kids occasionally rolling their eyes when I talk about a case of interest to me and their sometimes moniker for me as a “dirt lawyer,” I continue to find the representation of the construction professionals that I call clients and friends to be fulfilling and worthwhile. Even in the face of criticisms that we lawyers cause more problems that we solve, I firmly believe that I and other good construction lawyers can and do help avoid and anticipate more problems than I cause. As one of the few solo construction attorneys here in the Richmond area, if anything, I am more involved in the construction community. Between my continued and even increased involvement with the AGC of Virginia and my more recent appointment to the board of the Virginia State Bar‘s Construction Law and Public Contracts Section, I have gained even more insight into the workings of the legal and business landscapes of construction. With each new piece of information gained by such involvement, I see another side to the business of construction that I may not have thought of. Read the court decision
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Reprinted courtesy of Christopher G. Hill, Construction Law Musings
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Hunton Insurance Partner Syed Ahmad Named to Benchmark Litigation’s 2019 40 & Under Hot List

October 14, 2019 — Michael S. Levine & David M. Costello - Hunton Insurance Recovery Blog
Benchmark Litigation has named Syed Ahmad, a partner in Hunton Andrews Kurth’s Insurance Coverage practice, to the publication’s 40 & Under Hot List. Benchmark Litigation is the definitive guide to America’s leading litigation firms and attorneys. The 40 & Under Hot List honors the most notable up-and-coming litigation attorneys in the United States. Those named to the list have proven their eligibility as individuals at the partner level of their respective firms who are 40 years of age or younger. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and David Costello, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Read the court decision
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California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different, Special Even

April 20, 2017 — Garret Murai - California Construction Law Blog
Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a winning bidder who failed to pay its workers prevailing wages, under the business tort of intentional interference with prospective economic advantage. Fast forward nearly two years, several amicus briefs, and “one doghouse”* later and the California Supreme Court has . . . reversed. The Roy Allan Slurry Seal Case To catch you up, or rather, refresh your recollection . . . Between 2009 and 2012, American Asphalt South, Inc. was awarded 23 public works contracts totaling more than $14.6 million throughout Los Angeles, Orange, San Bernardino and San Diego counties. Two of the losing bidders on those projects – Roy Allan Slurry Seal, Inc. and Doug Martin Contracting, Inc. – sued American in each of these counties for intentional interference with prospective economic advantage as well as under the Unfair Practices Act (“UPA”) (Bus. & Prof. Code §§ 17000 et seq.) and the Unfair Competition Law (“UCL”) (Bus. & Prof. Code §17200). Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Fannie-Freddie Elimination Model in Apartments: Mortgages

April 08, 2014 — Sarah Mulholland – Bloomberg
The apartment-lending units of Fannie Mae (FNMA) and Freddie Mac were among their few money makers after the U.S. housing collapse. Now they should help transform the U.S. mortgage industry. Lawmakers seeking to eliminate the two government lenders, which were seized by regulators during the 2008 credit crisis, see an antidote to the reckless lending that blew up the U.S. housing market in the structure of the firms’ multifamily operations, which share risks with lenders. Senate Banking Committee Chairman Tim Johnson and Republican Mike Crapo are proposing legislation to create a new government-backed reinsurer of mortgage bonds that would require private investors to bear losses on the first 10 percent of capital. The model for the provision mirrors Fannie Mae and Freddie Mac (FMCC)’s multifamily lending operations, requiring lenders to shoulder some of the risk on loans they originate. Read the court decision
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Reprinted courtesy of Sarah Mulholland, Bloomberg
Ms. Mulholland may be contacted at smulholland3@bloomberg.net

Accident/Occurrence Requirement Does not Preclude Coverage for Vicarious Liability or Negligent Supervision

June 06, 2018 — Christopher Kendrick & Valerie A. Moore - Haight Brown & Bonesteel, LLP
In Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc. (No. S236765, filed 6/4/18) (L&M), the California Supreme Court ruled that the liability insurance requirement that injury be caused by an “occurrence,” defined as an “accident,” does not preclude coverage of an employer’s independent tort liability for injury deliberately caused by its employee. In L&M, Liberty insured a construction company that contracted to manage a construction project at a middle school in San Bernardino, California. A 13-year-old student subsequently sued the company in state court, alleging that she had been sexually molested by a company employee, Hecht. Among others, she alleged a cause of action for negligent hiring, retention and supervision of the employee. The construction company tendered to Liberty, which defended the employer under a reservation of rights while seeking declaratory relief in federal court. The district court granted summary judgment for Liberty, ruling that the injury was not caused by an “occurrence.” On appeal, the 9th Circuit Court of Appeals certified the question to the California Supreme Court as a matter of state law. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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Building Growth Raises Safety Concerns

November 20, 2013 — CDJ STAFF
With the resurgence of the construction industry, another trend is going up and it’s not good. The workplace fatality rate for the construction industry has increased for the first time since 2006, according to a new report from Marsh Risk Consulting, based on data from the U.S. Bureau of Labor Statistics. The increase to 9.5 deaths per 100,000 workers is attributed to “an influx of new, inexperienced workers” and that “some contractors are stretching their hiring standards to meet project demands.” Read the court decision
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One to Watch: Case Takes on Economic Loss Rule and Professional Duties

June 28, 2011 — Douglas Reiser, Builders Council Blog

According to the Supreme Court of Washington Blog, The Supreme Court heard oral argument in Jackowski v. Hawkins Poe on Thursday, June 16, 2011. The court’s synopsis of the case can be found on the Washington State Court website.

In short, two home purchasers brought a lawsuit against the home’s sellers, the sellers’ agent and the purchasers’ own agent, alleging claims of fraud, fraudulent concealment, negligent misrepresentation and breach of common law and statutory duties. The trial court dismissed the buyers’ claims on the basis of the economic loss doctrine and Division II reversed, opining that the ELR does not apply to professional duties. The Supreme Court will now look at applying the Independent Duty Doctrine established last year, and whether professional duties (those of the real estate agents) should be reviewed under a different light.

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Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at info@reiserlegal.com

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The Power of Planning: Four Key Themes for Mitigating Risk in Construction

November 09, 2020 — Zac Hays - Construction Executive
Construction is, and always has been, known as a relatively risky business. Whether it is dealing with factors that can be controlled or beyond control, proactively managing risk has proven to be of the most critical factors in delivering quality projects faster, more efficiently and with wider margins. Many people assume on-site activities introduce the greatest amount of uncertainty and potential risk. But many mistakes in construction originate in the planning phase – meaning preconstruction is ripe with opportunity to be the most effective place for mitigating risk, saving money and ultimately broadening margins. There are many ways to mitigate risk before projects even start, but four key themes emerge to be clear, repeatable opportunities for success. DIGITIZE THE PLANNING PHASE Preconstruction is where ideas are brought to life by translating architectural designs into a real, constructible plan. Decisions made at this stage can determine the project’s success and profitability – but it’s far from straightforward. Estimating, scheduling and planning are highly complex activities that depend on constantly changing details and are all areas where missed information or miscommunication can lead to costly rework down the line. Reprinted courtesy of Zac Hays, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES