Fairfield Connecticut Building Expert Directory

Forensic Team Finds Fault with Concrete Slabs in Oroville Dam Failure

September 14, 2017 — Greg Aragon - Engineering News-Record
Weathered and weakened portions of concrete contributed to the Oroville Dam's spillway failing last February, causing panic and mass evacuations in Northern California. This was part of the findings by an Independent Forensic Team (IFT), appointed by the California Department of Water Resources (DWR). Read the court decision
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Reprinted courtesy of Greg Aragon, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Brazil World Cup Soccer Crisis Deepens With Eighth Worker Death

May 13, 2014 — Tariq Panja – Bloomberg
Brazil’s troubled World Cup staging efforts suffered another setback today following the electrocution death of a worker at one of the stadiums still under construction. Mohammed Ali, 32, was killed while working in the Arena Pantanal in Cuiaba, said Renata Martins, a spokeswoman for the state of Mato Grosso, where the venue is located. Ali’s death is the eighth construction related fatality at Brazil’s 12 World Cup venues and comes 35 days before the tournament opens on June 12 in Sao Paulo’s Corinthians Arena, another facility where work remains. The Cuiaba stadium, which will host four games starting with Chile playing Australia on June 13, is still missing 5,000 seats. Read the court decision
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Reprinted courtesy of Tariq Panja, Bloomberg
Mr. Panja may be contacted at tpanja@bloomberg.net

Message from the Chair: Kelsey Funes (Volume I)

November 06, 2023 — Marissa L. Downs - The Dispute Resolver
I am so honored to assume the Division 1 mantle from my friend, Tom Dunn, and look forward to carrying on his good work. For those of you who don’t know me, I’d like to take this opportunity to share a bit about my background. I grew up in New Orleans and went to LSU for undergraduate and law school. (Geaux Tigers!) I started my practice in 1997 at Phelps Dunbar LLP in Baton Rouge, where I still practice today. I manage the litigation group in the Baton Rouge office of the firm. I practice as a construction lawyer full time and serve on the Construction Panel of the American Arbitration Association and serve as a mediator in construction cases. I am married to Dr. Chris Funes (the world’s best pediatrician) and we are the parents to two high schoolers. My son is a high school senior and my daughter is a sophomore. So, when I am not lawyering, I have been spending my time lately touring colleges, prepping for homecoming, and helping to teach my daughter to drive (all very relaxing!!). We also have a very sweet (and very hairy) rescue dog, Maggie, who makes sure we get lots of walks. Read the court decision
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Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP
Ms. Downs may be contacted at mdowns@lauriebrennan.com

ASCE Report Calls for Sweeping Changes to Texas Grid Infrastructure

March 28, 2022 — C.J. Schexnayder - Engineering News-Record
A just-released detailed analysis of the catastrophic 2021 Texas winter storm finds systemic flaws in the state's electric sector contributed to a “cascade of failures” that overwhelmed its power grid and left millions freezing in the dark. Reprinted courtesy of C.J. Schexnayder, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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Eighth Circuit Rejects Retroactive Application of Construction Defect Legislation

September 17, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Eighth Circuit refused to retroactively apply an Arkansas statute establishing coverage for faulty workmanship. J-McDaniel Const. Co., Inc. v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 14911 (8th Cir. Aug. 4, 2014). The homeowners sued J-McDaniel for faulty workmanship in constructing their home. The defective construction work was performed by subcontractors. Mid-Continent refused to defend or indemnify J-McDaniel. The insured sued Mid-Continent. The district court dismissed the claim pursuant to Essex Ins. Co. v. Holder, 261 S.W. 3d 456, 460 (Ark. 2008). In Essex, the Arkansas Supreme Court held that defective workmanship resulting in damages only to the work product itself was not an occurrence. Although The Arkansas legislature overruled Essex by statute, the district court found that the Arkansas case law barred retroactive application of the statute. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Cal/OSHA-Approved Changes to ETS Will Take Effect May 6, 2022

May 16, 2022 — Matthew C. Lewis & Nicole R. Kardassakis - Payne & Fears
A new, third revised version of the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (“ETS”) has been approved by Cal/OSHA, and is expected to go into effect on May 6, 2022. This updated ETS will likely be in effect through Dec. 31, 2022. The language still needs to be reviewed, finalized, and filed with the Secretary of State by the Office of Administrative Law, but a redline of the proposed changes that Cal/OSHA has approved is available here. Much of the previous ETS (which took effect in January 2022, and we discussed here) will remain in effect. But the new version includes some key changes, including the following:

Employers will now have similar obligations toward employees who are fully vaccinated and employees who are not fully vaccinated with respect to testing and face coverings. Employers must make COVID-19 testing available at no cost to all symptomatic employees during the employee’s paid time, regardless of the employee’s vaccination status. Employers also must make respirators available to all employees upon request, again regardless of the employee’s vaccination status.

Reprinted courtesy of Matthew C. Lewis, Payne & Fears and Nicole R. Kardassakis, Payne & Fears Mr. Lewis may be contacted at mcl@paynefears.com Ms. Kardassakis may be contacted at nrk@paynefears.com Read the court decision
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Design Immunity Defense Gets Special Treatment on Summary Judgment

March 29, 2021 — Garret Murai - California Construction Law Blog
This may be one that is more for the lawyers than it is for the contractors or owners. If you’ve ever filed a motion for summary judgment or summary adjudication you know the standard is clear. You’re going to lose if the court finds a disputed issue of material fact. In other words, since summary judgment or summary adjudication is such an extreme remedy – you win without having to go to trial after all – the standard is pretty high. Thus, if there’s a dispute as to a material fact (was the light green or was it red?) it’s enough that the court will deny your motion. That is, unless you’re seeking summary judgment or adjudication on a design immunity defense as the next case, Menges v. Department of Transportation, Case No. G057643 (December 24, 2020), reveals. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Be Careful in Contracting and Business

May 06, 2019 — Christopher G. Hill - Construction Law Musings
After an hour long phone conference with a client, I have had several thoughts, only a few of which I can share here (grin). The first is that my friends and clients in the construction industry are hurting, but need to work with an attorney to assure that the pain is lessened. The second is that more, not less, precision is needed in construction contracting these days. The reason for the first thought is that the construction industry has taken a hit lately. The news is fraught with stories of the economic downturn and its impact on construction. While the money may be hard to part with, all construction professionals should get their contracts and business practices audited regularly to avoid risk and assure, as best as is possible, that they are protected. One place to get such triage is at my firm. If you don’t use me, please use someone else. On the second point, clients need attorney fees provisions, indemnity clauses and to assure that a scope of work is very specifically defined. Wiggle room is not available. In tough economic times. Owners will look for something closer to perfection when money is tight than when money is not. Contractors should also. Your contract is the first line of defense. While no contract can possibly cover every contingency and contracts are only as good as those who sign them when it comes right down to it, a good base contract is the best shield. 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

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES