Fairfield Connecticut Building Expert Directory

Pallonji Mistry, Indian Billionaire Caught in Tata Feud, Dies at 93

August 15, 2022 — Bhuma Shrivastava - Bloomberg
Pallonji Mistry, the Indian-born billionaire whose engineering empire built luxury hotels, stadiums, palaces and factories across Asia and whose family’s epic showdown with the Tata Group sparked India’s biggest corporate feud, has passed away in Mumbai. He was 93. A company spokesperson confirmed the death of the Indian tycoon after social media posts on the news spread. Mistry and his family control the Shapoorji Pallonji Group, which started more than 150 years ago and today employs more than 50,000 people in over 50 countries, according to its website. Its landmark projects include the Reserve Bank of India and the Oberoi Hotel in Mumbai and the blue-and-gold Al Alam palace for the Sultan of Oman. Read the court decision
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Reprinted courtesy of Bhuma Shrivastava, Bloomberg

Be Careful When Walking Off of a Construction Project

November 24, 2019 — Christopher G. Hill - Construction Law Musings
I am truly grateful that my buddy Craig Martin (@craigmartin_jd) continues his great posts over at The Construction Contractor Advisor blog. He is always a good cure for writer’s block and once again this week he gave me some inspiration. In his most recent post, Craig discusses a recent Indiana case relating to the ever present issue of termination by a subcontractor for non-payment. In the Indiana case, the court looked at the payment terms and determined that the subcontractor was justified in walking from the project when it was not paid after 60 days per the contract. This result was the correct, if surprising. Why do I say surprising? Because I am always reluctant to recommend that a subcontractor walk from a job for non payment if it is possible to continue. This is not so much for legal reasons (not paying a sub is a clear breach of contract by a general contractor) but practical ones. The practical effect of walking from the job is that the subcontractor is put on the defensive. Instead of arguing later that it performed but was not paid, that subcontractor is put in the position of arguing that the general contractor cannot collect its completion related and other damages because it breached first. This is a more intuitively difficult argument and one that is not as strong as the first. Of course, all of this is contingent on the language in your contract (is there a “pay if paid” or language like that in the Indiana case?). 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

Yet Another Reminder that Tort and Contract Don’t Mix

January 25, 2021 — Christopher G. Hill - Construction Law Musings
I have stated on numerous occasions here at Musings that in Virginia, contract claims and tort claims (read fraud) don’t mix. A recent case from the Federal District Court for the Eastern District of Virginia presents another example of this principle. In Itility LLC v. The Staffing Resource Group, Judge Ellis of the Alexandria Division, considered ITility’s claims of fraud and breach of contract against SRG and one of its officers based upon SRG’s alleged violation of its duties under a teaming agreement. The claim by ITility was that TSRG provided false and misleading resumes and thus damaged ITility. SRG filed a Motion to Dismiss and the Court was therefore required to resolve the following issues: (1) whether plaintiff’s fraud claim is barred by Virginia’s “source of duty” rule; (2) whether plaintiff’s claim for tortious interference with a business expectancy is barred by SRG’s participation in the business expectancy, and (3) whether the teaming agreement between the parties bars plaintiff’s claims for consequential and punitive damages. Reprinted courtesy of The Law Office of Christopher G. Hill Mr. Hill may be contacted at chrisghill@constructionlawva.com Read the full story... Read the court decision
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MGM Seeks to Demolish Harmon Towers

September 01, 2011 — CDJ STAFF

Citing public safety concerns and the cost of repair, MGM Resorts International is seeking to demolish the unfinished hotel tower. The company has a few hurdles to go through before they start laying the charges to implode the structure. Any plans would have to be approved by not only Clark County officials, but also the district court has an order blocking any activity during litigation between MGM and the general contractor on the project, Perini Building Company.

Architectural Record reports that MGM states it would take “approximately 18 months to conduct test and come up with an approved, permitted design to fix the Harmon.” MGM feels that repairs would then take another two to three years. Perini contends that they could “provide stamped drawings detailing all necessary repairs within three months.” They attribute MGM’s desire to demolish the building as “buyer’s remorse.”

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Malerie Anderson Named to D Magazine’s 2023 Best Lawyers Under 40

January 17, 2023 — Malerie Anderson - Lewis Brisbois Newsroom
Dallas, Texas (January 12, 2023) - Dallas Partner Malerie T. Anderson has been named to D Magazine’s 2023 Best Lawyers Under 40 list for Business/Commercial Litigation. This is her second year appearing on this list. According to D Magazine, the attorneys on its Best Lawyers Under 40 list are representative of up-and-coming attorneys in Dallas, who are nominated by their peers outside their own firm. The magazine asks nominating lawyers to think about “which lawyers under 40, of those whose work you have witnessed firsthand, would you rank among the current best?” Ms. Anderson regularly advises business entities, real estate brokers, and licensed real estate agents to prevent litigation and defends against claims of all kinds, including breach of fiduciary duty and breach of contract claims. Her experience handling various disputes has led her to work closely with clients to develop and implement procedures to avoid future litigation. Read the court decision
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Reprinted courtesy of Malerie Anderson, Lewis Brisbois
Ms. Anderson may be contacted at Malerie.Anderson@lewisbrisbois.com

A Reminder to Get Your Contractor’s License in Virginia

April 25, 2023 — Christopher G. Hill - Construction Law Musings
How are ducks and contractors alike? A question I get often, particularly from construction contractors outside of Virginia is whether they need to get a Virginia contractor’s license. The answer is almost invariably “yes.” The next question is why? The answer is almost always “Because state law says so.” With some minor exceptions for material suppliers and the like, Virginia law requires that all of those that perform construction for others carry the proper license and specialization for the work performed. There is no exception for the proverbial “paper contractor” that takes money from an owner and subcontracts all of the actual physical work. It does not matter if you use a different term for what you do for the owner. If it walks like a duck and quacks like a duck. . .its a duck. If you take money to perform construction, you’re a contractor. Some of the consequences of contracting without a license (aside from possible criminal charges) include among other things, the inability to perfect a mechanic’s lien under Va. Code 43-3(D) and, with minor exceptions, the ability to enforce a contract (meaning it really hurts your ability to get paid). 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

After Elections, Infrastructure Talk Stirs Again

December 04, 2018 — Tom Ichniowski - Engineering News-Record
In the wake of Democrats’ House takeover and Republicans widening their Senate majority in the midterm elections, talk has quickly revived about taking on infrastructure legislation in the new Congress. Construction industry officials welcome the pro-infrastructure rhetoric from congressional leaders and President Trump. But it remains to be seen whether the words will spark a bill that can make it through a divided 116th Congress. Funding the package remains the high hurdle. Read the court decision
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Reprinted courtesy of Tom Ichniowski, ENR
Mr. Ichniowski may be contacted at ichniowskit@enr.com

ABC Announces Disaster Relief Efforts and Resources Following Hurricane Milton

October 15, 2024 — ABC - Construction Executive
HURRICANE RELIEF Florida, Georgia, South Carolina, North Carolina, Virginia and Tennessee were hit with Hurricane Helene, and now Florida is facing additional damage from Hurricane Milton, which is expected to make landfall on Wednesday, Oct. 9. Damages from Helene have already been catastrophic, and our hearts and prayers go out to all currently affected and those who may be in the path of Milton. Florida Gov. DeSantis has declared a state of emergency for 51 counties ahead of this impending storm. Donate to the ABC Cares Foundation via the online portal. The ABC Florida East Coast chapter and the ABC Cares Foundation Inc. are committed to assisting communities impacted by Hurricanes Helene and Milton. 100% of donations made to the ABC Cares Foundation—an IRS 501(c)(3)—for this purpose will be restricted, directly supporting regional needs, and are 100% tax deductible. Donate to the American Red Cross through ABC’s donation portal. Your Red Cross disaster relief gift will help people whose lives have been upended by wildfires, storms, floods and countless other crises. This custom website tracks donations by the ABC community and can be dedicated to a friend or loved one. Donate Reprinted courtesy of ABC, 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