Fairfield Connecticut Building Expert Directory

Mortgage Battle Flares as U.K. Homebuying Loses Allure

January 28, 2015 — Neil Callanan and Richard Partington – Bloomberg
U.K. banks, which spent six years repairing their balance sheets after the 2008 property crash, want to advance more credit to homebuyers. Borrowers aren’t as enthusiastic. Cheap funding costs and low default rates have made homebuyers attractive to lenders in recent years, boosting returns for companies such as Nationwide Building Society and Lloyds Banking Group Plc. (LLOY) Now, with demand for property cooling, they’re having to fight harder for business. Interest rates on the most popular mortgages fell to record lows in December, according to the Bank of England. Mr. Callanan may be contacted at ncallanan@bloomberg.net; Mr. Partington may be contacted at rpartington@bloomberg.net Read the court decision
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Reprinted courtesy of Neil Callanan and Richard Partington, Bloomberg

Supply Chain Delay Recommendations

August 07, 2022 — Denise Motta - Gordon & Rees Construction Law Blog
This Bulletin provides guidance to contractors, subcontractors, suppliers, and others to ensure compliance with contractual change order requirements in the event work on a construction project is impacted by supply chain delays. Contract Protection Tips: The construction industry is being impacted substantially by inability to obtain necessary construction products due to supply chain issues. Most construction contracts do not accommodate time extensions due to supply chain impacts. To address this gap in contract terms, we recommend including language such as: “lack of or failure of or other inability to obtain necessary transportation, fuel, power, materials, machinery, equipment or facilities, delays caused by other contractors, subcontractors or their subcontractors of any tier, or any materialmen or suppliers” as part of the defined force majeure event under the contract. This provision can be included in the Change Order section of the contract as well by including a provision such as: “If the Work is delayed by the failure of or other inability to obtain necessary transportation, fuel, power, materials, machinery, equipment or facilities, delays caused by other contractors, subcontractors or their subcontractors of any tier, or any materialmen or suppliers, contractor shall be entitled to a change order for its costs and time associated with the delay.” Read the court decision
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Reprinted courtesy of Denise Motta, Gordon Rees Scully Mansukhani, LLP
Ms. Motta may be contacted at dmotta@grsm.com

How VR and AR Will Help in Remote Expert Assistance

June 10, 2019 — Aarni Heiskanen - AEC Business
The speed and quality of maintenance and repair are critical in the modern, technology-packed built environment. Consequently, these were considered in an experimental project that tested how remote expert assistance using VR and AR technologies could help improve the productivity of field service. I’m in a hall overlooking white mountain tops. It’s snowing. In front of me stands an avatar that explains to me what we can do together in this virtual space. He jumps away but I can still hear his voice from behind me. He fetches a chair and hands it to me. I grab it and inspect it. The next moment, a video starts playing on the wall. Later, my host shows me how to draw in three dimensions, how to make sticky notes, how to share a PC desktop, and how to use other collaboration tools. This experience took place at FAKE Production, a Helsinki-based digital image, animation, and VR/AR studio. With VR glasses and hand-held controllers, I had tried out Glue, their universal collaboration platform. This is a soon-to-be-released service that you can use with VR/AR gear and on mobile and desktop devices. Glue is also one of the solutions tested in an experimental project called Expert assistance using VR and AR glasses. In this project, Sovelto, a Finnish educational company, wanted to explore the possibilities of using VR and AR solutions for field service. Over ten organizations took part in the project, which received funding from KIRA-digi, the national built environment digitalization program. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Is Your Construction Business Feeling the Effects of the Final DBA Rule?

June 04, 2024 — Nathaniel Peniston - Construction Executive
The Biden administration’s final rule “Updating the Davis-Bacon and Related Acts Regulations” took effect on Oct. 23, 2023. In “the first comprehensive regulatory review in nearly 40 years,” the Department of Labor has returned to the definition of “prevailing wage” it used from 1935 to 1983—before Microsoft released the first Windows operating system. Construction industry leaders must be aware that this is the most comprehensive review and overhaul of the act in 40 years; with it, the DOL has attempted to modernize its approach to wage creation and fringe benefit allocation. There are more than 50 procedural changes to the act, which means it is very important for contractors to be aware of wage classifications when bidding, performing work on Davis-Bacon Act projects and using applicable fringe dollars for bona fide benefits. UNDERSTANDING THE CHANGES Some of the critical adjustments included in the final rule that contractors should be aware of include: Wage determination changes during a project: Historically, contractors could rely on the wage determinations used to win a project for the life of the project. However, the final rule now requires the contractor to use current wage determinations when a contract is changed or extended. The DOL “proposed this change because—like a new contract—the exercise of an option requires the incorporation of the most current wage determination.” Reprinted courtesy of Nathaniel Peniston, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Peniston may be contacted at npeniston@fbg.com

Utah’s Highest Court Holds That Plaintiffs Must Properly Commence an Action to Rely on the Relation-Back Doctrine to Overcome the Statute of Repose

August 20, 2018 — Shannon M. Warren - The Subrogation Strategist
Earlier this summer, in Gables & Villas at River Oaks Homeowners Ass’n v. Castlewood Builders LLC, 2018 UT 28, the Supreme Court of Utah addressed the question of whether the plaintiff’s construction defects claims against the general contractor for a construction project were timely-filed, or barred by the statute of repose. In Utah, the statute of repose requires that an action be “commenced within six years of the date of completion.” The plaintiff alleged that its 2014 amended complaint naming the general contractor as a defendant was timely-commenced because, before the date on which Utah’s statute of repose ran, a defendant filed a motion to amend its third-party complaint to name the general contractor as a defendant, and the defendant subsequently assigned its claims to the plaintiff. The plaintiff argued that the filing of its 2014 amended complaint related back[1] to the date of its original complaint. The Supreme Court disagreed, holding that an action is “commenced” by filing a complaint and that a motion for leave to amend does not count as “commencing” an action. Read the court decision
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Reprinted courtesy of Shannon M. Warren, White and Williams LLP
Ms. Warren may be contacted at warrens@whiteandwilliams.com

Appellate Court of Maryland Construes Notice Conditions of A312 Performance Bond in Favor of Surety

January 02, 2024 — Joel P. Williams - White and Williams LLP
The Appellate Court of Maryland issued a reported opinion in a case construing an American Institute of Architects (“AIA”) A312 performance bond. In Wildewood Operating Company, LLC v. WRV Holdings, LLC, et al. 2023 Md. App. LEXIS 720 (Oct. 30, 2023), the Appellate Court of Maryland held that a performance bond surety was discharged from liability where the owner/obligee failed to give the surety notice of the contractor’s default termination until after a third party had completed the work. The project concerned the construction of an assisted living facility in St. Mary’s County, Maryland. The owner, Wildewood Operating Company, LLC, entered into an A312-2010 performance bond with Clark Turner Construction, LLC, as contractor, and First Indemnity of America Insurance Company, as surety. When Clark Turner failed to complete certain stormwater management work adjacent to the site, Wildewood, Clark Turner, and other parties entered into a Work Agreement to address completion of the work. The surety was not a party to the Work Agreement. Read the court decision
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Reprinted courtesy of Joel P. Williams, White and Williams LLP
Mr. Williams may be contacted at williamsj@whiteandwilliams.com

Coverage Denied Where Occurrence Takes Place Outside Coverage Territory

December 11, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The court held there was no coverage for construction defect claims that occurred outside the coverage territory. Foremost Signature Ins. Co. v. Silverboys, 2018 U.S. Dist. LEXIS 154524 (S.D. Fla. Sept. 11, 2018). Solo Design, LLC, a Miami-based design company, entered into a contract with Silverboys, LLC (Owner) to provide interior design services in conjunction with the renovation of the Owner's vacation home in the Bahamas. Solo retained Whittingham, a Bahamian architect, as a subcontractor to serve as project manager. Owner sued Solo, Whittingham and others in Florida for breach of contract, fraud, conversion and negligence when the project did not go as planned. The underlying complaint alleged intentional misconduct, lying about qualifications and the progress of the project, submitting false invoices, requesting money for services that were not performed, etc. Owner alleged that the damages included: (a) the cost to repair substandard work; (b) loss of use of the home due to delay; and (c) overcharges for furnishings, contract fees, and expenses. The underlying complaint set forth only a few instances of physical injury to the home, including mold on the ceiling in the master shower, faulty millwork on the children's playroom bookshelf, and a defective front door and resysta facade. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

How Robotics Can Improve Construction and Demolition Waste Sorting

September 11, 2023 — Emily Newton - Construction Executive
Commercial construction projects generate a lot of waste. Managing this debris is crucial to minimizing the industry’s environmental impact, but it’s often a time-consuming and error-prone process. Robotic waste sorting provides a better alternative. Why C&D Waste Management Must Improve The current state of construction and demolition (C&D) debris management leaves considerable room for improvement. Nearly all C&D waste takes decades to break down in landfills—and the sector generates hundreds of millions of tons of it annually. More efficient debris management would help firms protect the environment and their bottom line. Poor waste management practices also take an economic toll. Recycling extends materials’ useful life, helping minimize resource costs. Inefficient waste sorting may additionally lead to unnecessarily high workforce expenses and incur lost business from firms’ lack of sustainability. Reprinted courtesy of Emily Newton, 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