Fairfield Connecticut Building Expert Directory

Attorneys’ Fees and the American Arbitration Association Rule

September 09, 2024 — Bill Wilson - Construction Law Zone
A common question from clients, when a dispute arises on a construction project, is whether they can recover their attorney’s fees from the other side if they pursue a case and win. More often than not, such fees are not recoverable. As a general rule (commonly known as the “American Rule”), each party to a dispute must bear their own attorney’s fees unless there is some statutory provision or contractual agreement between the parties allowing otherwise. Since most construction disputes involve claims for breach of contract and/or negligence, no realistic statutory provision often allows for attorney’s fees. Many construction contracts do not typically provide a prevailing party the right to collect attorney’s fees from the other side. However, even if the American Rule applies, there may be another path to recovering attorney’s fees if the parties agree to arbitrate their dispute under the American Arbitration Association (AAA) rules. Reprinted courtesy of Bill Wilson, Robinson & Cole LLP Mr. Wilson may be contacted at wwilson@rc.com Read the full story... Read the court decision
Read the full story...
Reprinted courtesy of

Brazil Builder Bondholders Burned by Bribery Allegations

October 22, 2014 — Paula Sambo and Sabrina Valle – Bloomberg
Brazil’s biggest construction companies are leaving bondholders with losses in the wake of allegations they bribed Petroleo Brasileiro SA to win contracts. Queiroz Galvao SA’s $700 million of notes due 2019 have dropped 2.5 percent since Oct. 9, when the Department of Justice made available video in which former Petrobras head of refining Paulo Roberto Costa alleged that builders formed a cartel to overcharge for projects and divert money to politicians. OAS SA’s $875 million of 2019 notes have slumped 1.9 percent in that span, versus a 0.1 percent loss for emerging markets. Ms. Sambo may be contacted at psambo@bloomberg.net; Ms. Valle may be contacted at svalle@bloomberg.net Read the court decision
Read the full story...
Reprinted courtesy of Paula Sambo and Sabrina Valle, Bloomberg

The Future of High-Rise is Localized and Responsive

August 26, 2019 — Aarni Heiskanen - AEC Business
By 2050, 70 percent of world’s population of almost 10 billion people will live in urban areas. The presenters at the High Rise – Northern Exposure seminar envisioned how high-rise construction will meet the requirements of urbanization, and what technologies have to offer to builders and users today. A line-up of high-rise specialists shared their insights with a keen audience in Otaniemi, Finland, on June 25, 2019. The conference was a co-operation between The Glass Performance Days (GPD) 2019, Aalto University, and the Glass Innovation Institute. Peter Smithson of BG&E Facades and Kimmo Lintula of Aalto University co-hosted the event. After welcoming words from Jorma Vitkala, the chairman of GDP, the first four presentations were by architects; one from the USA, two from Finland, and one from Australia. Read the court decision
Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

HB24-1014: A Warning Bell for Colorado Businesses Amid Potential Consumer Protection Changes

February 26, 2024 — Jennifer Brockel - Colorado Construction Litigation Blog
HB24-1014 stands to eliminate the longstanding public impact requirement found within C.R.S. § 6-1-105(2) of the Colorado Consumer Protection Act (“CCPA”). While this proposed change professes the noblest intentions of “public peace, health or safety,” its effect portends a large detriment to Colorado business and an astronomical payday for Colorado plaintiffs’ attorneys. Brief History For over 100 years, Colorado recognized the need to protect its citizens from deceptive trade practices through a mechanism akin to the Federal Trade Commission Act that preceded it. In 1915, Colorado passed legislation prohibiting “untrue, deceptive, or misleading” advertising. C.L. 1921 § 6942 evolved into the broader protections afforded in the more recent consumer protection law from 1969 that prohibited “deceptive trade practices, and included protections from unfair, unconscionable, and deceptive acts or practices.” Read the court decision
Read the full story...
Reprinted courtesy of Jennifer Brockel, Higgins, Hopkins, McLain & Roswell, LLC
Ms. Brockel may be contacted at brockel@hhmrlaw.com

Congress to be Discussing Housing

June 11, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Housing Wire, several housing discussions will be taking place in Washington D. C. soon. Investors Unite on Solutions for U.S. Housing Policy hosts the first forum, which will be followed by a presentation by Joshua Rosner, author of Reckless Endangerment. Rosner will speak on “how to move forward on housing reform and what are the consequences of getting housing reform wrong.” Furthermore, “he will critique the recent efforts in Congress to reform Fannie Mae and Freddie Mac.” Read the court decision
Read the full story...
Reprinted courtesy of

Alleging Property Damage in Construction Defect Lawsuit

September 14, 2020 — David Adelstein - Florida Construction Legal Updates
When there is a construction defect lawsuit, there is an insurance coverage issue or consideration. As I have said repeatedly in other articles, it is all about maximizing insurance coverage regardless of whether you are the plaintiff prosecuting the construction defect claim or the contractor(s) alleged to have committed the construction defect and property damage. It is about triggering first, the insurer’s duty to defend, and second, the insurer’s duty to indemnify its insured for the property damage. The construction defect claim and lawsuit begins with how the claim and, then, lawsuit is couched knowing that the duty to defend is triggered by allegations in the lawsuit (complaint). Thus, preparing the lawsuit (complaint) is vital to maximize the insurer’s duty to defend its insured. In a recent opinion out of the Eleventh Circuit, Southern-Owners Ins. Co. v. MAC Contractors of Florida, LLC, 2020 WL 4345199 (11th Cir. 2020), a general contractor was sued for construction defects in the construction of a custom home. A dispute arose pre-completion and the owner hired another contractor to complete the house and remediate construction defects. The contractor’s CGL insurer originally provided a defense to the general contractor but then withdrew the defense and filed an action for declaratory relief asking for the declaration that it had no duty to defend the contractor because the underlying lawsuit did NOT allege property damage. The trial court agreed with the contractor and granted summary judgment in its favor finding that the underlying complaint did not allege property damage beyond defective work. But, on appeal, the Eleventh Circuit reversed. Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Elon Musk's Boring Co. Is Feuding With Texas Over a Driveway

July 25, 2022 — Sarah McBride - Bloomberg
While Elon Musk is publicly making a big deal about moving to Texas and cozying up to the governor, behind the scenes his tunnel-building venture, Boring Co., is wrangling with local authorities in the state over a host of seemingly mundane permitting issues. Since Boring bought land last May to create a research and development center in Bastrop, Texas, a rural area outside Austin, the company has put workers up on mobile homes at the site without authorized sewage facilities, failed to get air and stormwater permits and built a driveway without first getting official approval, according to documents obtained by Bloomberg News through a public records request. The company’s dealings with Bastrop are yet another illustration of how Musk’s businesses often push the boundaries of or simply ignore regulations that bind other companies. In recent years his Tesla Inc. restarted production at its Fremont plant in defiance of pandemic rules to stay closed, Boring tried to build a tunnel in Los Angeles without going through an environmental review process and the US Securities and Exchange Commission is examining the disclosure of Musk’s stake in Twitter Inc. Read the court decision
Read the full story...
Reprinted courtesy of Sarah McBride, Bloomberg

Top Five Legal Mistakes in Construction

April 04, 2022 — Jonathan A. Cass, Nicholas F. Morello & John A. Greenhall - Construction Executive
Many contractors repeatedly make the same mistakes in negotiating contracts. Here are the most common mistakes contractors make—and how they can be avoided. 1. Not Being Careful With Force Majeure Clauses To protect themselves from liability in the event of unforeseen circumstances like fires, floods, wars, unusual delays in deliveries, strikes, pandemics or acts of God, contractors should ensure their contracts contain robust force majeure provisions. These provisions state that in the event of any extenuating circumstances outside of its control, the contractor is not liable for any damages that result from a delay to the project completion date and is entitled to a time extension. This clause has been critical in addressing COVID-19-related disruptions and the current material shortages. Contractors should be wary, however, of “no damage-for-delay” language, which often appears in conjunction with these clauses. Reprinted courtesy of Jonathan A. Cass, Nicholas F. Morello and John A. Greenhall, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Cass may be contacted at jcass@cohenseglias.com Mr. Greenhall may be contacted at jgreenhall@cohenseglias.com Mr. Morello may be contacted at nmorello@cohenseglias.com Read the court decision
Read the full story...
Reprinted courtesy of

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES