Fairfield Connecticut Building Expert Directory

Shoring of Problem Girders at Salesforce Transit Center Taking Longer than Expected

November 14, 2018 — Nadine M. Post - Engineering News-Record
The Transbay Joint Powers Authority announced on Oct. 10 that emergency remedial work at the 4.5-block-long Salesforce Transit Center in San Francisco, on the closed Fremont Street between Howard and Mission streets, will continue into early next week. The block, which crosses under the hub, will reopen to traffic and the public on Wednesday, Oct. 17, rather than Oct. 12, as previously announced, says TJPA. The transit center itself, which opened in August, is temporarily closed. Read the court decision
Read the full story...
Reprinted courtesy of Nadine M. Post, ENR
Ms. Post may be contacted at postn@enr.com

Did the Court of Appeals Just Raise the Bar for California Contractors to Self-Report Construction-Related Judgments?

June 10, 2015 — Garret Murai – California Construction Law Blog
An interesting construction case just came out from the California Court of Appeals for the Second District this past month – Pacific Caisson & Shoring, Inc. v. Bernards Bros., Inc., California Court of Appeals for the Second District, Case No. B248320 (May 19, 2015) – which discusses a number of intertwining issues that can be faced by contractors in California and concludes with a result that I’m not sure I quite agree with. Among the issues discussed by the Court of Appeal were:

The application of the dreaded Business and Professions Code section 7031 which: (1) precludes a contractor from making a claim for payment for work performed; and (2) requires a contractor to disgorge all monies received for work performed, if the contractor was not properly licensed at all times that work was performed;
The impact of an unsatisfied judgment against one contractor on the license of another “related” contractor; and
Whether a stipulated judgment providing for payments over time is an unsatisfied final judgment under the Licensing Law.

Read the court decision
Read the full story...
Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Courts Will Not Rewrite Your Post-Loss Property Insurance Obligations

June 14, 2021 — David Adelstein - Florida Construction Legal Updates
In the preceding posting, I wrote about making sure you comply with your property insurance policy’s post-loss policy obligations. By failing to comply, you can render your policy ineffective meaning you are forfeiting otherwise valid insurance coverage, which was the situation discussed in the preceding posting. As an insured, you should never want this to occur! In another case, discussed here, the property insurance policy had a preferred contractor endorsement. This means that instead of paying the insured insurance proceeds, the insurer could perform the repairs with its preferred contractor. Typically, the insured will pay a discount on their premium for this preferred contractor endorsement. The insurer elected to move forward with the repairs based on the preferred contractor endorsement but the insured performed the repairs on his own and then sold the house. By doing this, the appellate court held the insured rendered his policy ineffective by breaching his own policy (and failing to allow this post-loss obligation to take place). The explicit terms of the policy allowed the insurer to perform the repairs instead of paying the insured insurance proceeds. The court could NOT rewrite the post-loss obligations in the policy by requiring the insurer to pay insurance proceeds when the insurer, per the preferred contractor endorsement, elected to perform the repairs. 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

Forget the Apple Watch. Apple’s Next Biggest Thing Isn’t for Sale

May 20, 2015 — Garret Murai – California Construction Law Blog
Apple released its much anticipated Apple Watch this past month. The Apple Watch is significant for Apple, not only because its profit and loss statement has a lot riding on it, but because it’s the company’s first foray into consumer “wearables.” This isn’t the first time the Cupertino company has ventured into new areas, through. Since its first consumer product, the Apple I, was released in 1976, Apple has gone from personal computers – and its iterations, including, desktops, laptops and tablets – to music players, cell phones and now watches. Today, Apple is less a computer company than a consumer electronics company, and even that doesn’t quite seem to go far enough, as it has become a lifestyle brand for many. Comparisons can be drawn to Sony during the mid-1980s when everyone aspired to a home filled with Sony televisions, Sony receivers and Sony Walkmans. Part of Apple’s success is that it sells a lifestyle that transcends its products, in which a glossy, sophisticated minimalism and simplicity, are among its most recognizable characteristics. It goes beyond their products, and is embodied in their advertising, their online and retail stores, and their packaging. And while the Apple Watch may be Apple’s latest “big” thing, I think something even bigger is underfoot at Apple, and it’s something you can’t buy. Read the court decision
Read the full story...
Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Points on Negotiating Construction Claims

December 30, 2013 — CDJ STAFF
Eugene Heady of Smith Currie and Hancock offers some pointers on the effective negotiation of construction claims. He notes that “claims and disputes in the construction industry are commonplace,” but that “settlement usually comes after much pain, suffering, and expense.” He offers nine points to consider when negotiating construction claims. His first two points are to develop a claim position and then document that claim. He says that “the facts underlying the claim should be nonnegotiable.” The documentation “suggests to your opponent that you have done your homework and are serious about the pursuit of your claim.” He also notes that you need to understand the strengths and weaknesses of your position. On the other side, you need to “understand your opponent’s positions,” and also “your opponent’s strengths.” He points out that “an appreciation for what is truly important to your opponent is the starting point for the development of creative solutions to the dispute. Further, bargaining should be done in good faith, negotiation should be done on the merits, and you are well advised to “choose a seasoned and skilful negotiator. “A prolonged and expensive legal battle is not likely to change the outcome,” he warns. Read the court decision
Read the full story...
Reprinted courtesy of

South Africa Wants Payment From Colluding World Cup Builders

July 23, 2014 — Kamlesh Bhuckory and Mike Cohen – Bloomberg
South Africa’s government is putting pressure on construction companies to make further payments as punishment for rigging contracts to build stadiums for the 2010 FIFA Soccer World Cup and other projects. Antitrust authorities fined 15 builders, including Murray & Roberts Holdings Ltd. (MUR) and Aveng Ltd., a total of 1.5 billion rand ($141 million) in June 2013, after a probe that spanned almost four years found they colluded to drive up prices. “The 1.5 billion rand in penalties is not the end of the story with the construction industry,” Economic Development Minister Ebrahim Patel told lawmakers in Cape Town today. “We are now in discussion with the construction industry on a restitution package for their collusion and price fixing.” Mr. Bhuckory may be contacted at kbhuckory@bloomberg.net; Mr. Cohen may be contacted at mcohen21@bloomberg.net Read the court decision
Read the full story...
Reprinted courtesy of Kamlesh Bhuckory and Mike Cohen, Bloomberg

But Wait There’s More: Preserving Claims on Commonwealth Projects

February 07, 2018 — Wally Zimolong - Supplemental Conditions Blog
On construction projects owned by the Commonwealth of Pennsylvania, a contractor may make a claim with the Board of Claims. But first, you must be aware of two limitations periods that could cause you to waive your claim if they are not met. Read the court decision
Read the full story...
Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

eRent: Construction Efficiency Using Principles of the Sharing Economy

November 06, 2018 — Aarni Heiskanen - AEC Business
eRent has developed a digital equipment management portal for construction equipment. At the very heart of the concept lies the resource efficiency that can be achieved using principles of the sharing economy. Olli Aaltonen, CEO of eRent Solutions, is confident about the platform his company has created: “Besides offering a digital solution to a rather inefficient workflow in the construction business, we are also introducing a way to track and manage your construction equipment, whether it is owned, rented, or leased. The cost savings are obvious we believe our tracking feature brings our customers even more value.” 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

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES