Fairfield Connecticut Building Expert Directory

Project Team Upgrades Va. General Assembly

September 29, 2021 — Bruce Buckley - Engineering News-Record
From pre-pandemic labor and material shortages to COVID precautions and social unrest concerns, the design and construction team on the Commonwealth of Virginia’s new General Assembly Building (GAB) project in Richmond has navigated the breadth of recent industry challenges. Set on Capitol Square and neighboring the Virginia State Capitol, the site of the new 414,000-sq-ft GAB is as high profile of a location as you can find in the state. Reprinted courtesy of Bruce Buckley, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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Affordable Harlem Housing Allegedly Riddled with Construction Defects

July 09, 2014 — Beverley BevenFlorez-CDJ STAFF
A family in Harlem, New York has demanded that Abyssinian Development Corporation pay $250,000 to fix the construction defects in their newly-purchased townhouse, according to The Daily News. Allegedly, “[i]nterior walls, bamboo-tiled floors and windowsills began to crack shortly after they moved in, and an improperly installed gas boiler system” stopped working, while “rain has caused cellar walls to deteriorate.” The townhouse is part of the “Harlem Village Homes II initiative that offers affordable houses in Harlem to those making below $130,000.” Read the court decision
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General Contractor Cited for Safety Violations after Worker Fatality

September 17, 2015 — Beverley BevenFlorez-CDJ STAFF
The general contractor of Washington’s SR 520 Floating Bridge Project was cited by the Washington Department of Labor & Industries (L&I) “for serious safety violations following the death of worker Joe Arrants in March.” According to EHS Today, “Arrants was killed when he fell approximately 60 feet to the dock below.” EHS Today reported that during the investigation, L&I found that the fall protection systems were not used “in accordance with fall protection standards and the manufacturer’s recommendation during forming and stripping operations.” Furthermore, there was no “lifesaving skiff immediately available,” or “a ring buoy with at least 90 feet of line, which would make rescue difficult if a worker fell into the water,” and the contractor did not ensure that the hand tools and equipment were in good, working condition. Read the court decision
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Tall Mass Timber Buildings Now Possible Under 2021 IBC Code Changes

February 03, 2020 — Kenneth Bland - Construction Executive
The International Code Council (ICC) has approved 17 changes to the 2021 editions of the International Building Code (IBC) and International Fire Code, allowing for mass timber buildings up to 18 stories. With the addition of three new mass timber construction types (Type IV-A, IV-B, and IV-C), this is the first time in the history of the modern building code that significantly new construction types have been added to the code. Building Materials The primary building material that makes tall mass timber (TMT) buildings possible is cross-laminated timber (CLT). CLT is manufactured from dimension lumber (nominal 2x lumber) laid side-by-side or mass plywood panels of a specified width. Laminations of lumber are typically laid perpendicular to each other to form panels of various thicknesses that are bonded together using heat resistant adhesives that cure in large hydraulic presses. CLT commonly consists of an odd number of laminations. These solid wood panels can be anywhere from 6 inches to 20 inches nominal thickness and 60 feet long. Typical CLT panels will be 6 inches to 14 inches nominal thickness. The panels are fabricated off site, transported onto the construction site and assembled in a manner that is efficient and remarkably fast. CLT panels can be used as floor, wall, or roof building elements supported by glued-laminated beams and columns. Reprinted courtesy of Kenneth Bland, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances Existed at Purchase

October 19, 2017 — Nick Wood, Adam Lang, Noel Griemsmann, & Brianna Long – Snell & Wilmer Real Estate Litigation Blog
In Pawn 1st v. City of Phoenix, the Arizona Supreme Court rejected a Court of Appeals rule that would have unduly restrained alienation of property in Arizona. The Court of Appeals found that the City of Phoenix Board of Adjustment acted beyond its authority when it granted an area variance to a pawn shop where the special circumstances causing a need for the variance existed before the pawn shop purchased the property. Under Arizona law, boards of adjustment cannot grant an area variance where the special circumstances requiring the variance are self-imposed. The Court of Appeals adopted a rule that knowledge of special circumstances at the time of purchase made the special circumstances self-imposed, foreclosing the purchaser’s ability to obtain a variance. This rule would have severely restricted property purchasers’ ability to obtain area variances in Arizona and by extension likely strained property transactions. The underlying case involved a pawn shop that was proposed in southeast Phoenix. After the property purchaser obtained approval for a required use permit (for a pawn shop) and a variance (for a 500 foot residential setback) from the City of Phoenix Board of Adjustment, a competing pawn shop filed a special action arguing that the variance was a use variance, not an area variance, beyond the board of adjustment’s authority. Reprinted courtesy of Snell & Wilmer attorneys Nick Wood, Adam Lang, Noel Griemsmann and Brianna Long Mr. Wood may be contacted at nwood@swlaw.com Mr. Lang may be contacted at alang@swlaw.com Mr. Noel may be contacted at ngriemsmann@swlaw.com Ms. Brianna may be contacted at bllong@swlaw.com Read the court decision
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New York Appellate Division Reverses Denial of Landlord’s Additional Insured Tender

December 07, 2020 — Eric D. Suben - Traub Lieberman
In Wesco Insurance Co. v. Travelers Property & Cas. Co. of America, 2020 WL 6572489 (1st Dep’t Nov. 10, 2020), the New York Appellate Division found that a commercial landlord was owed additional insured coverage in connection with an incident in which a plaintiff slipped and fell on the sidewalk while exiting the leased premises. The tenant, Capital One, was the named insured in a CGL policy issued by Travelers. The policy added the landlord as an additional insured, but “only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to [Capital One] and shown in the Schedule.” The lease defined the demised premises to include the building and “all appurtenances.” Travelers denied the landlord’s tender on the basis that the sidewalk did not constitute “that part of the premises leased to” Capital One. In the ensuing declaratory judgment action brought by Wesco (the landlord’s insurer), the court granted Travelers’ motion for summary judgment on this ground. Read the court decision
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Reprinted courtesy of Eric D. Suben, Traub Lieberman
Mr. Suben may be contacted at esuben@tlsslaw.com

Show Me the Money: The Good Faith Dispute Exception to Prompt Payment Penalties

March 13, 2023 — Garret Murai - California Construction Law Blog
California has a number of prompt payment penalty statutes on the books. Among them is Civil Code section 8800 which requires project owners on private works projects to pay progress payments to direct contractors within 30 days after demand for payment pursuant to contract or be subject to prompt payment penalties of two percent (2%) per month on the amount wrongfully withheld. Like California’s other prompt payment penalty statutes, however, there is an important carve out: If there is a good faith dispute between the project owner and the direct contractor the project owner may withhold up to 150% of the dispute amount and not be subject to prompt payment penalties. And that, my friends, is a higher-tiered party’s “get out of jail free” card. In a case of first impression, the 1st District Court of Appeals, in Vought Construction Inc. v. Stock (2022) 84 Cal.App.5th 622, examined whether a project owner’s claim for liquidated damages constitutes a good faith dispute under Civil Code section 8800. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Traub Lieberman Attorneys Recognized as 2024 New York – Metro Super Lawyers®

November 11, 2024 — Traub Lieberman
Traub Lieberman is pleased to announce that seven Partners from the Hawthorne, NY office have been selected to the 2024 New York - Metro Super Lawyers list. 2024 New York – Metro Super Lawyers

Copernicus Gaza – Insurance Coverage
Jonathan Harwood – Professional Liability
Lisa Rolle – Construction Litigation
Hillary Raimondi – Employment Litigation
Christopher Russo – Professional Liability
Lisa Shrewsberry – Professional Liability
Stephen Straus – Insurance Coverage

Lisa Shrewsberry was also selected to the Top 25: 2024 Westchester County Super Lawyers® list. Read the court decision
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Reprinted courtesy of Traub Lieberman

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