Fairfield Connecticut Building Expert Directory

Is a Violation of a COVID-19 Order the Basis For Civil Liability?

April 20, 2020 — Robert Devine, James Burger & Douglas Weck - White and Williams
Thinking about ignoring your state or local COVID-19 shutdown orders? Think again. Social-distance measures may create a new source of liability for businesses operating during the COVID-19 pandemic. Infection-based litigation is normally limited to businesses operating in the healthcare sector. But, social-distancing measures to stop the spread of infection may expand that litigation to other sectors. State and local governments across the country are taking extraordinary measures to combat the spread of COVID-19, a novel coronavirus that can cause life-threatening respiratory illness. Those measures encourage and even mandate “social distance” between people to limit physical transmission of the virus. Hard-hit states like New York, New Jersey, Pennsylvania and California have been aggressive in their responses, shuttering businesses, confining people to their homes, and requiring people to stay six feet apart. Common mandates include: quarantines, business and school closures, stay-home orders, curfews, travel restrictions, occupancy limits and physical-distance mandates, among other things. Reprinted courtesy of White and Williams attorneys Robert Devine, James Burger and Douglas Weck Mr. Devine may be contacted at deviner@whiteandwilliams.com Mr. Burger may be contacted at burgerj@whiteandwilliams.com Mr. Weck may be contacted at weckd@whiteandwilliams.com Read the court decision
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The Court of Appeals Holds That Indifference to Safety Satisfies the Standard for a Willful Violation Under WISHA

May 16, 2022 — Cameron Sheldon - Ahlers Cressman & Sleight PLLC
In March 2022, the Washington State Court of Appeals, Division One, issued Marpac Constr., LLC v. Dep’t of Lab. & Indus., No. 82200-4-I, 2022 WL 896850, at *1 (Wash. Ct. App. Mar. 28, 2022) holding Marpac Construction, LLC (“Marpac”) liable for three willful Washington Industrial Safety and Health Act of 1973 (WISHA) violations pertaining to safe crane operation near energized power lines. Marpac was the general contractor on an apartment complex construction project in West Seattle. The worksite had high voltage power lines running throughout the site. Seattle City Light had flagged some with a 10-foot offset, but none of the other power lines were flagged. Marpac’s superintendent assumed that the lines were between 26 kilovolts (kV) and 50 kV based on their connection to the lines flagged by Seattle City Light. The superintendent never called Seattle City Light to check the voltage of the lines and the lines remained above ground. In September 2016, a subcontractor began work on the project’s structural foundation. The subcontractor expressed concerns about working around the power lines, but Marpac promised it was working on mitigation of the power line hazard and directed the subcontractor continue working. At one point, the subcontractor’s employees had to move the crane and concrete forms away from the power lines to allow a cement truck to park in its place. The crane’s line contacted the power lines, causing serious injuries to two of the subcontractor’s employees. Read the court decision
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Reprinted courtesy of Cameron Sheldon, Ahlers Cressman & Sleight PLLC
Ms. Sheldon may be contacted at cameron.sheldon@acslawyers.com

The Families First Coronavirus Response Act: What Every Employer Should Know

April 06, 2020 — Donald A. Velez, Karissa L. Fox & Sarah K. Carpenter - Smith Currie
Smith Currie provides this update regarding the Families First Coronavirus Response Act as part of its continuing effort to monitor developments concerning the Coronavirus disease (“COVID-19”) and provide guidance as to potential issues that may arise in businesses across the United States. On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (the “Act”), which contains provisions requiring certain private employers to provide paid leave to employees who cannot work because of Coronavirus, expanding Family and Medical Leave Act coverage, providing for federal tax credits to affected employers, and providing eligible states the ability to further fund their unemployment trust fund accounts. The Act is effective as of April 2, 2020 and will remain in place through December 31, 2020. Below, we provide a summary of the Act and several of its key components, including the Emergency Family and Medical Leave Expansion Act (“EFMLEA”), the Emergency Paid Sick Leave Act, and the Emergency Unemployment Insurance Stabilization and Access Act. Reprinted courtesy of Smith Currie attorneys Donald A. Velez, Karissa L. Fox and Sarah K. Carpenter Mr. Velez may be contacted at davelez@smithcurrie.com Ms. Fox may be contacted at klfox@smithcurrie.com Ms. Carpenter may be contacted at skcarpenter@smithcurrie.com Read the court decision
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2017 Construction Outlook: Slow, Mature Growth, but No Decline, Expected

December 21, 2016 — Garret Murai – California Construction Law Blog
As we count down the remaining days of 2016 (thank God) it’s time to think about what the new year will bring (I’m good with pretty much anything at this point). The economists at Dodge Data & Analytics have a few predictions. According to their 2017 Dodge Construction Outlook, they predict that U.S. construction starts will increase modestly in 2017, up 5% to $713 billion, after rather anemic growth in 2016 following several years of steady growth. According to Robert Murray, chief economist for Dodge Data & Analytics, while the first half of 2016 lagged behind construction activity in 2015, that shortfall grew smaller as the year progressed, easing concern that the construction industry might be in the early stage of a cyclical decline. Rather, according to Murray, it appears that the construction industry has now entered a more mature phase of expansion, one characterized by slower rates of growth than during the 2012-2015 period and that construction spending can be expected to see moderate gains through 2017 and beyond[.] Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Residential Construction Rise Expected to Continue

May 10, 2013 — CDJ STAFF
Housingwire reports that Fannie Mae has predicted strong increases in housing starts over the last few years, with an expected return to normal by 2016. If this holds true, residential construction will include 2.5 million jobs. Read the court decision
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Construction Termination Issues for the Architect and Engineer: Part 1– Introduction to the Series

July 24, 2023 — Melissa Dewey Brumback - Construction Law in North Carolina
Earlier this year, I was asked to talk to other construction lawyers on the topic of termination. My first question was– whose termination are we talking about here– the architect / engineer? The contractor? Is someone wanting to “fire” the owner? The answer, as it turns out, is — yes. That is, yes, any and all of the above termination topics were on the table. As you may have suspected, even the threat of a termination is bad, bad news. It is the “nuclear option” for a construction project. Everyone risks getting harmed. As the design professional administering a contract, you run a risk of being dragged into litigation no matter what you do. So, how should you proceed? Carefully. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
Ms. Brumback may be contacted at mbrumback@rl-law.com

The Other Side of the North Dakota Oil Boom: Evictions

May 13, 2024 — Sarah Holder - Bloomberg
Williams County, North Dakota, is one of the biggest beneficiaries of the state’s fracking boom. In the past decade, millions of barrels of oil have been pumped from its land, and the population of its largest city, Williston, has doubled. But as the oil flowed and workers poured in to staff the rigs, housing options quickly ran dry. The region’s uneven expansion has led to an eviction crisis for the county’s 39,000 residents, according to a recent paper from a group of sociologists affiliated with Princeton University’s Eviction Lab. Williams County saw its eviction rate go from “nearly non-existent” in 2010 to over 7% a decade later, the study found. By 2019, at the height of its oil boom — when the state accounted for 11% of the country’s oil production — its eviction filing rate was comparable to that of large, renter-heavy cities like New York City or Philadelphia, according to Eviction Lab. Though oil production peaked in 2019, the problem hasn’t abated: From January through November 2023, more than 550 evictions were recorded by the Williams County Sheriff’s office, up around 30% from the previous full year. Read the court decision
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Reprinted courtesy of Sarah Holder, Bloomberg

Three Reasons Lean Construction Principles Are Still Valid

February 27, 2019 — Kevin Clary - Construction Executive
When lean principles were first introduced to the construction industry five years ago, project managers raced to implement the production method. The internet was rife with content about how to easily overhaul a jobsite and transform it into the picture of efficiency. However, the number of lean construction critics have multiplied significantly in recent months. They claim concepts are near impossible to implement or, even worse, automation eliminates the need for deliberate human processes. These ideas are misleading. Lean principles are still valid for a few key reasons. 1. Lean involves seeing things from the customer’s point of view One of the defining principles of lean construction is understanding value from the customer’s point of view. The concept encourages stakeholders, including the owner, contractor and supplier, to come together during the early planning stage of the project. The significant level of trust created from this exercise can’t be replicated by machinery. It involves compassion, collaboration and a sense of creativity that artificial intelligence is yet to possess. Moreover, the rapport gained through this service-oriented exercise is worth the time investment. Reprinted courtesy of Kevin Clary, 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