Fairfield Connecticut Building Expert Directory

Quick Note: Expert Testimony – Back to the Frye Test in Florida

December 19, 2018 — David Adelstein - Florida Construction Legal Updates
Expert testimony (opinions) – very important testimony in construction disputes. Whether it is a delay claim, an inefficiency claim, a defect claim, etc., expert testimony plays an invaluable role in construction disputes. Construction attorneys work closely with expert witnesses to ensure that an expert helps render an opinion to support their client’s burden of proof (including damages) or an affirmative defense. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

In Contracts, One Word Makes All the Difference

July 21, 2018 — Christopher G. Hill - Construction Law Musings
Here at Musings, I sometimes feel as if I am beating the “contract is king” drum to death. However, each time I start to get this feeling, a new case out of either the Virginia state courts or the Fourth Circuit Court of Appeals here in Richmond reminds me that we all, lawyers and contractors alike, need to be reminded of this fact on a regular basis. The terms written into a construction contract (or any other contract for that matter) will control the outcome of any dispute in just about every case. A recent 4th Circuit case takes this to the extreme in pointing out the the choice which of two tiny words can change the entire set of procedural rules and even the courthouse in which your dispute will be decided. In FindWhere Holdings Inc. v. Systems Env. Optimization LLC, the Fourth Circuit looked at a forum selection clause found in a contract between the parties. In this case, the clause stated that any dispute would be litigated in the courts “of the State of Virginia.” When the defendants tried to remove the case from Virginia state court to the Eastern District of Virginia federal courts, the federal court remanded the case, sending it back to the Circuit Court of Loudoun County, Virginia. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Following Mishaps, D.C. Metro Presses on With Repairs

February 23, 2017 — Jim Parsons - Engineering News-Record
An aggressive effort to overhaul the aging Metro system in Washington, D.C., is producing results as it nears the one-year mark, with more than 28,000 cross-ties and nearly two miles of grout pads now replaced. Read the court decision
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Reprinted courtesy of Jim Parsons, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Repairs Could Destroy Evidence in Construction Defect Suit

June 28, 2013 — CDJ STAFF
Repair work is underway on the Palladium concert hall in Carmel, Indiana, a suburb of Indianapolis, a contractor for the project says that the repairs will destroy evidence that they need to defect against additional construction defect allegations. Work stopped in 2009 for three months of repairs after problems were found in the steel roof supports. Steel Supply & Engineering Co. has claimed that the column failures are due to errors in the design. They say that if the repair work continues, it “would result in the spoliation of evidence, and will irreparably harm the defendants, and ultimately adversely affect their ability to protect their rights in the action.” They have asked the court to bring repairs to a stop until they are able to inspect the steel. Read the court decision
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New Green Standards; Same Green Warnings for Architects & Engineers (law note)

January 13, 2014 — Melissa Dewey Brumback - Construction Law in North Carolina
The newest version of the LEED ratings system, LEED v4, has officially been released. For a comparison of the major changes between LEED 2009 and LEEDv4, check out this downloadable form from the USGBC. As the folks at Schinnerer’s pointed out, there is one major change that is fraught with peril for design professionals– the requirement for increased transparency concerning the composition and performance requirements of composition materials. Notes the insurance carrier: “While design firms always had a level of responsibility for ongoing product research, the lack of standardized, affirmative industry data made it difficult for design firms and project owners to assess the impact of building materials on human health. “As with many aspects of sustainability in design and construction, the danger to design firms is likely to come from self-inflicted perils. When a firm accepts responsibility to ‘ensure that a project meets its goals by using the best products that align with project requirements,’ it is essentially giving the project owner a guarantee that is both beyond the firm’s control and uninsurable by any insurance carried by a firm.” Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback
Ms. Brumback can be contacted at mbrumback@rl-law.com

Jobsite Safety Should Be Every Contractors' Priority

December 09, 2019 — Ray Reese - Construction Executive
Any general contractor understands the range of factors that go into building and sustaining a successful jobsite: hiring the right team, maintaining cutting-edge equipment, ensuring constant communication with clients and effectively leveraging the newest building technologies, just to name a few. But any good general contractor understands that there is one factor that should always be considered as top priority: jobsite safety. The health and wellbeing of a project’s team is paramount for obvious reasons, and it isn’t a lighthearted matter. Injuries and fatalities have too often been a piece of our industry’s story. In 2017 alone, there were 971 reported deaths on construction sites, which accounted for 20% of total worker fatalities, according to a report from the Occupational Safety and Health Administration. Of these 971 fatalities, 582 were the result of construction’s “fatal four”—falls, workers being struck by objects, electrocutions and workers being caught between equipment. For members of the industry, these are difficult numbers to read and to process; yet, it is extremely important to consider the injuries and lives lost when we take into consideration the seriousness of jobsite safety. Often, general contractors’ and superintendents’ greatest challenge isn’t being convinced of the necessity of jobsite safety practices in protecting employees or the value of safety in creating a productive work environment. Instead, the focus should be providing industry leaders tips on exactly how to improve safety measures on their own jobsites. Understanding that safety is everyone’s responsibility is paramount. Reprinted courtesy of Ray Reese, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Reese may be contacted at rreese@rives.com

State-Fed Fight Heats Up Over Building Private Nuclear Disposal Sites

August 03, 2022 — Mary B. Powers & Debra K. Rubin - Engineering News-Record
The U.S. Nuclear Regulatory Commission and Interim Storage Partners, a joint venture that gained a federal license last year to build an interim storage facility for spent commercial nuclear fuel at a Texas site, have until Aug. 3 to answer a federal lawsuit claim by state officials that a new U.S. Supreme Court decision eliminates the federal agency’s licensing authority. Reprinted courtesy of Mary B. Powers, Engineering News-Record and Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Read the full story... Read the court decision
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Colorado’s Federal District Court Finds Carriers Have Joint and Several Defense Duties

October 10, 2013 — Bret Cogdill — Higgins, Hopkins, McLain & Roswell, LLC.
An issue that has plagued builders in Colorado construction defect litigation is the difficulty of getting additional insured carriers to fully participate in the builder’s defense, oftentimes leaving the builder to fund its own defense during the course of the litigation. Many additional insurers offer a variety of positions regarding why they will not pay for fees and costs during the course of a lawsuit. Some insurers argue that, until after trial, it is impossible to determine its proper share of the defense, and therefore cannot make any payments until the liability is determined as to all of the potentially contributing policies. (This is often referred to as the “defense follows indemnity” approach.) Others may make an opening contribution to defense fees and costs, but fall silent as fees and costs accumulate. In such an event, the builder may be forced to fund all or part of its own defense, while the uncooperative additional insured carrier waits for the end of the lawsuit or is faced with other legal action before it makes other contributions. Recent orders in two, currently ongoing, U.S. District Court cases provide clarity on the duty to defend in Colorado, holding that multiple insurers’ duty to defend is joint and several. The insured does not have to go without a defense while the various insurers argue amongst themselves as to which insurer pays what share. Read the court decision
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Reprinted courtesy of Bret Cogdill
Bret Cogdill can be contacted at cogdill@hhmrlaw.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES