Fairfield Connecticut Building Expert Directory

Ninth Circuit: Speculative Injuries Do Not Confer Article III Standing

February 28, 2018 — Omar Parra and Lawrence S. Zucker II – Publications & Insights
As Dwight Schrute of hit NBC show “The Office” said, “identity theft is not a joke, Jim! Millions of families suffer every year!” In response, Congress has passed a variety of legislation over the years aimed at curbing identity theft. One such piece of legislation, the Fair Credit Reporting Act (“FCRA”), as amended by corollary acts, prohibits the printing of more than the last 5 digits of the credit card number or the credit card number’s expiration date on any sales receipt. Anyone who “willfully fails to comply with [the requirements] is liable to that consumer” for statutory or actual damages, attorney’s fees and costs, and potential punitive damages. But is a statutory violation of the FCRA alone a sufficient injury to confer Article III standing? No, says the Ninth Circuit. Reprinted courtesy of Omar Parra, Haight, Brown & Bonesteel LLP and Lawrence S. Zucker II , Haight, Brown & Bonesteel LLP Mr. Parra may be contacted at oparra@hbblaw.com Mr. Zucker may be contacted at lzucker@hbblaw.com Read the court decision
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Florida Representative Wants to Change Statute of Repose

December 10, 2015 — Beverley BevenFlorez-CDJ STAFF
Currently in Florida, the ten year clock for construction defect claims typically starts ticking after the final payment is made by the owner. However, WFSU reported, Representative Keith Perry wants to change it so that the completion of the construction triggers the statute of repose. This change “could favor the construction industry, by shifting the power to start the clock from home owners to builders,” WFSU claimed. Representative Dwight Dudley worries about “what would happen if a contractor felt she was finished but the property owner didn’t agree.” Read the court decision
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Real Estate & Construction News Roundup (8/6/24) – Construction Tech Deals Surge, Senators Reintroduce Housing Bill, and Nonresidential Spending Drops

September 16, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, cybersecurity attacks target contractors, U.S. banks report weaker profits, additional commercial real estate is distressed, and more!

Spending dropped in almost half of nonresidential subcategories in June, with the decrease stemming from higher interest rates, tighter credit conditions and a softening economy. (Sebastian Obando, Construction Dive)
Despite the decline in investment dollars for construction technology, the number of deals surged by 18% year-over-year, indicating sustained interest and activity in the sector. (Sebastian Obando, Construction Dive)
As cybersecurity attacks on U.S.-based businesses ramp up, general contractors are not immune. (Jen A. Miller, Construction Dive)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Metrostudy Shows New Subdivisions in Midwest

October 01, 2014 — Beverley BevenFlorez-CDJ STAFF
Metrostudy surveyed the Chicago, Indianapolis, and Minneapolis/St. Paul markets and found an increase in subdivisions—“[n]ot a re-hashing of existing communities or a re-configuring of existing developments, but new land, being newly developed,” according to Builder magazine. Builder reported that in 2010 only 383 new lots were delivered to the Chicago market, but in just the first six months of 2014, 1,500 new lots have been delivered. Furthermore, the Twin Cities had a total of 964 lots delivered in 2010. “In 2013, there were 3,683 new lot deliveries. Indianapolis has seen a total of 1,400 new lots delivered in the first six months of 2014, compared to just 650 through the first half of 2010.” Read the court decision
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Couple Perseveres to Build Green

August 27, 2013 — CDJ STAFF
Most homeowners don’t want to make their way through the mountain of paperwork required for LEED certification. But according to the Patriot News, Jens and Donna Damgaard aren’t most homeowners. The Damgaards set out to build a LEED-certified home, and struck with it to the end. The Damgaards started out by assembling a team so there wouldn’t be any questions down the road. They also kept going green as a goal, no matter what. Don Park, their contractor, said that “it worked out well. There was never a cost issue.” Jens Damgaas is an attorney in Harrisburg, and he put his skills as a lawyer to work in going through the paperwork, as if he were the projet’s LEED consultant. One further takeaway from the contractor, “everyone wants two-button toilets.” Read the court decision
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Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act

July 31, 2024 — David Adelstein - Florida Construction Legal Updates
As you hopefully know from posted articles, arbitration is a creature of contract. Stated differently, there must be a contractual basis to have a dispute resolved through binding arbitration. The Federal Arbitration Act (FAA) applies to transactions involving interstate commerce. Oftentimes, lawsuits are filed despite an arbitration provision in a contract because parties can, if they desire, waive their rights to have their dispute resolved through binding arbitration. In what should not be a shocker, the United States Supreme Court in Smith v. Spizzirri, 144 S.Ct. 1173, 1178 (2024), held that when a federal “district court finds that a lawsuit involves an arbitrable dispute, and a party requests a stay pending arbitration, section 3 of the FAA compels the court to stay the proceeding.” Dismissing the lawsuit should not be the option. Staying the lawsuit should. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Be Careful with Mechanic’s Lien Waivers

June 09, 2016 — Christopher G. Hill – Construction Law Musings
Mechanic’s liens are near and dear to my heart here at Construction Law Musings. These powerful tools can and should be properly used to help you, as a construction professional, get paid for your good work. Of course, the correct steps toward perfecting one of these liens must be followed, including being sure to meet the stringent lien deadlines. I’ve discussed the steps for filing such a lien and the various pitfalls relating to the very picky statutory requirements for recording an enforceable memorandum of lien in Virginia. One important area that I have not discussed as thoroughly as these basic requirements (and an area of which I have been reminded by my pals at the Construction Payment Blog) is the area of mechanic’s lien waivers. While the Virginia General Assembly has ended the days of pre-payment contractual waiver of mechanic’s lien rights for subcontractors and suppliers, mechanic’s lien waivers that waive rights either simultaneous with or after receipt of progress and final payments are still valid and used on a regular basis. Read the court decision
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Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Bert L. Howe & Associates Brings Professional Development Series to Their San Antonio Office

March 28, 2014 — Beverley BevenFlorez-CDJ STAFF
Mirroring similar seminars currently provided in other regional markets, BHA’s Professional Development Series provides seminar attendees with a heightened level of knowledge and understanding on a wide range of subjects covering construction and construction defect litigation, tailored to the unique needs of local counsel and insureds. The first seminar in this series will be presented on May 9th, and is entitled THE RESIDENTIAL CONSTRUCTION PROCESS & CONSTRUCTION DEFECT LITIGATION. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 0.0 credit hours will apply to legal ethics/professional responsibility credit. The seminar will be presented by Don MacGregor, general contractor and project manager, at BHA’s San Antonio office during the noontime hour, and luncheon will be provided. As with all BHA Professional Development activities, there is no cost for participation. Water intrusion through doors, windows and roofing systems, as well as soil and foundation-related movement, and the resultant damage associated therewith, are the triggering effects for the vast majority of homeowner complaints today and serve as the basis for most residential construction defect litigation. The graphic and animation-supported workshop/lecture activity will focus on the residential construction process from site preparation through occupancy, an examination of associated damages most often encountered when investigating construction defect claims, and the inter-relationships between the developer, general contractor, sub trades and design professionals. Typical plaintiff homeowner/HOA expert allegations will be examined in connection with those building components most frequently associated with construction defect and claims litigation. The workshop will examine: * Typical construction materials, and terminology associated with residential construction * The installation process and sequencing of major construction elements, including interrelationship with other building assemblies * The parties (subcontractors) typically associated with major construction assemblies and components * The various ASTM standard testing protocols utilized to field test buildings * An analysis of exposure/allocation to responsible parties Attendance at THE RESIDENTIAL CONSTRUCTION PROCESS & CONSTRUCTION DEFECT LITIGATION seminar will provide the attendee with: * A greater understanding of the terms and conditions encountered when dealing with common construction defect issues * A greater understanding of contractual scopes of work encountered when reviewing construction contract documents * The ability to identify, both quickly and accurately, potentially responsible parties * An understanding of damages most often associated with construction defects, as well as a greater ability to identify conditions triggering coverage * Assistance in the satisfaction of important continuing education requirements. Course #: 901290467 / Sponsor #: 14152 To register for the event, please email Don MacGregor at dmac@berthowe.com. Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES