Fairfield Connecticut Building Expert Directory

BHA Sponsors the 9th Annual Construction Law Institute

January 21, 2016 — CDJ STAFF
Bert L. Howe & Associates, Inc. is proud to be partnering with the Florida Bar Continuing Legal Education Committee and the Construction Law Committee of the Florida Bar Real Property, Probate and Trust Law Section, as a sponsor and exhibitor at 9th Annual Construction Law Institute to be held March 11th, 12th & 13th, 2016 at the JW Marriott Orlando Grande Lakes in Orlando. With offices in Miami serving all of Florida, Bert L. Howe & Associates, Inc. (BHA) offers the experience of over 20 years of service to carriers, defense counsel, and insurance professionals as designated experts in nearly 6,000 cases. BHA’s staff encompasses a broad range of licensed and credentialed experts in the areas of general contracting and specialty trades, as well as architects, and both civil and structural engineers, and has provided services on behalf of developers, general contractors and sub-contractors. BHA’s experience covers the full range of construction defect litigation, including single and multi-family residential (including high-rise), institutional (schools, hospitals and government buildings), commercial, and industrial claims. BHA specializes in coverage, exposure, premises liability, and delay claim analysis as well. As the litigation climate in Florida continues to change, and as the number of construction defect and other construction related cases continues to rise, it is becoming more important for contractors and builders here to be aggressive in preparing for claims before they are made, and in defending against those claims once they are filed. Since 1993, Bert L. Howe & Associates has been an industry leader in providing construction consulting services, and has been a trusted partner with builders and insurance carriers, both large and small, across the Western and Southern United States. Here in Florida, we have been providing construction defect and construction-claims related forensic expert services for the past decade with a proven track record of successful results. For those of you planning on attending the conference, or those who may know someone who will be, we encourage you to stop by the BHA booth and we welcome the opportunity to discuss further the broad range of services provided by BHA. For your convenience, here is a link to the registration page for the 9th Annual Construction Law Institute: http://www.floridabar.org/FBWEB/CLEReg.nsf/zLocations2/MAOS-A4UK4Z?OpenDocument Read the court decision
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Infrared Photography Illuminates Construction Defects and Patent Trolling

October 01, 2013 — CDJ STAFF
Reuben Saltzman, a home inspector in the Minneapolis area wrote a piece for the Star Tribune in which he discussed the use of infrared photography in home inspections. Lack of insulation and water intrusion show up clearly on infrared photography where there is not yet any visible damage. Moist or cold areas show up as darker than their surroundings. Mr. Saltzman included one photo with his article in which the problem shows up as a hot spot: a carpet installer had covered over a floor register. Mr. Saltzman’s use of infrared photography may be in danger, as he recently learned that a Mississippi firm has actually taken out a patent on using infrared photography for home inspections. Read the court decision
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EPA Fines Ivory Homes for Storm Water Pollution

June 26, 2014 — Beverley BevenFlorez-CDJ STAFF
“Utah’s largest home builder [Ivory Homes] has agreed to a $250,000 fine and to take several steps…to comply with Clean Water Act requirements to control pollution associated with storm-water runoff from construction sites,” reported The Salt Lake Tribune. David Broadbent, Ivory Homes’ chief operating officer, stated in an email to The Salt Lake Tribune: “We are proud of our environmental record, particularly our storm-water compliance record. We are the first and the only home builder in Utah to implement a robust, companywide program to safeguard against sediment from entering Utah waters as a result of home-building activities.” Furthermore, Broadbent declared that the “inspections that led to the violations notices” did not yield any evidence that their “home-building practices resulted in any sediment discharge in any amount, let alone harm, to Utah waters.” Read the court decision
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#2 CDJ Topic: Valley Crest Landscape v. Mission Pools

December 30, 2015 — Beverley BevenFlorez-CDJ STAFF
In July of this year, Christopher Kendrick and Valerie A. Moore of Haight Brown & Bonesteel LLP analyzed the results of the Valley Crest Landscape v. Mission Pools case, in which “a California appeals court held that equities favor an insurer seeking equitable subrogation over a subcontractor that agreed to defend and indemnify claims arising out of its performance of work under the subcontract.” Read the full story... In the article, “General Liability Insurer Entitled to Subrogate Against its Insured’s Indemnitor,” Matthew S. Foy and Michael A. Pursell of Gordon & Rees LLP also discussed the details of the Valley Crest v. Mission Pools case that involved installing a swimming pool on a St. Regis hotel property: “In Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido, Inc., the California Court of Appeal for the Fourth Appellate District held that an insurer was entitled to equitably subrogate a breach of express indemnity claim against its insured’s indemnitor.” Read the full story... This month, Graham C. Mills of Newmeyer & Dillion reported on the decision by the Court of Appeals regarding the Valley Crest case, which “reinforces the right of a general contractor to defense and indemnity by a subcontractor when the parties have contractually allocated risk to the subcontractor. To ensure compliance with that right, the Valley Crest court imposed a strong penalty against a subcontractor that defaulted on its obligation.” Read the full story... Read the court decision
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Louisiana Politicians Struggle on Construction Bills, Hospital Redevelopment

June 16, 2011 — CDJ STAFF

Louisiana politicians are still working on a compromise in the state’s construction budget, as reported in the Times-Picayune. Rob Marrianneax, the chair of the Senate Revenue and Fiscal Affairs Committee, removed a $45 million request from Governor Bobby Jindal and added $4 million for projects that Jindal vetoed last year.

Two senators have formed competing plans to fund redevelopment construction for New Orleans’s Methodist Hospital. Mitch Landrieu, the mayor of New Orleans, hoped for $30 million dollars in state bonds. Senator Cynthia Willard-Lewis proposed an amendment that would supply $1.6 million, while Senator J.P. Morrell has an amendment that would supply $4 million.

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Third Circuit Holds No Coverage for Faulty Workmanship Despite Insured’s Expectations

November 21, 2018 — Brian Margolies - TLSS Insurance Law Blog
In its recent decision in Frederick Mut. Ins. Co. v. Hall, 2018 U.S. App. LEXIS 31666 (3d Cir. Nov. 8, 2018), the United States Court of Appeals for the Third Circuit had occasion to consider Pennsylvania’s doctrine of reasonable expectations in the context of a faulty workmanship claim. Hallstone procured a general liability policy from Frederick Mutual to insure its masonry operations. Notably, when purchasing the policy through an insurance broker, Hallstone’s principal stated that he wanted the “maximum” “soup to nuts” coverage for his company. Hallstone was later sued by a customer for alleged defects in its masonry work. While Frederick agreed to provide a defense, it also commenced a lawsuit seeking a judicial declaration that its policy excluded coverage for faulty workmanship. The district court agreed that the business risk exclusions applied, but nevertheless found in favor of Hallstone based on the argument that Hallstone had a reasonable expectation that when applying for an insurance policy affording “soup to nuts” coverage, it this would include coverage for faulty workmanship claims. Read the court decision
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Reprinted courtesy of Brian Margolies, Traub Lieberman Straus & Shrewsberry LLP
Mr. Margolies may be contacted at bmargolies@tlsslaw.com

President Trump’s “Buy American, Hire American” Executive Order and the Construction Industry

June 05, 2017 — Garret Murai - California Construction Law Blog
On April 18, 2017, President Trump signed Executive Order No. 13788 implementing his “Buy American, Hire American” campaign promise. Federal construction contractors familiar with “Buy American” clauses in federal contracts under the Federal Acquisition Regulations (FAR)–which require materials to be manufactured in the United States (or, depending on the clause, not manufactured in certain countries) unless a waiver is obtained–have waited anxiously to see what Trump’s “Buy American, Hire American” promise would mean for them. Well . . . as it turns out, not much, at least not yet. 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

‘The Ground Just Gave Out’: How a Storm’s Fury Ravaged Asheville

October 07, 2024 — Michael Smith, Devon Pendleton, Claire Ballentine & Michael Sasso - Bloomberg
Eric Becker was at his vacation home in western North Carolina, in a community bordering the Pisgah National Forest and Blue Ridge Parkway, when the rain began to pour. Becker, co-founder of the private wealth management firm Cresset, lives in Florida for most of the year. He had lived through a hurricane — but nothing like what he saw during Helene. “Mud was liquefying around tree bases. You could see the root systems,” said Becker, who first began visiting the Asheville area 20 years ago and was smitten by its natural scenery, excellent food and lively arts and music scene. “The ground just gave out.” Becker is part of a wave of affluent homebuyers who have flocked to the southern Appalachian region. Transplants from wealth managers and retirees to artists and young outdoors enthusiasts have helped create a real estate goldrush in cities including Asheville, where home prices have climbed 69% in the past five years. Reprinted courtesy of Michael Smith, Bloomberg, Devon Pendleton, Bloomberg, Claire Ballentine, Bloomberg and Michael Sasso, Bloomberg Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES