Fairfield Connecticut Building Expert Directory

You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement

March 16, 2020 — David Adelstein - Florida Construction Legal Updates
Regardless of the type of contract you are dealing with, “[a]rbitration provisions are contractual in nature, and therefore, construction of such provisions and the contracts in which they appear is a matter of contract interpretation.” Wiener v. Taylor Morrison Services, Inc., 44 Fla. L. Weekly D3012f (Fla. 1st DCA 2019). This means if you want to preserve your right to arbitrate claims you want to make sure your contract unambiguously expresses this right. Taking this one step further, if you want to make sure an arbitrator, and not the court, determines whether the claim is arbitrable if a dispute arises, you want to make sure that right is expressly contained in the arbitration provision. For example, in Wiener, a homeowner sued a home-builder for violation of the building code – a fairly common claim in a construction defect action. The homeowner’s claim dealt with a violation of building code as to exterior stucco deficiencies. The home-builder moved to compel the lawsuit to arbitration based on a structural warranty it provided to the homeowner that contained an arbitration provision. The structural warranty, however, was limited and did not apply to non-load-bearing elements which, per the warranty, were not deemed to have the potential for a major structural defect (e.g., a structural defect to load-bearing elements that would cause the home to be unsafe or inhabitable). The trial court compelled the dispute to arbitration pursuant to the arbitration provision in the structural warranty. 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

City Potentially Liable for Cost Overrun on Not-to-Exceed Public Works Contract

June 29, 2017 — David R. Cook Jr. - Autry, Hanrahan, Hall & Cook, LLP
On a public works construction project, a contractor incurred additional costs and asserted a claim against the city. The city denied the claim because the contract had a not-to-exceed price, and the city council and mayor did not approve contract modifications to exceed that amount. City ordinances require approval for contract modifications and change orders exceeding ten percent of the original not-to-exceed amount. But the contractor argued that the ordinance did not apply because the excess costs did not result from a contract modification or change order. In addition, the contractor argued that, in refusing to approve an increase in the not-to-exceed amount, the city breached the implied duty of good faith and fair dealing. The court concluded that these questions were factual issues for the jury to decide. Read the court decision
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Reprinted courtesy of David R. Cook, Autry, Hanrahan, Hall & Cook, LLP
Mr. Cook may be contacted at cook@ahclaw.com

No Coverage for Faulty Workmanship Where Underlying Claim is Strictly Breach of Contract

June 30, 2016 — Tred R. Eyerly – Insurance Law Hawaii
Considering certified questions from the federal district court, the Arkansas Supreme Court followed a prior decision in deciding there was no coverage for property loss caused by faulty workmanship based solely on breach of contract. Columbia Ins. Group, Inc. v. Cenark Project Mgt. Services, Inc., 2016 Ark. LEXIS 185 (Ark. April 28, 2016). The homeowners entered a contract in 2005 with Arkansas Infrastructure, Inc. (AII) to construct pads for the construction of six homes. The contract provided that AII would perform the work in accordance with the plans, specifications, and drawings developed by CENARK Project Management Services, Inc. In 2012, the homeowners sued AII for breach of contract, alleging that AII had failed to construct the pads in accordance with the plans and specifications designed by CENARK. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Hawaii Federal District Court Denies Title Insurer's Motion for Summary Judgment

February 01, 2022 — Tred R. Eyerly - Insurance Law Hawaii
In a rare title insurance dispute before the federal district court in Hawaii, the court denied the insurer's motion for summary judgment while granting the insured's motion for summary judgment. First Am. Title Ins. Co. v. GS Industries, LLC, 2021 U.S. Dist. LEXIS 240601 (D. Haw. Dec. 16, 2021). GS Industries, LLC took ownership of a parcel of real property located fronting Waipa Lane in Honolulu. The property used four buildings and a parking area for 50 cars. GS obtained a title insurance policy from First American. The policy insured GS' fee simple interest in the property in the amount of $3,500,000. The policy insured GS "against loss or damage, not exceeding $3,500,000, sustained or incurred by GS by reason of . . . not right of access to and from the land,." The policy did not identify any issues with access to the property and did not define "access." A portion of Waipa Lane was owned by the City and County of Honolulu. Parcel 86 and Parcel 91 on Waipa Lane were privately owned. (Private Waipa Lane Parcels). Vehicular access to (ingress) and from (egress) the property was via Waipa Lane. Ingress was made via the publicly owned portion of Waipa Lane. Vehicular egress was made via the Private Waipa Lane Parcels. The City of Honolulu maintained the Private Waipa Lane Parcels and considered them to be pubic. None of the owners of Parcels 86 or 91 notified GS of their intent to block the use of Waipa Lane. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Blackstone to Buy Chicago’s Willis Tower for $1.3 Billion

March 19, 2015 — Hui-yong Yu – Bloomberg
(Bloomberg) -- Blackstone Group LP agreed to buy Chicago’s Willis Tower, the second-tallest building in the U.S., and plans to upgrade the retail and observatory space in a bet on growth in the city. The price was $1.3 billion, a record for a Chicago office building, according to Blackstone executives. The sellers of the 110-story skyscraper, formerly known as Sears Tower, are a group including New York-based investors Joseph Chetrit and Joseph Moinian, and American Landmark Properties Ltd. Read the court decision
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Reprinted courtesy of Hui-yong Yu, Bloomberg
Ms. Yu may be contacted at hyu@bloomberg.net

OSHA Issues Fines for Fatal Building Collapse in Philadelphia

November 27, 2013 — CDJ STAFF
The Occupational Safety and Health Administration has issued $400,000 in fines to two contactors who were involved with the collapse of a building in Philadelphia. Six people died and 14 more were injured in an adjacent building. OSHA concluded that the two firms, Campbell Construction and S&R Contracting, violated workplace safety regulations 12 times in their demolition of the building. According to OSHA, Campbell Construction removed structural supports and portions of the lower floors of the building while upper stories were still being demolished. Both firms failed to provide its workers with fall protection equipment. Read the court decision
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Reprinted courtesy of

Carolinas Storm Damage Tally Impeded by Lingering Floods

October 09, 2018 — Jim Parsons & Tom Sawyer - Engineering News-Record
As October rolls in, slow-moving flood crests and sluggish drainage persisting weeks after the passage of Hurricane Florence are leaving large eastern areas in the affected states too inundated for accurate damage assessments. The extent of damage is still largely uncalculated. In some cases, it’s believed to be worsening. Reprinted courtesy of Jim Parsons, Engineering News-Record and Tom Sawyer, Engineering News-Record Mr. Parsons may be contacted at sawyert@enr.com Read the court decision
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Cooperation and Collaboration With Government May Be on the Horizon

September 17, 2018 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel
In Is the Pendulum Swinging on Agency and Government Contractor Cooperation?, Pillsbury attorneys Mike Rizzo, Glenn Sweatt and Kevin Massoudi discuss comments from the Department of Defense as well as recent good faith and fair dealing court decisions that point to and encourage improved contractor/government relationships. Their key takeaways include

Government officials are actively encouraging collaboration with, and less antagonism of, industry contractors.

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

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