Fairfield Connecticut Building Expert Directory

Dust Infiltration Due to Construction Defect Excluded from Policy

September 09, 2011 — CDJ STAFF

A summary judgment was affirmed in the case of Brown v. Farmers Group, by the California Court of Appeals. The Browns bought a new home in Oakley, California. At the time, they signed disclosure statement “acknowledging that the area around their home experienced gusty winds and would be in development for years to come, which might result in dust and airborne mold.”

The Browns found an unusual amount of dust in their home, which became worse when they ran their heating and air conditioning system. Shelia Brown was later diagnosed with chronic valley fever, which was attributed to airborne mold. The Browns contacted Farmers which investigated the house. Although the adjustor from Farmers said the Browns would be covered, Farmers denied the claim.

After the Browns moved out of the house, an inspector found that the HVAC line in the attic was disconnected, sending dust into the home. The Browns brought action against Mid-Century Insurance, which managed the policy, and Farmers. The identified the HVAC defect, window problems, and valley fever as causes, suing for breach of contact, breach of implied covenant of good faith and fair dealing, and the intentional infliction of emotional distress.

The court rejected all these claims. The policy with Farmers excluded losses due to defective construction. This ruled out the faulty HVAC system and any problems there might have been from the windows. The policy also specifically excluded losses from contamination, fungi, pathogens, and noxious substances. The court further found that the adjustor’s opinion was irrelevant to the question of what the policy actually covered. Finally, the court found no evidence of intentional infliction of emotional stress.

On review, the appeals court upheld the trial court’s conclusions and affirmed the summary judgment.

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Congratulations to BWB&O’s 2021 Super Lawyers Rising Stars!

July 05, 2021 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is excited to announce Partners Kyle Carroll, Nicole Nuzzo, and Michael D’Andrea, as well as Associates Andy Arakelian and Andrew Steinberg, have been selected to the 2021 Super Lawyers Southern California Rising Stars for their work in Civil and Family litigation! Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations, and peer evaluations. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

Lithium for Batteries from Geothermal Brine

July 08, 2024 — Robert A. James, Sidney L. Fowler & Clarence H. Tolliver - Gravel2Gavel Construction & Real Estate Law Blog
If all goes as planned, solar, wind and other clean energy technologies will help us abandon carbon emissions for good. But many green power sources perform their best only when nature cooperates, so an important (and sometimes overlooked) component of the energy transition is the ability to store electricity for a rainy or calm day. Lithium is the ingredient of choice for electric vehicle batteries, solar panels and grid elements. As these innovations ramp up, lithium demand is expected to soar by 90% over the next two decades, driving a surge in production efforts. Some experts predict a deficit in the mineral by as soon as 2025. Predominant mining and extraction processes can be detrimental to the surrounding air, soil and water, in contrast to the environmentally friendly intentions of the lithium applications. But another type of renewable energy may be able to provide a solution. Hydrothermal brine, a high-saline water mixture found deep within the Earth’s crust, contains lithium-rich deposits that have leached from heated rocks into underground water. Geothermal power players employing hydrothermal brine are spearheading plans to extract the valuable resource in a cleaner and more sustainable manner. Reprinted courtesy of Robert A. James, Pillsbury, Sidney L. Fowler, Pillsbury and Clarence H. Tolliver, Pillsbury Mr. James may be contacted at rob.james@pillsburylaw.com Mr. Fowler may be contacted at sidney.fowler@pillsburylaw.com Mr. Tolliver may be contacted at clarence.tolliver@pillsburylaw.com Read the court decision
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Injury to Employees Endorsement Eliminates Coverage for Insured Employer

February 01, 2021 — Tred R. Eyerly - Insurance Law Hawaii
The court granted summary judgment to the insurer based upon an endorsement which barred coverage for injuries to employees. Northfield Ins. Co. v. Z&J Mgt. LLC, 2020 N.Y. Misc. LEXIS 10801 (N.Y. Sup. Ct. Dec. 18, 2020). Ravi Sooklal sued his employer, Z&J Management LLC (Z&J), for injuries at the job site. Northfield, who had issued a CGL policy to Z&L, denied coverage based upon two endorsements. The first was titled "Injury to Employees of Insureds" and the second was "Employers' Liability." Northfield sued for a declaratory judgment and now moved for summary judgment. 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

Lack of Workers Holding Back Building

May 10, 2013 — CDJ STAFF
Builders are hiring again, or at least they’re trying to. According to an article in the Los Angeles Times, many of the workers who were laid off during the construction bust have gone on to work in other areas. John Nunan of Unger Construction told the Times that “we’re starting to see spot shortages of labor.” One problem is that despite the boom, wages haven’t risen. Rising costs for materials and land have put an additional squeeze on builders. One building supervisor noted that during the boom, he was making $26 an hour and entry level workers $17. Now he earns $16 an hour. From bust to recovery was about five years, and its labor pool could not just wait those years. Industry representatives told the Times that it has created a perception that construction is not a stable form of employment. Brian Turmail of the Associated General Contractors of America cited “pretty consistent news coverage about the fact that there are no jobs in construction.” Read the court decision
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BHA has a Nice Swing: Firm Supports Wounded Warrior Project at WCC Seminar

May 01, 2015 — CDJ STAFF
In just two weeks, the 22nd West Coast Casualty (WCC) Construction Defect Seminar returns to the Disneyland Hotel in Anaheim, California. The annual event begins on Thursday, May 14th, with breakfast and registration starting at 7:30am. Panel discussions on various construction defect related topics begin at 8:30am and continue through the morning and afternoon, followed by a cocktail reception in the early evening. The following day includes break-out sessions with the event concluding in the afternoon. Attendees can enhance their seminar experience with the WCC Construction Defect Seminar Mobile App. The event schedule, speaker information, product information, sponsor details, and interactive floorplan can all be accessed through the app. Furthermore, registered attendees will have access to session presentations. The designated charity for this years’ event is the Wounded Warrior Project and there are several ways for attendees to support this honorable cause. In addition to the opportunity to purchase a “Buy A Banner” to hang in the seminar hall, there will be a traditional raffle for two American Themed quilts donated by Marianne Cutcher. Bert L. Howe and Associates, Inc. has also stepped up to support Wounded Warriors, and attendees will get the chance to help raise money for this cause in the following manner:

If you stop by the Bert L. Howe & Associates (BHA) booth at the seminar and try their “Sink A Putt For Charity” not only will you have the chance to win a $25 Best Buy gift card, but you’ll also have the opportunity to help raise funds for Wounded Warriors. For every hole-in-one made at their booth, BHA will also make a $25.00 cash donation in the golfer’s name to the Wounded Warrior Project. BHA strongly supports the goals and principles of Wounded Warriors, and is honored to assist the organization in fulfilling its mandate of assisting our returning military heroes who are in need.

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When a Construction Lender Steps into the Shoes of the Developer, the Door is Open for Claims by the General Contractor

February 18, 2015 — Kevin Brodehl – California Construction Law Blog
Thank you to my partner Garret Murai for giving me the opportunity to post again on his excellent California Construction Law Blog. I am the author/editor of the Money and Dirt Blog, where I focus on issues relating to real estate investment, development, and secured lending. On the Money and Dirt Blog, I recently posted an article on an interesting new secured lending opinion from the California Court of Appeal (Fourth District in Riverside), California Bank & Trust v. Del Ponti. That blog post focused on guaranty liability, and the court’s holding that there are limits to the defenses that a guarantor can lawfully waive. But that same decision also highlights valuable lessons regarding the relationship between construction lenders and general contractors in distressed projects, which I’ll cover here. In short, the court held that when a construction lender “steps into the shoes” of the developer to manage a distressed project, the lender might open the door to liability to the general contractor under theories of breach of contract and promissory estoppel. Read the court decision
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Reprinted courtesy of Kevin Brodehl, Wendel Rosen Black & Dean LLP
Mr. Bordehl may be contacted at kbrodehl@wendel.com

The Multigenerational Housing Trend

May 02, 2014 — Beverley BevenFlorez-CDJ STAFF
Reuters reported that “[m]ore than 50 million Americans already live in multigenerational situations, according to Pew Research, and the number is expected to grow as baby boomers age.” Lennar Corp has “Next Gen” home models, which provides multigenerational housing for prices similar to traditional homes. For instance, according to Reuters, one of the Next Gen models contains “an 800-square-foot house-within-a-house” with “a separate entrance and its own patio, plus a bedroom, sitting area, and bathroom.” Other home builders are also providing multigenerational housing: “Gertz Fine Homes, which builds between 12-30 houses a year near Portland, Oregon, says about 30 percent of sales are now multigenerational models, which can cost around $600,000.” Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES