Fairfield Connecticut Building Expert Directory

Global Emissions From Buildings, Construction Climb to Record Levels

November 28, 2022 — Gautam Naik - Bloomberg
Carbon-dioxide emissions from building construction and operations hit an all-time high in 2021, according to the most recent data, a sign that the push to decarbonize the industry by 2050 may be slipping out of reach. Energy-related emissions from the operation of buildings reached 10 gigatonnes of CO2 equivalent, 5% higher than 2020 levels and 2% more than the pre-pandemic peak in 2019, according to data compiled by the Global Alliance for Buildings and Construction. Operational energy demand in buildings for heating, cooling, lighting and equipment rose about 4% from 2020 levels, the group said. While investments in building energy efficiency increased 16% last year to $237 billion, the growth in floor space outpaced efficiency efforts. As a result, “the gap between the climate performance of the sector and the 2050 decarbonization pathway is widening,” the report concluded. Read the court decision
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Reprinted courtesy of Gautam Naik, Bloomberg

Quick Note: Third-Party Can Bring Common Law Bad Faith Claim

July 01, 2019 — David Adelstein - Florida Construction Legal Updates
A third-party claimant may bring a common law bad faith claim against a defendant’s liability insurer. Mccullough v. Royal Caribbean Cruises, 2019 WL 2076192, *2 (S.D.Fla. 2019). “A bad faith claim may be brought by a third party absent an assignment from the [defendant] insured.” Id. This can only be done in the third-party bad faith context with the argument that the insurer’s “bad faith” conduct resulted in a judgment against the defendant-insured in excess of the policy limits. However, in any third-party bad faith claim (and, really, bad faith claim in general), coverage must first be determined under the policy. 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

Recent Developments Involving Cedell v. Farmers Insurance Company of Washington

September 05, 2022 — Donald Verfurth, Sally Kim, Stephanie Ries & Kyle Silk-Eglit - Gordon & Rees Insurance Coverage Law Blog
Ever since the Washington Supreme Court’s 2013 decision in Cedell v. Farmers Insurance Company of Washington, 176 Wn.2d 686, 295 P.3d 239 (2013), insurance coverage attorneys have been struggling to define the exact parameters of the Cedell ruling in order to safeguard the attorney-client privilege as to the communications between the insurer and its counsel. As a brief background, the Washington Supreme Court held in Cedell that there is a presumption of no attorney-client privilege in a lawsuit involving bad faith claims handling. However, an insurer can overcome the presumption of no attorney-client privilege by showing that its counsel provided legal advice regarding the insurer’s potential liability under the policy and law, and did not engage in any quasi-fiduciary activities, i.e. claims handling activities, such as investigating, evaluating, adjusting or processing the insured’s claim. Since Cedell, various trial courts have held that the following activities by an insurer’s counsel constitute quasi-fiduciary conduct that do not overcome the presumption of no attorney-client privilege, resulting in an order to produce documents and/or to permit the deposition of the insurer’s counsel:

Insurer’s attorney being the primary or sole point of contact with the insured for the insurer;
Insurer’s attorney requesting documents from the insured that are relevant to the investigation of the claim;
Insurer’s attorney communicating directly with the insured or the insured’s counsel regarding claims handling issues or payments;
Insurer’s attorney interviewing witnesses for purposes of the investigation of the claim;
Insurer’s attorney conducting an examination under oath of the insured;
Insurer’s attorney drafting proposed or final reservation of rights letter or denial letter to the insured; and
Insurer’s attorney conducting settlement negotiations in an underlying litigation.

Reprinted courtesy of Donald Verfurth, Gordon Rees Scully Mansukhani, Sally Kim, Gordon Rees Scully Mansukhani, Stephanie Ries, Gordon Rees Scully Mansukhani and Kyle Silk-Eglit, Gordon Rees Scully Mansukhani Mr. Verfurth may be contacted at dverfurth@grsm.com Ms. Kim may be contacted at sallykim@grsm.com Ms. Ries may be contacted at sries@grsm.com Mr. Silk-Eglit may be contacted at ksilkeglit@grsm.com Read the court decision
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Contractor's Agreement to Perform Does Not Preclude Coverage Under Contractual Liability Exclusion

January 31, 2014 — Tred R. Eyerly – Insurance Law Hawaii
In a much anticipated decision, the Texas Supreme Court ruled that a general contractor who agrees to perform its work in a good and workmanlike manner does not "assume liability" for damages arising out of its defective work so as to trigger the Contractual Liability Exclusion. Ewing Constr. Co., Inc. v. Amerisure Ins. Co., 2014 Tex. LEXIS 39 (Tex. Jan.17, 2014). Ewing signed an agreement with the School District to serve as general contractor to renovate and build additions to a school, including tennis courts. After construction was completed, the tennis courts started flaking, crumbling, and cracking. The School District filed suit, alleging breach of contract and negligence. 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

Subcontractor Not Estopped from Enforcing Lien Not Listed In Bankruptcy Petition

March 01, 2017 — Chadd Reynolds – Autry, Hanrahan, Hall & Cook, LLP
In Stock Building Supply, Inc. v. Platte River Insurance Co.,[1] the Court of Appeals dealt with issues of judicial estoppel, bankruptcy, retroactive application of statutory lien amendments, and the full payment defense. The owner, Madison Retail-Suwanee, LLC (“Madison”) hired Cannon/Estapa General Contractors, Inc. (“Cannon”) to be the general contractor for the construction of a shopping center (“the Project”). Cannon subcontracted with Stock Building Supply (“Stock”) to supply labor, materials, and services for the Project. Cannon failed to complete the project and Madison had yet to pay Cannon the full contract price. In 2007, Stock timely filed a lien on the Project and obtained a judgment against Cannon for the amount due under the subcontract. Platte River Insurance Company (“Platte”), the surety, issued a bond to discharge Stock’s lien. Consequently, Stock pursued an action against Platte to collect the judgment in the amount of $93,865.27. Read the court decision
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Reprinted courtesy of Chadd Reynolds, Autry, Hanrahan, Hall & Cook, LLP
Mr. Reynolds may be contacted at reynolds@ahclaw.com

The Benefits of Incorporating AI Into the Construction Lifecycle

December 23, 2024 — Ian Warner - Construction Executive
Interest in artificial intelligence has been spreading like wildfire over the past few years. AI is not a new term for Trimble, which has been capturing and leveraging construction data for decades. From hardware to software, the field to the office or among stakeholders, harnessing and making meaning out of data is the crux of Trimble’s business. Generative AI is simply a new set of tools that provide a richer narrative around data, making it more insightful and actionable. As a company that helps connect stakeholders across the entire construction lifecycle—design, construction and operations/ maintenance—AI has been woven in and leveraged across a number of Trimble solutions to help contractors do more with less, while also giving them greater decision-making power and the ability to focus on other key challenges. While the use cases for AI are diverse and ever-changing, below are a few key areas where Trimble has doubled down on AI, with the goal of making contractors’ jobs less cumbersome and repetitive, safer and more capable of being upskilled—efforts which will only continue to grow in the coming years. Reprinted courtesy of Ian Warner, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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South Carolina Couple Must Arbitrate Construction Defect Claim

June 28, 2013 — CDJ STAFF
The South Carolina Court of Appeals has rejected a claim by Sun City property owners that they were not bound by the arbitration clause in their purchase agreement. Roger and Mary Jo Carlson brought the claim against Del Webb Communities and Pulte Homes. About 140 homeowners are alleging problems in the community. According to the court, the Carlsons will have to go through arbitration with the companies over the alleged stucco defects to their home. Read the court decision
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California Restricts Principles of “General” Personal Jurisdiction

April 01, 2015 — Kristian B. Moriarty and R. Bryan Martin – Haight Brown & Bonesteel LLP
In BNSF Railway Company v. Superior Court (Kralovetz) (Filed 3/27/2015, No. B260798), the California Court of Appeal, Second District, held a Delaware railroad corporation, with its principal place of business in Texas, was not subject to “general” personal jurisdiction in California, despite California housing 8.1% of the corporation’s total workforce, accounting for 6% of the corporation’s revenue, and containing just under 5% of its total track mileage. Plaintiff, Vicki Kralovetz, filed suit in California Superior Court against defendant, BNSF Railway Company (“BNSF”), and others, for wrongful death. Plaintiff contended her husband was exposed to asbestos products manufactured by BNSF in Kansas while working at a dismantling facility owned by BNSF’s predecessor in interest. Plaintiff claimed the exposure caused her husband to contract mesothelioma, which resulted in his death. Reprinted courtesy of Kristian B. Moriarty, Haight Brown & Bonesteel LLP and R. Bryan Martin, Haight Brown & Bonesteel LLP Mr. Moriarty may be contacted at mmoriarty@hbblaw.com Mr. Martin may be contacted at bmartin@hbblaw.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES