Fairfield Connecticut Building Expert Directory

Defects in Texas High School Stadium Angers Residents

March 07, 2014 — Beverley BevenFlorez-CDJ STAFF
According to WFAA News, many residents of Allen, Texas were upset when their tax dollars were spent on a new high school football stadium, and they are angry now that alleged construction defects may cause the stadium to close, and perhaps not even reopen again this fall. There “is a disproportionately large amount of our tax dollars that goes just to Allen ISD," Rachel Palmer, an Allen resident, told WFAA News. However, Ben Pogue, president of Pogue Construction, the stadium’s general contractor called the situation “a road bump.” WPAA News also interviewed Dr. Simon Chao of the Department of Civil Engineering at the University of Texas at Arlington: "Cracking is fairly common in concrete," Chao stated. "The problem is the damage water may cause by getting in the cracks.” Read the court decision
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Dispute Resolution in Your Construction Contract

February 07, 2022 — David Adelstein - Florida Construction Legal Updates
There are important provisions in your construction contract that are geared towards dispute resolution. These are provisions you want to understand – not when a dispute arises, but BEFORE the dispute ever occurs. Many times, dispute resolution provisions are cast aside or not appreciated until a dispute rears its ugly head. This can put you in a reactive stance versus a proactive stance, which you want to be in, because you want to proactively make sure all rights are preserved relative to the dispute. You want to proactively make strategic decisions based on the dispute resolution provisions and process in your contract. Before your contract even gets signed, you may want to negotiate aspects of the dispute resolution process for many reasons. The process could be one-sided. It could be onerous. It could be complex. It could be unfavorable or costly with respect to how you want to progress a dispute. If you appreciate the dispute resolution process from the get-go, you will be in a more effective position to navigate the process while ensuring you are preserving your rights moving forward. 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

Real Estate & Construction News Roundup (09/06/23) – Nonprofit Helping Marginalized Groups, Life Sciences Taking over Office Space, and Housing Affordability Hits New Low

October 24, 2023 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, Walmart adds their own generative AI, major airlines reduce their capacity at regional airports, autoworkers prepare for a strike as negotiations continue, and more!

A nonprofit in Philadelphia is helping connect marginalized business owners with construction projects before bids are announced to improve equity in deals. (Kristen Mosbrucker-Garza, WHYY)
While the traditional office space market has been rocky, the life sciences market has taken over, creating more than one out of every four new projects. (Greg Cornfield, Commercial Observer)
Along with JLL, Walmart has joined the growing list of major U.S. companies supplying their own generative AI tools to some of their employees. (Lindsey Wilkinson, Construction Dive)

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

Hawaii State Senate Requires CGL Carriers to Submit Premium Information To State Legislature

March 20, 2011 — CDJ STAFF

In light of the decision in Hawaii’s Intermediate Court of Appeals in Group Builders, Inc.,v. Admiral Insurance Company, 231 P.3d 67(2010), Hawaii’s state senate is requesting that "every domestic and foreign insurance company that has ever issued commercial general liability policies in the State is requested to submit information to the Legislature on the total premiums received for their commercial general liability policies during the past ten years"

Read Full Text of Hawaii State Senate Resolution

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Colorado Homebuyers Must be in Privity of Contract with Developer to Assert Breach of Implied Warranty of Suitability

May 03, 2017 — Maggie Stewart - Colorado Construction Litigation
On April 17, 2017, the Colorado Supreme Court announced its decision in Forest City v. Rogers, No. 15SC1089, 2017 CO 23 (Colo. Apr. 17, 2017). The Court held that privity of contract is necessary for a homebuyer to assert a claim for breach of implied warranty of suitability against a developer. In other words, one must be a party to a contract to pursue a claim for breach of any implied warranty of suitability therein. Defendant Forest City was the developer of a mixed use property in Stapleton. Forest City subdivided the land and sold the vacant lot at issue to a professional builder, Infinity. Infinity then built a residence and sold it to the plaintiff, Tad Rogers. After moving into the home, Rogers came to believe that the water table beneath the house along with calcite leaching from the road material led to a buildup of calcite in the foundation drain, making the basement uninhabitable and causing the sump pump to work overtime. Rogers sued Forest City on various theories, including breach of the warranty of suitability. In particular, Rogers alleged that Forest City impliedly warranted to him that his lot was suitable for a home with a finished basement, when in fact it was not. He prevailed on this claim at the trial court level. Read the court decision
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Reprinted courtesy of Maggie Stewart, Higgins, Hopkins, McLain & Roswell, LLC
Ms. Stewart may be contacted at stewart@hhmrlaw.com

Philadelphia Voters to Consider Best Value Bid Procurment

May 10, 2017 — Wally Zimolong - Supplemental Conditions
My friend and colleague, Chris McCabe, recently published an opinion piece on Philly.com concerning the May 16 ballot question that asks Philadelphia voters to approve a change in the way Philadelphia awards public contracts. Currently, Philadelphia, like all municipalities in Pennsylvania, uses an objective lowest responsible bidder standard in the award of public contracts. Under this approach, public contracts must be awarded to a bidder that responds to all of the criteria of the request for bids and offers the lowest price. Under this traditional approach the award of public contracts is completely transparent. The May 16 ballot initiative seeks to change this. If approved, Philadelphia could award public contracts using a host of subjective factors. What those factors would be are unknown because the policies are not yet written. Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

There is No Claims File Privilege in Florida, Despite What Insurers Want You to Think

June 17, 2024 — Susana Arce & Stephanie A. Giagnorio - Saxe Doernberger & Vita, P.C.
As Florida insurers continue their attempts to narrow protections for policyholders, it is imperative - now more than ever - that insureds be well-informed and know their rights. Most recently, in Florida, insurers are attempting to weaponize the death of Senate Bill 1726 and House Bill 1287 to limit the documents disclosed to policyholders. Specifically, the proposed bill, which required insurers to disclose their claims file to policyholders, hoped to thwart insurers from utilizing “claims file privilege” to obstruct justice for policyholders and help level the playing field. The goal of the proposed bill was to promote transparency of the claim adjustment process and undercut insurers’ attempts to dodge discovery of relevant and necessary information during litigation, forcing the insurers to fully and honestly justify their basis for withholding coverage . Unfortunately for policyholders, on March 8, 2024, the proposed legislation was not passed by the Insurance and Banking Subcommittee. While insurers want you to believe this is a significant victory and a free pass to continue withholding documents under a “claims file privilege,” this is not the case. The proposed bill merely codified current Florida law – simply put, the “claims file privilege” never existed, and still does not. Reprinted courtesy of Susana Arce, Saxe Doernberger & Vita, P.C. and Stephanie A. Giagnorio, Saxe Doernberger & Vita, P.C. Ms. Arce may be contacted at SArce@sdvlaw.com Ms. Giagnorio may be contacted at SGiagnorio@sdvlaw.com Read the court decision
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Case Dispositive Motion for Summary Judgment Granted for BWB&O’s Client in Wrongful Death Case!

November 18, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to San Diego Partner JohnPaul Salem on his recent MSJ victory in a wrongful death case! Plaintiffs, the family of a pedestrian who was struck and killed by a train at a San Diego trolley station when he walked onto the tracks while warning lights and bells were active, filed suit for (i) dangerous condition of public property; and (ii) negligence arising out of the accident. Plaintiffs alleged BWB&O’s Client had created a dangerous condition and failed to warn of the alleged danger. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES