Fairfield Connecticut Building Expert Directory

Drones Used Despite Uncertain Legal Consequences

March 12, 2015 — Beverley BevenFlorez-CDJ STAFF
Francis Manchisi of Wilson Elser discussed how several industries—including construction—are using unmanned aircraft systems or unmanned aerial vehicles, commonly referred to as drones, and are either exploiting legal loopholes or ignoring laws altogether. The Federal Aviation Administration (FAA) has recently released a Notice of Proposed Rulemaking, which is now in a 60-day “notice and comment” period that is open to the public. Once that period ends, the FAA will consider the comments before putting the rules into law. According to Manchisi, the proposed rules include:

Unmanned aircraft must weigh less than 55 lbs. (25 kg).
Unmanned aircraft must remain within visual line of sight (VLOS) of the operator or visual observer.
Maximum altitude is 500 feet above ground level.
Preflight inspection by the operator is required.
Operators are required to obtain an unmanned aircraft operator certificate with a sUAS rating from the FAA.

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London’s Best Districts Draw Buyers on Italian Triple Dip

August 27, 2014 — Neil Callanan – Bloomberg
Italians were the biggest group of foreigners to buy homes in London’s best districts in the seven months through July as weak domestic growth prompted investment abroad. Italy, which fell into a triple-dip recession in the second quarter, accounted for 6.7 percent of all homes sold in the 13 neighborhoods that Knight Frank LLP defines as prime central London, the broker said in an e-mail today. France was second as euro-area investors accounted for 14.5 percent of purchases, the most in the period since 2011. Russia led the group a year ago, followed by the United Arab Emirates. The European Central Bank’s monetary-policy easing “is driving more euro-zone residents to search for yield abroad,” Goldman Sachs analysts including New York-based chief currency strategist Robin Brooks wrote in a note last week. Yields for homes in prime central London rose in July for the first time since April 2011 as more people opted to rent on concerns that home taxes may rise if the Conservative Party-led government loses next year’s elections, Knight Frank said on Aug. 11. Read the court decision
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Reprinted courtesy of Neil Callanan, Bloomberg
Mr. Callanan may be contacted at ncallanan@bloomberg.net

Work without Permits may lead to Problems Later

September 10, 2014 — Beverley BevenFlorez-CDJ STAFF
According to the Los Angeles Register, “Southern California homeowners often have repairs or improvements done to their property without getting the required building permits,” which sometimes, may be fine, but other times it leads to disastrous problems. The Register used an example of a San Clemente couple who had issues selling their home when a building inspector found that weep screeds were covered up by a cement deck installed by a contractor. The contractor also failed to get building permits for the work that was done. The buyer stated that repairs needed to be done prior to the sale. According to Mac MacKenzie, an agent at Coldwell Banker in Irvine, the situation is not uncommon: “We’ve had (permit problems) kill deals before, and we’ve had them almost kill deals. If it’s serious enough, it can stop a transaction from closing.” Permits are generally required “for any alteration, major repairs or new construction,” according to the Register, while they are not necessary “for minor repairs, such as fixing leaky pipes, painting, new carpeting or new kitchen countertops.” Read the court decision
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The Rise Of The Improper P2P Tactic

September 18, 2023 — Tim Capowski - Kahana Feld
About a year ago a colleague brought my attention to the increase in irrelevant, inflammatory, scandalous, and improper language in plaintiff pleadings in catastrophic injury, fire, and death cases. Since that time, the problem has only intensified around the country. The purpose of this improper practice is multifaceted, and has nothing to do with properly or sufficiently pleading a lawsuit. Primarily, it is designed to create ready-made and targeted sensational content for news organizations to publish and re-publish (and for news bots to disseminate) to poison the future jury pool. The lay public interprets this content as imbued with credibility not only because it emanates from sworn or verified court filings but because it carries the further patina afforded by multiple news sources’ reliance on it. This method of pleading-to-press (hereinafter “P2P”) publicity attack carries far more weight than mere press conference allegations. Ironically, P2P is demonstrably wrong because a plaintiff counsel making the identical assertions at a press conference or via a press release during litigation would be subject to libel claims (litigation privilege does not attach), gag orders, and professional misconduct referrals in most jurisdictions. Just like the Reptile attacks are simply a repackaged variant of the long precluded “Golden Rule” tactic, the P2P attacks are nothing more than a very clever but highly improper way to circumvent the press conference publicity impropriety; the defense bar and judiciary simply haven’t caught up with it yet. Read the court decision
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Reprinted courtesy of Tim Capowski, Kahana Feld
Mr. Capowski may be contacted at tcapowski@kahanafeld.com

Court Holds That Trimming of Neighbor’s Trees is Not an Insured Accident or Occurrence

June 10, 2015 — Christopher Kendrick and Valerie A. Moore – Haight Brown & Bonesteel LLP
In Albert v. Mid-Century Insurance Co. (No. B257792, filed 4/28/15, ord. pub. 5/20/15), a California Court of Appeal held that an insured’s trimming of a neighbor’s trees which allegedly damaged the trees was not an accident or occurrence covered by her homeowners insurance, despite a mistaken and good faith belief as to where the property line lay. Ms. Albert was sued by her adjoining neighbor, who alleged damage to his property when she erected an encroaching fence and pruned nine mature olive trees on his property. The two parcels shared a reciprocal roadway easement providing for access to the main public road. At some point, Ms. Albert erected a fence that was subsequently determined to be on the neighbor’s land, and which enclosed a grove of nine mature olive trees. Ms. Albert claimed that the trees straddled the property line and were mutually owned. She pointed out that she had regularly been notified by the Los Angeles Fire Department to clear the area, and that she had been trimming the trees for years. Thus, she claimed a good faith belief that the trees were hers and that she was required to trim them. Contending that her trimming had caused severe damage by reducing the aesthetic and monetary value of the trees, the neighbor sued alleging causes of action for trespass to real property and trees; abatement of private nuisance; declaratory relief; and for quiet title. He sought treble damages under Civil Code sections 733 and 3346, for injury to timber or trees. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com; Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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Mass-Timber Furnished Apartments Fare Well in Fire Tests

August 24, 2017 — Nadine M. Post - Engineering News-Record
Advocates for a code change that would allow taller heavy-timber frames are buoyed by the good performance of mass-timber structures in the first U.S. fire tests on full-scale furnished apartments. Read the court decision
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Reprinted courtesy of Nadine M. Post
Ms. Post may be contacted at postn@enr.com

Premises Liability: Everything You Need to Know

September 09, 2019 — Bremer Whyte Brown & O'Meara LLP
Premises liability is a relatively simple concept: landowners, lessors, and occupiers of land must keep their property safe and avoid causing harm to others. Premises liability lawsuits can arise from an array of circumstances including a slip and fall by an individual, a construction site accident, or an accident at occurs on a residential or commercial property. Under California law, everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property. California Civil Code 1714 (a). When an individual is injured on a property, the person harmed generally brings a lawsuit based upon a theory of negligence. Under this theory, an injured Plaintiff must prove the following:

The defendant owned, leased, occupied, or controlled the property;
The defendant was negligent in the use or maintenance of the property;
The plaintiff was harmed; and
The defendant’s negligence was a substantial factor in causing the plaintiff’s harm.

California Civil Jury Instructions 1000. When evaluating a negligence claim under the theory of premises liability, there are several key elements for both a Plaintiff and a Defendant to consider. First, the landowner, occupier, or lessor of a premises is under a duty to exercise ordinary care in the use or maintenance of the premises to avoid exposing persons to an unreasonable risk of harm. Rowland v. Christian, 69 Cal. 2d 108 (1968). Essentially, a landowner or occupier is required to take steps to keep individuals on the property free from harm. Read the court decision
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Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

Is the Sky Actually Falling (on Green Building)?

November 03, 2016 — Christopher G. Hill – Construction Law Musings
I have spoken on many occasions here at Construction Law Musings and elsewhere about the risks and rewards for contractors found in sustainable construction. The rewards were fairly apparent. New markets, government incentives and the desires of owners to be “green” clearly point toward a need for contractors to get into the sustainable building game. However, when I was first writing my Eeyore like thoughts most of the thoughts of all us construction attorneys were speculative. Whether because wholesale “green” construction was relatively new or because the court process was relatively slow, there were not many ways to test if our, shall we say “less optimistic,” predictions were going to come to pass. For better or worse, several of the more dire predictions have come true. One major green construction debacle is the Destiny USA litigation. I cannot possibly set out all of the various issues as well as my friend and colleague Chris Cheatham does in his e-book about the project and its aftermath. I highly recommend this e-book and the posts found at Chris’ Green Building Law Update blog for those of you interested in how the IRS, the USGBC and the Green Bonds Program interact to cause many a pitfall for construction and design professionals. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill, PC
Mr. Hill may be contacted at chrisghill@constructionlawva.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES