Fairfield Connecticut Building Expert Directory

New OSHA Regulations on Confined Spaces in Construction

May 20, 2015 — Craig Martin – Construction Contractor Advisor
On May 1, OSHA announced its final rules for construction workers in confined spaces. The Final Rules, which will take effect August 3, 2015, will require more comprehensive training , with the goal of providing construction workers the same or similar protections as employees in manufacturing and general industry.

Crawl spaces
Manholes
Tanks
Sewers

Confined spaces must be large enough for an employee to enter and have a means of exiting.
The air in confined spaces must be tested before workers enter them to ensure that the air is safe.
Construction workers must share safety information with others when they are going to work in enclosed/confined spaces.
Hazards associated with confined spaces must be continuously monitored and abated to the extent possible.

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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

Strategic Communication Considerations for Contractors Regarding COVID-19

April 06, 2020 — Sarah Skidmore - Construction Executive
The COVID-19 is a worldwide wildcard. Around the globe, organizations are forced to communicate with a wide variety of audiences. Audiences range from employees to customers and vendors—and more. A pandemic of this nature is new for the modern globalized workforce. Societies realize the breadth of international influence involved in a single supply chain now more than ever before. Domestically based organizations realize their place in the larger global system—and the construction industry is a perfect example. Here are key questions for leaders to ponder. 1. Who are your audience groups? In a wildcard situation, organizations are often tasked with communicating to many different audience groups and stakeholders. So, take some time to think beyond the groups that come top-of-mind such as customers, vendors, partners and owners.

Does the organization have any community-based events on the calendar?
Does the organization have professional development sessions on the calendar?
Does the organization have planned maintenance or facilities work scheduled with third parties?
Does the organization have interns or apprenticeship programs with local colleges?

Reprinted courtesy of Sarah Skidmore, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Ms. Skidmore may be contacted at sarah@skidmore-consulting.com

Don’t Be Lazy with Your Tenders

October 24, 2022 — Rick Erickson - Snell & Wilmer Real Estate Litigation Blog
Our clients probably spend significant time, money and effort refining and updating their contract provisions covering indemnification and the duty to defend claims arising on their projects. But they should also consider spending an appropriate and adequate amount of time, money and effort when sending notices, or “tenders,” to enforce those critical provisions. Tenders demanding defense and indemnity are strictly interpreted based on what the contract documents require. Getting tenders wrong can result in losing one of the most significant risk-shifting tools in the contract. It can also be a monumental mistake if insurance coverage for indemnification damages and defense costs are lost because of an inadequate tender. The legal definition of “tender” is simple; it is “[a]n unconditional offer of money or performance to satisfy a debt or obligation.” Black’s Law Dictionary 1479-80 (7th ed. 1999). Whereas “tender of defense” for insurance is “the act in which one party places its defense and all costs associated with said defense with another due to a contract or other agreement … [which] transfers the obligation of the defense and possible indemnification to the party to which the tender was made.” Int’l Risk Mgmt. Inst., Glossary. Thus, when claims arise on your projects, notice by tenders of defense and indemnity will often determine dispute resolution and available insurance proceeds. Read the court decision
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Reprinted courtesy of Rick Erickson, Snell & Wilmer
Mr. Erickson may be contacted at rerickson@swlaw.com

Power Point Presentation on Nautilus v. Lexington Case

July 23, 2014 — Tred R. Eyerly – Insurance Law Hawaii
Here is our power point from today's presentation to the Hawaii State Bar Association's Litigation and Insurance Coverage Litigation sections. We discussed "other insurance" clauses as addressed by the Hawaii Supreme Court in Nautilus Ins. Co. v. Lexington Ins. Co., 132 Haw. 283, 321 P.3d 634 (2014). Read the full story and view the Power Point presentation... 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

Preparing Your Business For Internal Transition

October 14, 2019 — Stephen P. Katz, Esq. - ConsensusDocs
When is it right to start thinking about succession planning and preparing a construction company for transition? Many would agree – in concept, at least – that serious thought regarding succession and transition planning should begin at a company’s inception and be revisited throughout its lifecycle, but as a practical matter, it is frequently not part of the mindset when growing a business. This article explores issues that construction company owners should consider in order to achieve smooth transition of ownership and control. We will address three critical questions:

What happens to the business when an owner retires;
In the event an owner(s) become disabled; and,
Unplanned exit/owner pre-deceases her/his exit from the company

Owners who do not plan carefully for transition are often faced with the less than appealing option of liquidating their business for much less than its value, or by closing the business with no return upon that event. However, those who plan carefully can realize the value of their life’s work, pass the business to the next generation and see their legacy continue. Read the court decision
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Reprinted courtesy of Stephen P. Katz, Esq., Peckar & Abramson, P.C.
Mr. Katz may be contacted at skatz@pecklaw.com

2019 Legislative Session

June 03, 2019 — Steve Heisdorffer – Colorado Construction Litigation
Two bills under consideration as the end of the session nears contain significant changes to Colorado’s Consumer Protection Act (“CCPA”). The bills broaden remedies, make more conduct a breach of the CCPA, and include purely private transactions in the type of conduct that falls within the scope of the CCPA. The bills are House Bill 19-1289 (“House Bill”) and Senate Bill 19-237 (“Senate Bill”). As of April 29, 2019, the House Bill has passed the House. The Senate Bill has not progressed past introduction. It is unclear if both houses of the legislature will have an opportunity to vote on either or both bills before the session ends. The House Bill makes a person liable for CCPA violations based on conduct engaged in “recklessly,” not just knowing conduct. No definition of the term “recklessly” is provided in the House Bill, but Colorado’s attorney general testified “recklessly” “means a company or person acted with reckless disregard for the truth.” (Page 2). No explanation was given of what the word “reckless” in the definition of “recklessly” meant in this context. Another provision of the House Bill adds a “catch all” prohibition that labels as a deceptive trade practice knowingly or recklessly engaging in any unfair, unconscionable, deceptive, deliberately misleading, false or fraudulent act or practice. There is no indication how a person could “recklessly” engage in “deliberately misleading” acts or practices. Read the court decision
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Reprinted courtesy of Steve Heisdorffer, Higgins, Hopkins, McLain & Roswell
Mr. Heisdorffer may be contacted at heisdorffer@hhmrlaw.com

Congratulations 2016 DE, NJ, and PA Super Lawyers and Rising Stars

June 02, 2016 — White and Williams LLP
Twenty-one White and Williams lawyers have been named by Super Lawyers as a Delaware, New Jersey, or Pennsylvania "Super Lawyer" while ten received "Rising Star" designations. Each lawyer who received the distinction competed in a rigorous selection process which took into consideration peer recognition and professional achievement. The winners named to this year's Super Lawyer list represent a multitude of practices throughout the firm. Read the court decision
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Reprinted courtesy of White and Williams LLP

Arizona Contractor Designs Water-Repellant Cabinets

September 09, 2011 — CDJ STAFF

Dubbing his product “Baltic Duck,” a Mesa, Arizona building contractor is offering household cabinets made with specially treated water-repellent plywood instead of the usual particle board. Pete Celano calls his product Baltic Duck because the plywood is made in the Baltic region of Eastern Europe. To further protect the cabinets from moisture, a silicone-based sealant is applied to the corners and edges.

Celano’s cabinets use standard decorative fronts. The design of the cabinets allows spilled liquids to drain away without encountering the decorative wood.

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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES