Fairfield Connecticut Building Expert Directory

Insured's Jury Verdict Reversed After Improper Trial Tactics

October 09, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The appellate court reversed a jury verdict for the insured due to improper trial tactics by his attorney. Homeowners Choice Property and Cas. Ins. Co., Inc. v. Kuwas, 2018 Fla. Ct. App. LEXIS 9500 (Fla. Ct. App. July 5, 2018). The insured sued Homeowners Choice (HCI) alleging breach of contract due to a denial of coverage for property damage as a result of water loss. During the trial, HCI raised objections to various questions posed by the insured's counsel during the testimony of HCI's litigation manager, as well as various closing arguments made by the insured. The jury entered a verdict for the insured for a substantial sum. HCI appealed. 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

The Oregon Tort Claims Act (“OTCA”) Applies When a Duty Arises from Statute or Common Law and is Independent from The Terms of a Specific Contract. (OR)

February 25, 2014 — Natasha Khachatourians – Scheer & Zehnder LLP Liability Newsletter
Case: Jenkins v. Portland Housing Authority, 260 Or.App. 26, 316 P.3d 369 (2013). Issue: Do tort claims arising from a rental agreement fall within the exemption from the definition of a tort under the OTCA? NO. Facts: Plaintiff rented an apartment in a public housing complex operated by the Portland Housing Authority (“PHA”). While walking in the hallway of the building, Plaintiff slipped on a puddle of water that had leaked from a broken washing machine in a nearby laundry room. Plaintiff fell and was injured. The trial court granted summary judgment to PHA, finding that the PHA was considered a public body under the OTCA and, as a result, enjoyed discretionary immunity from liability. The issue before the court was whether the OTCA applied to a claim under the Oregon Residential Landlord Tenant Act (“ORLTA”) since an ORLTA claim generally arises out of a rental agreement. Plaintiff did not plead breach of a specific provision of the rental agreement, and she conceded that she had alleged a breach of a legal duty resulting in injuries. Plaintiff argued, however, that her claim involved a duty arising from the rental agreement. As such, she contended her claim fell within the exception of the definition of a “tort” under OTCA, and thus the OTCA should not apply to give PHA discretionary immunity. Read the court decision
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Reprinted courtesy of Natasha Khachatourians, Scheer & Zehnder LLP
Ms. Khachatourians may be contacted at natashak@scheerlaw.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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Workers Hurt in Casino Floor Collapse

February 10, 2012 — CDJ STAFF

More than a dozen construction workers fell about thirty feet when a floor collapsed in a Cincinnati casino. The workers were pouring cement on the second-floor level when the accident happened. The area in question will be the gaming area in the completed casino. Scott Allen, OSHA’s regional spokesperson, said their investigation of the accident would probably take about a month to complete.

The cause of the collapse is still undetermined. Although the weather has been wet in the area, experts thought it unlikely to be the cause. A construction forensics professor at Ohio State University said that “concrete pouring is very common” and that “you cannot go wrong unless something happens with the connection.” Engineering experts said it was more likely an issue with the metal decking.

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Thanks for My 6th Year Running as a Construction Litigation Super Lawyer

May 16, 2022 — Christopher G. Hill - Construction Law Musings
It is with humility and a sense of accomplishment that I announce that I have been selected for the sixth straight year to the Virginia Super Lawyers in the Construction Litigation category for 2022. Add this to my recent election to the Virginia Legal Elite in Construction and I’ve had a pretty good year. As always, I am thrilled to be included on these peer-elected lists. So without further ado, thank you to my peers and those on the panel at Virginia Super Lawyers for the great honor. I feel quite proud to be part of the 5% of Virginia attorneys that made this list for 2020. The full lists of Virginia Super Lawyers will appear in the May edition of Richmond Magazine. Please check it out. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Climate Disasters Are an Affordable Housing Problem

October 01, 2024 — Juan Pablo Garnham & Arjuna Heim - Bloomberg
When Maui was devastated by wildfires in August 2023, some residents were initially fortunate. The neighborhood of Makawao, for example, was spared the worst effects of the fire that engulfed Lahaina, 35 miles to the west. Recently, though, we met a woman in that neighborhood who faces a different kind of threat: Her landlord has now demanded that she pay double her rent or face eviction. As housing advocates in the region, we’ve heard stories like this repeatedly, as residents report an acute fear of displacement and homelessness. A year after the fires killed more than 100 people, displaced 12,000 and disrupted the economy of the island, the disaster lingers for many in Maui and Hawai'i. Rents across the island have increased sharply, offering a cautionary tale for the rest of the US about how climate change, a housing crisis and the lack of adequate public policies can multiply the suffering of a community already in pain. Read the court decision
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Reprinted courtesy of Bloomberg

Vancouver’s George Massey Tunnel Replacement May Now be a Tunnel Instead of a Bridge

January 06, 2020 — Tim Newcomb - Engineering News-Record
The constant political back-and-forth in British Columbia, Canada, over how to deal with an aging George Massey Tunnel, opened in 1959, has ping-ponged from uncertainty to a $3.5 billion, 10-lane bridge, back to uncertainty, to no bridge and now to an eight-lane submerged tunnel. Tim Newcomb, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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Four Common Construction Contracts

August 26, 2015 — Garret Murai – California Construction Law Blog
Like Baskin Robins, construction contracts come in a variety of different flavors although, thankfully, significantly fewer than 31. Here are four of the more common types of construction contracts between project owners and contractors: Fixed Price Fixed price construction contracts, also commonly referred to as “lump sum” or “stipulated sum” contracts, are the most common types of construction contracts. As its name suggests, under a fixed price contract a contractor agrees to construct a project for a “fixed” or agreed upon price. 1. Benefits: Fixed price construction contracts provide price predictability for project owners because absent changes in the scope of work, unforeseen conditions, or other circumstances which might cause the “fixed” price of the contract to go up or down, the contractor is required to complete the work for the agreed upon price. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

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