Fairfield Connecticut Building Expert Directory

Federal Magistrate Judge Recommends Rescission of Policies

February 12, 2024 — Craig Rokuson - Traub Lieberman
In the recent case of Union Mut. Fire Ins. Co. v. 142 Driggs LLC, 2023 U.S. Dist. LEXIS 220393, Magistrate Judge Lois Bloom of the United States District Court for the Eastern District of New York recommended granting the insurer's default judgment and holding that of three policies issued to 142 Driggs LLC ("Driggs") be rescinded ab initio. Driggs had represented on its insurance applications that it did not provide parking to anyone other than itself, tenants, and its guests at the subject insured premises. However, Union Mutual learned that Driggs had been renting out three garages to non-tenants. Second, Driggs represented that the mercantile square footage was around 1,000 square feet, when in actuality, it was larger than allowed under the policies. Union Mutual provided underwriting guidelines in connection with its default motion, which state that "parking provided for anyone other than the insured, tenants and their guests," presents an "unacceptable risk." The guidelines also state that answering yes to any "preliminary application questions (which presumably included those regarding mercantile square footage and parking) is an "unacceptable risk." The court held that these guidelines supported a finding that Driggs made material misrepresentation and that Union Mutual relied on these misrepresentations in issuing the policies. The court, as such, recommended that the policies at issue be rescinded from inception. Read the court decision
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Reprinted courtesy of Craig Rokuson, Traub Lieberman
Mr. Rokuson may be contacted at crokuson@tlsslaw.com

Amazon HQ2 Puts Concrete on an Embodied Carbon Diet

January 17, 2022 — Nadine M. Post - Engineering News-Record
Before the ground-breaking for Amazon’s 2.1-million-sq-ft Metropolitan Park office development across the Potomac River from the nation’s capital, Clark Construction Group’s John Swagart and Jeff King walked door to door, introducing themselves to shopkeepers near the MetPark site. The good-will ambassadors were pounding the pavement to inform MetPark’s neighbors of the plan to dig a 50-ft-deep hole—710 ft x 310 ft—and create two 22-story buildings. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
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Executing Documents with Powers of Attorney and Confessions of Judgment in PA Just Got Easier

October 27, 2016 — Thomas C. Rogers, Nancy Sabol Frantz and Susan Fetterman – White and Williams LLP
Certain tedious requirements in Pennsylvania for the execution of a document used in a commercial transaction which contains a power of attorney have been eliminated. Act 103 of 2016, which was signed by Governor Wolf on October 4, 2016, exempts certain powers of attorney from the requirement that it be acknowledged by a notary public as well as other formalities. Reprinted courtesy of White and Williams LLP attorneys Thomas C. Rogers, Nancy Sabol Frantz and Susan Fetterman Mr. Rogers may be contacted at rogerst@whiteandwilliams.com Ms. Frantz may be contacted at frantzn@whiteandwilliams.com Ms. Fetterman may be contacted at fettermans@whiteandwilliams.com Read the court decision
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Contractor Prevails in Part Against CalOSHA in Valley Fever Case

February 26, 2024 — Garret Murai - California Construction Law Blog
Fever. Specifically, Valley fever. Caused by the fungus Coccidioides. It lives in the top two to 12 inches of soil, can become airborne when the soil is exposed, and can cause respiratory illness and even death. And apparently, it is present in many parts of California particularly in the Central Valley and along the coast. Who knew? In Granite Construction Company v. Occupational Safety and Health Appeals Board, Case No. C086704 (2023), contractor Granite Construction was cited by CalOSHA for exposing its employees to Coccidioides at a large solar power plant known as California Flats Solar Project in Monterey California. The 3rd District Court of Appeal reversed in part. It should be noted that this case originally unpublished, it was then published, and then later depublished, so it should not be relied on for precedential value. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Can General Contractors Make Subcontractors Pay for OSHA Violations?

March 05, 2015 — Craig Martin – Construction Contractor Advisor
OSHA has long held the opinion that general contractors may be held liable for subcontractor’s OSHA violations and the Eighth Circuit Court of Appeals, overseeing the Midwest, has agreed since 2009. To combat this risk, general contractors would be well served to incorporate targeted indemnity provisions into their subcontracts that require subcontractors to pay for all claims and costs associated with subcontractor caused OSHA violations. OSHA’s Multi-Employer Policy OSHA’s Multi-Employer Policy, a/k/a OSHA Instruction CPL 02-00-124, allows OSHA to cite multiple employers at a single worksite for creating a hazard, or for failing to prevent or correct a hazard, even if their own workers are not exposed to the hazard. A ‘‘controlling’’ or ‘‘correcting’’ employer is liable for hazards that it did not take ‘‘reasonable care’’ to detect and prevent. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

Litigation Counsel of America Honors Partner Victor Anderson with Peter Perlman Award

November 10, 2016 — Victor R. Anderson, III – Haight Brown & Bonesteel LLP
Partner Victor R. Anderson, III received the Peter Perlman Service Award in recognition of his efforts to improve the lives of others through his community service and charity work. The awards are presented to select attorneys throughout the year by the Litigation Counsel of America (LCA) to candidates whose exemplary contributions merit commendation. The Litigation Counsel of America is a close-knit, peer-selected, and aggressively diverse honorary society of 3,500 of the best trial lawyers. Less than one-half of one percent of American lawyers, vigorously vetted for skills, expertise, and service are invited to be on the Counsel. Read the court decision
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Reprinted courtesy of Victor R. Anderson, III, Haight Brown & Bonesteel LLP
Mr. Anderson may be contacted at vanderson@hbblaw.com

Engineer Probing Champlain Towers Debacle Eyes Possibility of Three Successive Collapses

July 05, 2021 — Nadine M. Post - Engineering News-Record
Though the trigger may remain a mystery for some time, by the end of the week, the structural engineer probing the partial progressive collapse of a 40-year-old Surfside, Fla., residential condominium expects to complete a computer model of the unstable, 12-story remains of the building. The computer model of the still-standing wing of Champlain Towers South will initially be used to alert the search and rescue team to suspend operations if a hurricane is coming. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
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Emerging World Needs $1.5 Trillion for Green Buildings, IFC Says

December 11, 2023 — Natasha White - Bloomberg
The International Finance Corporation is looking to develop a guarantee facility for private investors to boost finance for greener construction in emerging markets, as growing populations, urbanization and industrialization are set to spur pollution far beyond safe limits. IFC, the world’s largest global development institution focused on the private sector in low-income countries, is working with its counterparts in the World Bank Group to “create a one-stop shop for guarantees offered to private investors,” Susan Lund, vice president for economics and private sector development, told Bloomberg in an interview. We have “really high aspirations to scale that up dramatically for climate finance and in particular for green buildings and decarbonizing the construction sector,” she said. Lund’s comments follow a recent speech given by World Bank President Ajay Banga who said the bank is working to better unify guarantee insurance across the institutions. Read the court decision
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Reprinted courtesy of Natasha White, Bloomberg

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