Fairfield Connecticut Building Expert Directory

Second Circuit Brings Clarity To Scope of “Joint Employer” Theory in Discrimination Cases

May 02, 2022 — Kevin J. O’Connor, Aaron C. Schlesinger & Lauren R. Davis - ConsensusDocs
The “joint employer” doctrine has been used with increasing frequency by the plaintiffs’ bar to broaden the scope of target defendants in discrimination cases beyond those who would be traditionally regarded as the employer. This is true even in the construction industry, which has seen a rise in cases where general contractors (“GC”) or construction managers (“CM”) are being targeted when discrimination is alleged on a construction project, even when the GC or CM is far removed from the underlying events and had no control over the employees in question. Examples of this phenomenon are where a claim of harassment or discrimination originates in the lower tier ranks of subcontractors, or even where there is a claim involving an independent contractor on a project and a discrimination lawsuit ensues. Until now, the Courts in the federal circuit which includes New York City (the Second Circuit) have been left to decipher a patchwork of case law to ascertain the scope and extent of joint employer liability in discrimination cases. In a move that is certainly welcomed by contractors, the Second Circuit Court of Appeals in Felder v. United States Tennis Association, et al., 19-1094, recently issued a comprehensive decision which provides a helpful summary of what must be pled and proven to broaden liability under the joint employer theory in discrimination cases. Felder provides a roadmap for risk mitigation by contractors looking to limit such claims in the future or to meet them head on when they do arise. Reprinted courtesy of Kevin J. O’Connor, Peckar & Abramson (ConsensusDocs), Aaron C. Schlesinger, Peckar & Abramson (ConsensusDocs) and Lauren R. Davis, Peckar & Abramson (ConsensusDocs) Mr. O'Connor may be contacted at koconnor@pecklaw.com Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Ms. Davis may be contacted at ldavis@pecklaw.com Read the court decision
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Nine ACS Lawyers Recognized as Super Lawyers – Two Recognized as Rising Stars

August 26, 2024 — Ahlers Cressman & Sleight PLLC
Going outside the norm of our blogs, which usually discuss construction related issues, Ahlers, Cressman, & Sleight is pleased to announce that nine members of our firm have been selected to the 2024 Washington Super Lawyers list. Each year, a rigorous process that involves a nomination by peers and a third-party verification of honors, awards, verdicts, settlements, and other criteria relating to their work as an attorney, aims to select no more than five percent of the lawyers in Washington state from no more than seventy practice areas for this distinction. As mentioned, the first step in the process is to be evaluated on their work as an attorney, next candidates are evaluated by their peers and given ratings based on the information known about their work. Finally, candidates are grouped into four firm-size categories and final selections are made. The grouping process is done so that candidates are compared fairly to their peers by firm size, eliminating the potential unfairness that comes with comparing large and small firm outcomes and attorney practices. The Rising Star list involves an even narrower criteria than the Super Lawyers list. The initial process is the same, however, candidates for the Rising Stars list must be under the age of forty or have less than ten years of experience. For this category less the two and a half percent of lawyers in Washington are selected, making this quite a feat for those who have accomplished the honor. Read the court decision
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Reprinted courtesy of Ahlers Cressman & Sleight PLLC

California Booms With FivePoint New Schools: Real Estate

May 13, 2014 — John Gittelsohn – Bloomberg
FivePoint Communities Management Inc. is already constructing a school at its Great Park Neighborhoods project in Irvine, California, for 1,000 elementary and middle school students even as it’s still building the first 700 homes. “We build the schools ahead of time,” said Emile Haddad, chief executive officer of Aliso Viejo, California-based FivePoint, which has permits for about 10,000 homes at Great Park. “That way we always have them ready.” Local schools, along with parks and recreation facilities, have long been draws for buyers in new communities. Now, as school districts face tight construction budgets and homebuilders compete to attract families able to qualify for mortgages, developers are taking the lead on school construction instead of waiting for local governments to do the job. Read the court decision
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Reprinted courtesy of John Gittelsohn, Bloomberg
Mr. Gittelsohn may be contacted at johngitt@bloomberg.net

Re-Entering the Workplace: California's Guideline for Employers

May 18, 2020 — Daniel Schneider – Newmeyer Dillion
When the California stay at home orders ultimately expire and Californians start to slowly transition back into the workplace, it will be critical for employers to have protocols in place which can best ensure the safety of their employees and that can continue to protect the public-at-large from the on-going spread of COVID-19. Recognizing the importance of this endeavor, the Governor's office last week released the COVID-19 Industry Guidance for Office Workspaces and Cal/OSHA General Checklist in order to provide guidance to businesses wanting to support a safe, clean environment for their employees. While the guidance is quick to point out that it is not intended to revoke or repeal any additional rights an employee may have to be protected in the workplace, and that it is not to be considered exhaustive of the steps employers need to take in order to protect their employees, the guidance does provide a useful roadmap for businesses to consider when establishing a robust plan that will best serve to protect employees from the spread of COVID-19 in the workplace. Newmeyer Dillion continues to follow COVID-19 and its impact on your business and our communities. Feel free to reach out to us at NDcovid19response@ndlf.com or visit us at www.newmeyerdillion.com/covid-19-multidisciplinary-task-force/. Read the court decision
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Reprinted courtesy of Daniel Schneider, Newmeyer Dillion
Mr. Schneider may be contacted at daniel.schneider@ndlf.com

Hunton Insurance Lawyer, Adriana Perez, Selected to the National Association of Women Lawyers’ 2023 Rising List

March 27, 2023 — Hunton Insurance Recovery Blog
Congratulations to Adriana Perez on her selection to the National Association of Women Lawyers’ (NAWL) 2023 Rising List. Adriana is a member of Hunton Andrews Kurth’s national Insurance Recovery practice and is based in the Firm’s Miami, Florida office. Hunton Insurance Recovery Partner, Michael Levine, commented on the enormous success the team has had in recent years, with recognitions like Adriana’s being emblematic of the team’s high caliber practice and visibility. Team Head, Syed Ahmad, added that the recognition is a tribute to Adriana’s growth as a young lawyer and her trajectory to become an industry leader. Read the court decision
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Reprinted courtesy of Hunton Andrews Kurth LLP

Smart Contracts Poised to Impact the Future of Construction

November 12, 2019 — Frederick D. Cruz and Seth Wamelink - Construction Executive
In August 2018, the State of Ohio passed legislation making it easier for businesses in Ohio, including the construction industry, to use blockchain technology in business transactions, which can result in significant savings and increased efficiency if used correctly. Specifically, Senate Bill 220 amends the Uniform Electronic Transactions Act (Ohio Rev. Code. 1306.01, et seq.) and ensures that records (or signatures) secured through blockchain are legally binding. With the enactment of this bill, Ohio has joined several other states to allow their businesses to take advantage of this budding technology. While the implications of this enactment are widespread, the use of “smart contracts” utilizing blockchain technology is particularly helpful in the construction industry to streamline certain processes and increase efficiency. What is Blockchain? While blockchain technology is most commonly associated with cryptocurrency (e.g., Bitcoin), the technology has far greater applications as it can be used to “eliminate the middle-man” in a variety of transactions across a broad spectrum of industries. At its core, blockchain is a decentralized ledger that allows transacting parties to interact directly (i.e., peer-to-peer) in a secure manner. Essentially, the blockchain “ledger” is where users record transactions. These transactions are then verified, viewed, and shared with others in the network. The information is stored across a peer network and allows for approved users to view the data simultaneously. It is often analogized to using GoogleDocs, where multiple people can access and edit the same document simultaneously. While that is an easy comparison, blockchain itself is a bit more complex. Reprinted courtesy of Frederick D. Cruz & Seth Wamelink, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Cruz may be contacted at frederick.cruz@tuckerellis.com Mr. Wamelink may be contacted at seth.wamelink@tuckerellis.com Read the court decision
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Partner John Toohey and Senior Associate Sammy Daboussi Obtain a Complete Defense Verdict for Their Contractor Client!

December 11, 2023 — Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is excited to share that Newport Beach attorneys John Toohey and Sammy Daboussi obtained a complete defense verdict after years-long litigation in favor of their concrete contractor client. This lawsuit arises from a claim made by Plaintiff for construction defects in a high-end single-family home. Our client was hired to perform concrete work on the foundations of the home. It was alleged that the home’s foundation was incorrectly built. It was further alleged that the construction defects/errors led to delays and substantial expenses. We argued that our client relied on the certifications provided to them by design professionals and the City. We further argued that our client, like any reasonable concrete/foundation subcontractor, has no responsibility or obligation, contractual or otherwise, to review and recheck the work completed by a licensed professional. Read the court decision
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Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

Fourth Circuit Rejects Application of Wrap-Up Exclusion to Additional Insured

December 11, 2018 — K. Alexandra Byrd & Samantha M. Oliveira - Saxe Doernberger & Vita, P.C.
Utilizing an owner-controlled or contractor-controlled insurance program (collectively known as “wrap-ups”) can reduce claims, save costs, and give owners and general contractors comfort in knowing their project is adequately insured. However, problems often arise when a subcontractor doesn’t enroll in the wrap-up and, instead, agrees to provide additional insured coverage to the owner and general contractor on the subcontractor’s own general liability policy. One of those problems is the prevalence of wrap-up exclusions on subcontractors’ general liability policies. If the wrap-up exclusion is too broadly drafted, the exclusion can eliminate coverage for the general contractor and owner even when the subcontractor is not enrolled in the wrap-up. Reprinted courtesy of K. Alexandra Byrd, Saxe Doernberger & Vita, P.C. and Samantha M. Oliveira, Saxe Doernberger & Vita, P.C. Ms. Byrd may be contacted at kab@sdvlaw.com Mr. Oliveira may be contacted at smm@sdvlaw.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES