Fairfield Connecticut Building Expert Directory

Appellate Court Reinforces When the Attorney-Client Relationship Ends for Purposes of “Continuous Representation” Tolling Provision of Legal Malpractice Statute of Limitations

October 20, 2016 — Stephen J. Squillario & David W. Evans – Haight Brown & Bonesteel, LLP
In Gotek Energy, Inc. v. Socal IP Law Group, LLP (No. B26668, October 12, 2016), the Second District Court of Appeal held that rather than the date on which a client file is transferred to new counsel, the attorney-client relationship ends for statute of limitations purposes when, using an objective standard, there is no “ongoing mutual relationship” nor evidence of “activities in furtherance of the relationship.” (Emphasis in opinion.) Reprinted courtesy of Stephen J. Squillario, Haight Brown & Bonesteel LLP and David W. Evans, Haight Brown & Bonesteel LLP Mr. Squillario may be contacted at ssquillario@hbblaw.com Mr. Evans may be contacted at devans@hbblaw.com Read the court decision
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Building Stagnant in Las Cruces Region

November 20, 2013 — CDJ STAFF
There was an increase in the number of building permits issued in Las Cruces, New Mexico through the first ten months of 2013, but the 2,162 permits represent only a minimal increase over last year’s 2,158 permits. To make matters worse for building suppliers and workers, builders can “pull all the permits for a subdivision at one time but might not start some of those for six months,” said Lee Rawson, the owner of Rawson Builders Supply. For a comparison, during the building boom of 2006, Las Cruces issued 3,529 building permits. The values are down too. Although fewer permits were issued in 2012, their valuation was $147 million, while the marginally larger number in 2013 is worth only $128 million. As a result, the area is losing skilled labor. After 25 consecutive months of declining construction, workers are leaving the construction industry. Mr. Rawson noted that “you can’t just go find that skilled labor, it doesn’t exist.” Read the court decision
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Contract Disruptions: Navigating Supply Constraints and Labor Shortages

January 24, 2022 — Greg Ross & Tim Lynch - Construction Executive
The biggest worries in today’s economy—supply chain disruptions, labor shortages and the worst inflation in decades—are creating big headaches in the construction industry. What’s worse, large projects underway are often based on contracts hammered out pre-pandemic, before the uncertainties and disruptions that spread around the globe with COVID-19. Construction firms find themselves executing on contracts signed when the potential for delayed timelines and rising costs seemed more remote. A recent report from the U.S. Chamber of Commerce finds almost all contractors (93%) say they are experiencing a shortage of an important product such as steel, lumber or copper. A rising number of companies on commercial projects (54%) also cite difficulty finding skilled workers. Grant Thornton clients, among them some of the country’s biggest construction companies, report that sourcing materials and hiring workers is a bigger challenge today—and more expensive—than at any other time in recent decades. Reprinted courtesy of Greg Ross and Tim Lynch, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Future Army Corps Rulings on Streams and Wetlands: Changes and Delays Ahead

November 06, 2023 — Mark Sudol - Engineering News-Record
New regulations published by the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers dramatically reduce federal protections of previously regulated streams and wetlands. This change will lead to further controversy and litigation as the legal terms are applied to physical features on the ground leading to conflicting interpretations by the regulated public, environmentalists and federal agencies. Reprinted courtesy of Mark Sudol, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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Avoid L&I Violations by Following Appropriate Safety Procedures

November 07, 2022 — Reeya Patel - Ahlers Cressman & Sleight PLLC
Department of Labor and Industries of the State of Washington v. Roof Doctor, Inc. d/b/a Roof Doctors, Inc. of Tacoma (Unpublished opinion) Roof Doctor, a company engaging maintenance of roofs, was hired to complete work for a commercial building in Tacoma in February 2018. During the job, Roof Doctor was cited for two violations by a Washington State Department of Labor and Industries’ (L&I) compliance inspector and seven additional asbestos violations. Each citation was rated with a probability of 1 – 3 to determine the likelihood of injury, illness, or disease. The ratings allowed issuance of an appropriate monetary penalty. The disputes among the parties on appeal were as follows: First, L&I and Roof Doctor disputed the asbestos probability ratings and calculated penalties. L&I produced as evidence, the fact that nine employees were physically hanging roofing material with asbestos, but none had training or knew that the material contained asbestos. L&I did agree that that most of the employees were experienced in handling roofing material and knew of the dangers that asbestos presented. Roof Doctor explained that because the employees were working outdoors, the danger of asbestos exposure was mitigated due to a low probability that a high concentration of asbestos could be inhaled by the employees when outdoors. Read the court decision
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Reprinted courtesy of Ahlers Cressman & Sleight PLLC

Contractor’s Unwritten Contractual Claim Denied by Sovereign Immunity; Mandamus Does Not Help

September 22, 2016 — David R. Cook Jr. – AHHC Construction Law Blog
In a very well-reasoned opinion, the Supreme Court of Georgia upheld the denial of a contractor’s unwritten-contract claim against a county based on sovereign immunity. Based on an alleged oral contract, Contractor built a sewer pumping station for the County in exchange for an interest in the station’s pumping capacity. When the County denied Contractor’s demand for an interest, he filed suit. As noted in many prior posts, the Georgia constitution reaffirms sovereign immunity of the state – which the courts interpret to include counties. One common exception in the public works area is the Constitution’s “ex contractu clause,” which waives sovereign immunity for claims based on written contracts. Of course, a precondition to the waiver of sovereign immunity is the existence of a written contract – which Contractor did not have. Applying these rules, the court affirmed the denial of Contractor’s claims based on contract and quasi contract. In the absence of a written contract, there can be no contractual claim against the County. The same rule applies for quasi-contractual claims. Read the court decision
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Reprinted courtesy of David R. Cook, Autry, Hanrahan, Hall & Cook, LLP
Mr. Cook may be contacted at cook@ahclaw.com

Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible

April 12, 2021 — Todd Likman - Colorado Construction Litigation
As litigators we have all been there: nearing the end of a hard-fought mediation that lasted all day. Your significant other texts to ask what is for dinner; daycare closes in thirty minutes; the dog needs to be let out. The mediator, a retired judge, gently reminds you of his prior commitment—a speaking engagement at a volunteer charity dinner event that night. Though the parties started the day at opposite ends of the spectrum, after numerous counteroffers, persistent negotiation, and mediation tactics, they finally strike a deal. As the mediator prepares a document memorializing the terms of settlement, the parties wait with bloodshot eyes, and a sense of guarded accomplishment considering compromises were made, but alas, an outcome seems certain. You text your significant other to indicate that you will pick something up for dinner on your way home. Then, the mediator informs you that computer problems are preventing finalization and transmission of the document for signature. The mediator offers to send an e-mail setting forth the material settlement terms and asks each party to respond via e-mail to confirm the terms are correct, which the parties do. After a quick e-mail to your experts and case team asking them to cease trial preparation work, you leave for home. Read the court decision
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Reprinted courtesy of Todd Likman, Higgins, Hopkins, McLain & Roswell
Mr. Likman may be contacted at likman@hhmrlaw.com

The Roads to Justice: Building New Bridges

August 23, 2021 — Aileen Cho - Engineering News-Record
Former U.S. Dept. of Transportation Secretary Anthony Foxx grew up on “the wrong side of the tracks.” “My home was a stone’s throw from Interstates 85 and 77,” recalls Foxx, who grew up in Charlotte, N.C., and served as DOT Secretary from 2013-17 under President Barack Obama. “The airport was nearby. Planes flew at low altitude over our house. Whether or not I was using the system, I sure heard and saw a lot of it.” Desirable areas to live were far away from transportation infrastructure, “and the property values of those living near these projects was diminished.” Reprinted courtesy of Aileen Cho, Engineering News-Record Ms. Cho may be contacted at choa@enr.com Read the full story... Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES