Fairfield Connecticut Building Expert Directory

The Anatomy of a Construction Dispute Stage 3- The Last Straw

January 28, 2015 — Christopher G. Hill – Construction Law Musings
Over the past two weeks here at Construction Law Musings, I’ve discussed the first two stages of a typical construction dispute (if such a thing exists): the claim, and how to bring heat short of litigation/arbitration. As promised, this week I’ll be discussing the next step or “last straw” in a construction dispute, namely, arbitration or litigation to enforce all of those rights that you preserved in the first two stages. Construction litigation is expensive, time consuming, and, quite frankly, a pain in the neck. Because of this fact, I almost always recommend that my construction clients exhaust all of the non-litigation methods (including mediation of course) of resolving their disputes prior to “going nuclear” and filing suit. Unfortunately, even the most diligent attempts at less formal resolution means can be unfruitful and more formal means become necessary. Read the court decision
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Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Record Home Sales in Sydney Add to Bubble Fear

March 05, 2015 — Michael Heath – Bloomberg
Sydneysiders wanting to sell their homes have never had it easier. The proportion of successful house auctions in Australia's largest city was above 80% at the weekend for the fourth week in a row. That is the longest stretch on record and highlights the potential consequences of a projected interest-rate cut. Governor Glenn Stevens's effort to revive business investment with cheap finance is adding fuel to the country's biggest property market. Home sellers may get a further boost, with 18 of 29 economists forecasting a 25-basis-point cash rate reduction on Tuesday. Read the court decision
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Reprinted courtesy of Michael Heath, Bloomberg

Consequential Damages From Subcontractor's Faulty Work Constitutes "Property Damage" and An "Occurrence"

September 03, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The New Jersey appellate court found that the unintended and unexpected consequential damages caused by the subcontractor's defective work constituted "property damage" and an "occurrence." Cypress Point Condo. Ass'n v. Adria Towers, L.L.C., 2015 WL 4111890 (N.J. Super. Ct. App. Div. July 9, 2015). The insured developer hired subcontractors to perform all of the construction work at a condominium project. The subcontractors failed to properly install the roof, flashing, gutters and leaders, brick and EIFS facade, windows, doors and sealants. The AOAO sued the developer, who served as the general contractor, its insurers, and various subcontractors.The AOAO conceded that replacement costs did not constitute "property damage" and an "occurrence" under the policy. The faulty workmanship, however, also caused consequential damages to the common areas and unit owners' property, including damage to steel supports, exterior sheathing and interior sheathing and sheetrock, insulation and other interior areas of the building. Nevertheless, the trial judge determined there was no property damage or "occurrence", and granted summary judgment to the insurers. 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

What Types of “Damages Claims” Survive a Trustee’s Sale?

February 28, 2018 — Ben Reeves – Real Estate Litigation blog / Snell & Wilmer
Introduction Arizona’s trustee’s sale statutory scheme provides for the waiver of all defenses and objections to a trustee’s sale that: (i) are not raised prior to the sale, and (ii) do not result in an injunction against the sale going forward. See A.R.S. § 33-811(C). In other words, if you have an objection to a trustee’s sale, you must seek and obtain an injunction prior to the sale or your objection will be waived. Arizona’s Court of Appeals previously held that notwithstanding this statutory waiver, “common law” defenses to repayment of the debt survive a non-judicial foreclosure even in the absence of an injunction prior to the sale. See Morgan AZ Financial, L.L.C. v. Gotses, 235 Ariz. 21, 326 P.3d 288 (Ct. App. 2014). Our analysis of the Morgan decision can be found here. In Zubia v. Shapiro, 243 Ariz. 412, 408 P.3d 1248 (2018), the Arizona Supreme Court revisited the issue of what claims survive a trustee’s sale, and clarified that if a person fails to enjoin a trustee’s sale prior to its occurrence, then that person waives any and all damages claims dependent upon a trustee’s sale. That person does not, however, waive damages claims that are independent of the sale. Thus, determining what types of claims are “dependent” versus “independent” of a trustee’s sale is of critical importance to lenders and borrowers alike. Read the court decision
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Reprinted courtesy of Ben Reeves, Snell & Wilmer
Mr. Reeves may be contacted at breeves@swlaw.com

US Secretary of Labor Withdraws Guidance Regarding Independent Contractors

June 21, 2017 — Tanya Salgado - White and Williams LLP
The United States Secretary of Labor has withdrawn an informal guidance regarding independent contractors issued in 2015. We reported on the 2015 Administrator’s Interpretation here. The 2015 Interpretation provided a detailed explanation of the economic realities test, which is used to determine whether a worker is to be classified as an independent contractor or an employee under the Fair Labor Standards Act (FLSA). While the 2015 Interpretation did not change existing case law on independent contractor status, it was seen as sending a signal from the Department of Labor (DOL) regarding the agency’s focus. The DOL concluded the 2015 Interpretation with the statement, “most workers are employees under the FLSA’s broad definitions…” Just as the DOL’s 2015 Interpretation did not change existing case law, the DOL’s withdrawal of the Interpretation does not change the law in any way. The economic realities test remains the legal standard for determining independent contractor status under the FLSA. Read the court decision
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Reprinted courtesy of Tanya Salgado, White and Williams LLP
Ms. Salgado may be contacted at salgadot@whiteandwilliams.com

Nomos LLP Partner Garret Murai Recognized by Best Lawyers®

September 18, 2023 — Garret Murai - California Construction Law Blog
Nomos LLP Partner Garret Murai has been recognized by Best Lawyers® in its 30th edition of The Best Lawyers in America® in the area of Construction Law for 2024. This is the the first year Garret has been recognized by Best Lawyers®. Reprinted courtesy of Garret Murai, Nomos LLP Mr. Murai may be contacted at gmurai@nomosllp.com Read the full story... Read the court decision
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What Lies Beneath

April 10, 2023 — Grace Austin - Construction Executive
Industry experts call it the “Wild Wild West,” and it certainly could be considered a new frontier: private utility locating. While public utility locating is familiar territory, private utility locating is decidedly newer—and already changing rapidly. Public or private, utility location is imperative to safe and cost-effective construction. Hidden utilities can lead to damage, driving up costs and causing unexpected project delays. They can also be dangerous to both workers and the public, causing injuries and even deaths. The Common Ground Alliance’s 2021 DIRT Report—which compiles information from CGA’s Damage Information Reporting Tool program—found that natural gas and telecommunications were the leading utilities damaged. DIRT received more than 230,000 reports on damages and near-misses in 2021. Clearly, the industry can do better. CALL BEFORE YOU DIG Utility location mapping in the United States began in earnest in the mid-20th century, according to GPRS, a private utility-mapping company that was founded in 2001. As postwar development shifted into high gear, the utility industries realized that power, water, gas, phone and other utilities were now being installed in the ground—and there needed to be a better system to prevent service disruptions and accidents. Reprinted courtesy of Grace Austin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Pending Home Sales in U.S. Increase Less Than Forecast

October 29, 2014 — Michelle Jamrisko – Bloomberg
The number of contracts to buy existing homes rose less than forecast in September, signaling demand will probably plateau heading into the end of 2014. The pending home sales index increased 0.3 percent after dropping 1 percent in August, the National Association of Realtors said today in Washington. The median projection in a Bloomberg survey of economists called for a 1 percent gain. Home resales have yet to regain last year’s peak as still-tight credit and low inventories remain hurdles for the industry, which means residential real estate will make a limited contribution to the expansion. The recent drop in mortgage rates and pickup in hiring will probably help underpin demand, even as first-time buyers struggle to enter the market. Read the court decision
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Reprinted courtesy of Michelle Jamrisko, Bloomberg
Ms. Jamrisko may be contacted at mjamrisko@bloomberg.net

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