Fairfield Connecticut Building Expert Directory

Hospital Settles Lawsuit over Construction Problems

December 04, 2013 — CDJ STAFF
The Medical Arts Hospital in Lamesa, Texas has settled a lawsuit against its general contractor, roofing contractor, and two insurance companies for $3.7 million, over alleged construction problems. Ray Stephens, president of the hospital’s board said, “we got enough to fix the major problems and that was our goal in the beginning.” With the settlement, the lawsuit has been dismissed by the court. Read the court decision
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Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation

August 19, 2024 — David McLain - Higgins, Hopkins, McLain & Roswell, LLC
The Hill Hotel Owner LLC v. Hanover Insurance Company case has garnered attention due to its implications on the scope of attorney-client privilege in construction litigation. This blog post delves into the project’s background, the ensuing litigation, and the intricate work undertaken by attorneys and experts, highlighting the potential pitfalls associated with assumptions about privilege protections. Background of the Project Hill Hotel Owner LLC initiated a construction project in Boulder, Colorado, which included building a basement-level parking garage with an 18” thick concrete slab floor. The project utilized “void form,” a cardboard underlayment intended to create a gap between the foundation and the underlying soil. Unfortunately, the void form became wet and collapsed under the weight of the fresh concrete, causing considerable damage, and necessitating millions of dollars in remediation costs. Read the court decision
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Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

City Drops Impact Fees to Encourage Commercial Development

November 08, 2013 — CDJ STAFF
The Orvido, Florida city council wants to encourage commercial development, and they’re willing to do it by discouraging residential development. The impact fees for commercial buildings have dropped sharply, the Orlando Sentinel notes that for a 50,000 square-foot office building, the city is reducing the impact fee from $2,890 to $1,575, a drop of $1,313, nearly half. Meanwhile, the impact fee for single-family homes has seen an increase of seven percent, going from $3,195 to $3.433. The city is clear about its reasons. “We’re very heavy on the residential side. We want to have more high-paying jobs come into the city,” said Keith Britton, a member of the council. Read the court decision
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COVID-19 Response: Essential Business Operations: a High-Stakes Question Under Proliferating “Stay at Home” Orders

April 27, 2020 — Karen C. Bennett, Katherine I. Funk & Jane C. Luxton - Lewis Brisbois
An ever-expanding number of states and local government authorities are issuing “shelter in place” or “stay at home” orders that restrict the movement of employees of non-essential businesses. These orders have prompted many businesses to question whether they qualify as “essential,” requiring employees to continue working. With substantial differences among the stay at home orders – and even potential conflicts between state and local directives – it is a matter of extreme urgency for businesses to determine whether they fall within the definition of “essential,” particularly as many of these orders include civil and criminal penalties. Developments are unfolding very quickly, and clients we are advising are encountering law enforcement visits and threats of criminal prosecution as a consequence of decisions to stay open. As these designations are heavily fact-specific, and being revised, advance preparation and advice of counsel are essential. Reprinted courtesy of Lewis Brisbois attorneys Karen C. Bennett, Katherine I. Funk and Jane C. Luxton Ms. Bennett may be contacted at Karen.Bennett@lewisbrisbois.com Ms. Funk may be contacted at Katherine.Funk@LewisBrisbois.com Ms. Luxton may be contacted at Jane.Luxton@lewisbrisbois.com Read the court decision
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Landlord Duties of Repair and Covenant of Quiet Enjoyment

February 10, 2020 — Lawrence S. Glosser - Ahlers Cressman & Sleight PLLC
A recent case from Division I Washington Court of Appeals addressed both a landlord’s duties of repair and maintenance and the Covenant of Quiet Enjoyment in commercial leases. Votiv, Inc. v. Bay Vista Owner LLC, No. 78289-4-I, 2019 WL 4419446 (Wash. Ct. App., Sept. 16, 2019). The Plaintiff in that case leased an office space in a mixed-use residential/office/commercial building in Seattle. Although the ownership groups of the various portions of the building were each separate, the entire building was managed by defendant Bay Vista Owner LLC (“BVO”), that was also the Plaintiff’s landlord. There was a need to replace a deteriorating roof membrane to repair water intrusion into the building. The work involved significant demolition on the roof surface over the premises that Votiv, Inc. (“Votiv”), a music/media company, leased on the top floor. The repair work was done primarily during business hours causing significant disturbance to Votiv’s business operations. Votiv sued BVO and other defendants for, among other things, nuisance, breach of lease, constructive eviction, and breach of the covenant of quiet enjoyment. The trial court denied Votiv’s claim for injunctive relief and granted summary judgment to the Defendants. Read the court decision
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Reprinted courtesy of Lawrence S. Glosser, Ahlers Cressman & Sleight PLLC
Mr. Glosser may be contacted at larry.glosser@acslawyers.com

Quick Note: Aim to Avoid a Stay to your Miller Act Payment Bond Claim

February 23, 2017 — David Adelstein – Florida Construction Legal Updates
Strategy is important. This is especially true if you are trying to avoid arbitration. In a recent federal district court case, a subcontractor sued the prime contractor and the Miller Act payment bond surety. The subcontractor, however, had an arbitration provision in its subcontract with the prime contractor. The prime contractor moved to compel arbitration pursuant to the subcontract and moved to stay the subcontractor’s Miller Act payment bond claim. The last thing, and I mean the last thing, the subcontractor wanted to do was to stay its claim against the Miller Act payment bond. However, the district court compelled the subcontractor’s claim against the prime contractor to arbitration and stayed the subcontractor’s Miller Act payment bond claim pending the outcome of the arbitration. See U.S. v. International Fidelity Ins. Co., 2017 WL 495614 (S.D.Al. 2017). This is not what the subcontractor wanted. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

Lewis Brisbois Ranked Tier 1 Nationally for Insurance Law, Mass Tort/Class Actions Defense by U.S. News/Best Lawyers

November 21, 2022 — Lewis Brisbois
(November 3, 2022) - Lewis Brisbois has once again been ranked Tier 1 nationally by U.S. News & World Report/Best Lawyers for ‘Insurance Law’ and ‘Mass Tort Litigation / Class Actions – Defendants,’ as well as ranking Tier 1 in 14 different practice areas across 15 metro regions. In addition to Lewis Brisbois' national ranking, the firm also ranked Tier 1 for ‘Insurance Law’ in the Philadelphia, Reno, and Tampa metro areas, and Tier 1 for ‘Mass Tort Litigation / Class Actions – Defendants’ in the Los Angeles area. The firm was also ranked Tier 1 in the following regional categories:

‘Commercial Litigation’ in Akron;
‘Corporate Governance Law’ in San Francisco;
‘Corporate Law’ in Akron;
‘Environmental Law’ in Washington, D.C.;
‘Litigation - Health Care’ in Portland, Ore. and Roanoke;
‘Litigation – Municipal’ in Wichita;
‘Medical Malpractice Law – Defendants’ in Chicago and Roanoke;
‘Mergers & Acquisitions Law’ in Akron;
‘Personal Injury Litigation – Defendants’ in Chicago, Inland Empire, New York City, Orange County, Roanoke, and Seattle;
‘Product Liability Litigation – Defendants’ in Philadelphia;
‘Tax Law’ in Akron; and
‘Trusts & Estates Law’ in Akron.

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Reprinted courtesy of Lewis Brisbois

S&P Near $1 Billion Mortgage Ratings Settlement With U.S.

January 14, 2015 — Tom Schoenberg and Edvard Pettersson – Bloomberg
Standard & Poor’s is close to a settlement of about $1 billion with the U.S. for allegedly misleading investors about its ratings of mortgage-backed securities before the subprime crisis, a person familiar with the matter said. The McGraw Hill Financial Inc. (MHFI) unit and the Justice Department may agree to settle the case as early as this quarter, according to the person, who asked not to be identified because the negotiations are confidential. The Justice Department has secured settlements worth tens of billions of dollars during the past two years from mortgage lenders and banks it blamed for the 2008 financial crisis. Those companies generated unprecedented amounts of shoddy mortgages that were packaged and sold to investors as securities, many of which turned out to be worthless despite their investment-grade ratings. Mr. Schoenberg may be contacted at tschoenberg@bloomberg.net; Mr. Pettersson may be contacted at epettersson@bloomberg.net Read the court decision
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Reprinted courtesy of Tom Schoenberg and Edvard Pettersson, Bloomberg

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES