Fairfield Connecticut Building Expert Directory

New Jersey Law Firm Announces $4 Million Settlement from Construction Site Accident

November 11, 2024 — Greenberg Minasian, LLC
WEST ORANGE, N.J., Nov. 07, 2024 (GLOBE NEWSWIRE) -- Greenberg Minasian, LLC, a personal injury law firm located in Essex County, New Jersey, has announced a $4 million settlement stemming from a roofer who suffered serious injuries after a construction site fall. Veteran trial attorney Mitchell Goldstein represented the injured client, who suffered multiple fractures and injuries, permanently affecting his ability to work. In 2018, Robert Smith, who was 61 at the time, fell backward through or over a temporary guard rail at the American Dream Mall in East Rutherford, NJ. The 30-foot fall caused him to suffer serious injuries to his pubis, sacrum, clavicle, and humerus, leading to multiple surgeries and a hip replacement. On behalf of his client, Mr. Goldstein brought suit against the mall developer and construction company, successfully arguing that the temporary guardrails were improperly constructed and insufficiently elevated according to Occupational Safety and Health Administration (OSHA) guidelines. The case was settled just two days before trial, marking a significant victory for the plaintiff and his family. Despite the defense's attempt to argue that Mr. Smith was responsible for his fall, Goldstein was able to refute their claims, asserting that the temporary guardrail's improper construction directly led to the accident. About Greenberg Minasian LLC Based in West Orange, Greenberg Minasian represents clients who have been seriously injured as the result of negligence by others. The firm handles cases anywhere in New Jersey including West Orange, Jersey City, Newark, Essex County and all surrounding areas. The firm continues to achieve the highest awards for its clients and families. Read the court decision
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Resurgent Housing Seen Cushioning U.S. From World Woes: Economy

January 28, 2015 — Steve Matthews – Bloomberg
(Bloomberg) -- Real estate developer Crescent Communities in Charlotte, North Carolina, expects to sell 1,000 new homes this year across the Southeast U.S. and Texas, double the number of two years ago. “Demand is the strongest since the recession” that ended in June 2009 and stemmed from the collapse in housing, said Chief Executive Officer Todd Mansfield. “The economy is getting better and the labor market is getting better.” Read the court decision
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Reprinted courtesy of Steve Matthews, Bloomberg
Mr. Matthews may be contacted at smatthews@bloomberg.net

California Court Holds No Coverage Under Pollution Policy for Structural Improvements

October 02, 2018 — Brian Margolies - TLSS Insurance Law Blog
In its recent decision in Essex Walnut Owner L.P. v. Aspen Specialty Ins. Co., 2018 U.S. Dist. LEXIS 138276 (N.D. Cal. Aug. 15, 2018), the United States District Court for the Northern District of California had occasion to consider the issue of a pollution liability insurer’s obligation to pay for the redesign of a structural support system necessitated by the alleged presence of soil contamination. Aspen’s insured, Essex, owned a parcel of property it was in the process of redeveloping for commercial and residential purposes. The project required excavation activities in order to construct an underground parking lot, and as part of this process, Essex designed a temporary shoring system comprising tied-in retaining walls in order to stabilize the area outside of the excavation. During the excavation work, construction debris was encountered requiring removal. Aspen agreed to pay for a portion of the costs to remove and dispose the debris under the pollution liability policy it issued to Essex. Read the court decision
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Reprinted courtesy of Brian Margolies, Traub Lieberman Straus & Shrewsberry LLP
Mr. Margolies may be contacted at bmargolies@tlsslaw.com

Ex-Engineered Products Firm Executive Convicted of Bid Rigging

March 06, 2022 — James Leggate - Engineering News-Record
A federal jury convicted a former executive at an engineered construction products firm Feb. 1 for his role in a bid-rigging scheme that targeted the North Carolina Dept. of Transportation. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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Construction Litigation Roundup: “Stop - In the Name of the Law!”

August 07, 2023 — Daniel Lund III - Lexology
In a 5-4 decision, the United States Supreme Court settled a split among the federal appellate circuits on whether appeal of a district court refusal to compel arbitration stays the underlying litigation in the district court. Having been denied relief by the district court on its motion to compel arbitration, plaintiff filed an interlocutory appeal to the Ninth Circuit under the Federal Arbitration Act, 9 U. S. C. §16(a), which authorizes an interlocutory appeal from the denial of a motion to compel arbitration. Plaintiff asked the district court to stay its proceedings pending resolution of the interlocutory appeal. The district court refused, and the Ninth Circuit also declined to stay the lower court proceedings pending appeal. Read the court decision
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Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

Private Mediations Do Not Toll The Five-Year Prosecution Statute

April 28, 2016 — Zachary P. Marks – Chapman Glucksman Dean Roeb & Barger In Focus
If you thought private mediation could toll the five-year period for case prosecution – think again. In a recent decision handed down by the Second District Court of Appeal, the court unequivocally held that voluntary, private mediations do not toll the five-year period before dismissal for failure to bring an action to trial. California Code of Civil Procedure section 583.310 sets forth the applicable rule: “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” Section 1775.7(b) clarifies this rule, stating that the five-year period can be tolled if it is “submitted to mediation” within the final six months of the five-year period. However, the Code is silent with respect to the effect of tolling on public versus private mediations. The Court of Appeal addressed this issue in its recent decision entitled Castillo v. DHL Express (USA) (2015) 243 Cal.App.4th 1186. Castillo was an employment class action brought by truck drivers against their employers. Plaintiffs argued that the case was “submitted to mediation” within the meaning of Section 1775.7(b) because the court’s Case Management Order reflected the fact that the parties agreed to pursue mediation. Conversely, defendants argued that the Case Management Statement clearly stated that the parties voluntarily agreed to a private mediation, not a court-ordered mediation. Read the court decision
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Reprinted courtesy of Zachary P. Marks, Chapman Glucksman Dean Roeb & Barger In Focus
Mr. Marks may be contacted at zmarks@cgdrblaw.com

Utah Supreme Court Allows Citizens to Block Real Estate Development Project by Voter Referendum

June 10, 2019 — Sean M. Mosman & Mark O. Morris - Snell & Wilmer Under Construction
The Utah Supreme Court recently decided Baker v. Carlson, 2018 UT 59, which considered a developer’s ongoing effort to build a mixed-use, part-residential and part-commercial development on the site of the long-defunct Cottonwood Mall located in Holladay, Utah. On November 28, 2018, the Supreme Court affirmed the Third District Court’s ruling that a voter referendum to block the development was valid. This ruling calls into question the certainty of investment-backed real estate decisions in Utah and thus could carry negative implications for the Utah construction and real estate development communities. The Cottonwood Mall opened in the early 1960s, and for several decades was a popular regional shopping destination. But the mall fell on financial hard times in the mid-1990s, and since 2007 the 57-acre lot has sat vacant. Around that time, the owner of the lot made plans to redevelop it, and asked Holladay City to rezone the site to permit mixed uses. In response, the City rezoned the lot as Regional/Mixed-Use (R/M-U). The City also created a process to control the development of an R/M-U zone, requiring prospective builders to first submit a site development master plan—which sets forth guidelines for the overall development and design of the site—to the City for approval. After the City approves a master plan, the developer must enter into a development agreement with the City, giving the developer certain rights and addressing other development-related issues. Reprinted courtesy of Sean M. Mosman, Snell & Wilmer and Mark O. Morris, Snell & Wilmer Mr. Mosman may be contacted at smosman@swlaw.com Mr. Morris may be contacted at mmorris@swlaw.com Read the court decision
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When a Construction Lender Steps into the Shoes of the Developer, the Door is Open for Claims by the General Contractor

February 18, 2015 — Kevin Brodehl – California Construction Law Blog
Thank you to my partner Garret Murai for giving me the opportunity to post again on his excellent California Construction Law Blog. I am the author/editor of the Money and Dirt Blog, where I focus on issues relating to real estate investment, development, and secured lending. On the Money and Dirt Blog, I recently posted an article on an interesting new secured lending opinion from the California Court of Appeal (Fourth District in Riverside), California Bank & Trust v. Del Ponti. That blog post focused on guaranty liability, and the court’s holding that there are limits to the defenses that a guarantor can lawfully waive. But that same decision also highlights valuable lessons regarding the relationship between construction lenders and general contractors in distressed projects, which I’ll cover here. In short, the court held that when a construction lender “steps into the shoes” of the developer to manage a distressed project, the lender might open the door to liability to the general contractor under theories of breach of contract and promissory estoppel. Read the court decision
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Reprinted courtesy of Kevin Brodehl, Wendel Rosen Black & Dean LLP
Mr. Bordehl may be contacted at kbrodehl@wendel.com

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