Fairfield Connecticut Building Expert Directory

ABC Chapter President Comments on Miami Condo Collapse

July 11, 2021 — Rachel O'Connell - Construction Executive
Peter Dyga, ABC Florida East Coast Chapter president, has been one of the go-to experts in the aftermath of the shocking collapse of the Champlain Towers South condo building in Surfside, Florida. As of publication, the death toll stands at 46 people and another 94 remain unaccounted for. On July 7, rescue officials announced the search would transition to a recovery operation at midnight on July 8, following the demolition of the remaining building over the July 4 weekend. Dyga sat down with Construction Executive to discuss the critical nature of this tragedy and to review potential next steps. Construction Executive: This incident has become national news. Why do you think the building collapse has garnered so much attention? Peter Dyga: Because of the enormity of the tragedy and because it’s so uncommon for a building to collapse on its own. Reprinted courtesy of Rachel O'Connell, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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What Should Business Owners Do If a Customer Won’t Pay

January 02, 2024 — Scott L. Baker - Los Angeles Litigation Blog
It should be simple: you provide a service, and your customer pays you for that service. Unfortunately, it is not always so simple. Not getting paid for your work can be one of the most frustrating issues, especially for small businesses. It also does not take much for money matters to lead to larger disputes. So, what should small business owners do in these cases? 1. Start with a reminder notice Most sources, including the U.S. Chamber of Commerce, agree that business owners should not begin by escalating the situation. Take time to review and fully understand the circumstances of this individual case. Then, begin with resending the invoice or sending reminders to pay. Read the court decision
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Reprinted courtesy of Scott L. Baker, Baker & Associates
Mr. Baker may be contacted at slb@bakerslaw.com

KF-103 v. American Family Mutual Insurance: Tenth Circuit Upholds the “Complaint Rule”

May 12, 2016 — Adria Robinson – Colorado Construction Litigation
In Colorado, the “complaint rule” requires insurance carriers to provide a defense to its insured when the allegations contained in the complaint allege any set of facts that may fall within an insurance policy. Some insurers have pushed back on this rule arguing that it may cause an insurer to exercise its duty to defend although the underlying facts ultimately do not fall within the policy. In KF 103-CV, LLC v. American Family Mutual Insurance Company, 2015 WL 6517782, the Tenth Circuit of the United States Court of Appeals upheld the complaint rule. In its decision, the Tenth Circuit cited several Colorado state court rulings recognizing the courts’ intent to incentivize insurers to defend policies that may facially fall within the terms of the policy. Where there is uncertainty about coverage, the Tenth Circuit cited a Colorado Supreme Court case stating, “[t]he appropriate course of action for an insurer who believes that it is under no obligation to defend, is to provide a defense to the insured under the reservation of its rights.” Read the court decision
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Reprinted courtesy of Adria Robinson, Higgins, Hopkins, McLain & Roswell, LLC
Ms. Robinson may be contacted at robinson@hhmrlaw.com

Solar Energy Isn’t Always Green

August 27, 2014 — Beverley BevenFlorez-CDJ STAFF
IEEE Spectrum reported that photovoltaics, used in Solar Energy, “varies substantially by technology and geography” and some emit chemical pollution. However, IEE Spectrum stated that “the industry could readily eliminate many of the damaging side effects that do exist.” One challenge is that “nearly half the world’s photovoltaics are manufactured in China” who, according to IEEE Spectrum, “typically [does] the worst job of protecting the environment and their workers.” It is also difficult for consumers to make choices based upon photovoltaic manufacturer practices, since solar energy doesn’t have a formal ecolabel like Energy Star, IEEE Spectrum reported. Read the court decision
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Wendel Rosen’s Construction Practice Group Welcomes Quinlan Tom

January 06, 2016 — Garret Murai – California Construction Law Blog
There’s been more cheer than usual at Wendel Rosen’s Construction Practice Group this holiday season. Earlier this month, Quinlan Tom, a construction and business attorney, joined us from McInerney & Dillon, a venerable and well-respected construction boutique firm (we know a lot of folks there) with local roots like us in Oakland, California. We’ve all known Quinlan for a while, so when he decided to join our band of merry legal practitioners, we were quite thrilled. Being lawyers though, and better at asking than answering questions, we decided to pose a few questions to Quinlan: Q. So, you’ve just been sworn to tell the truth, the whole truth, and nothing but the truth, under penalty of perjury. So, tell us about your practice. A. Let me just start with it’s quite an honor to appear in your blog; I’ve been a reader for a while (in secret of course before I got to Wendel Rosen). I’m also excited to join you and the other members of Wendel Rosen’s Construction Practice Group; as you mention, I’ve known each of you professionally for quite some time and respect each of you tremendously. I started as a construction litigator right out of law school. I completed three years of mechanical engineering at UC Davis and put that on my resume when I was looking for a job after law school. (In addition, my dad retired after 40 years in the trenches as a union electrician). McInerney & Dillon (“M&D”) and a couple of other firms found that interesting and I ended up starting with M&D. I did find that my engineering studies helped with my acclimation to construction disputes. While I never pretend to be an engineer, it has provided me with a foundation of how the construction process works and how the projects are designed. 26 years later, I continue to enjoy counseling my clients in their construction disputes/issues and still find each construction project I am involved with fascinating. I have tried, arbitrated and litigated cases for 26 years, from the United States District Court to the California Superior Court and the California Office of Administrative Hearings. I have argued cases before the Ninth Circuit Court of Appeals and the California Court of Appeal. I counsel my clients into hopefully making the best business decisions available melding the knowledge I have gleaned from my litigation experience with their financial and personal goals. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Buy a House or Pay Off College? $1.2 Trillion Student Debt Heats Up in Capital

June 11, 2014 — Janet Lorin – Bloomberg
Jennifer Day spends 12 percent of her monthly take-home pay on debt that funded a master’s degree in urban and regional planning, money she’d rather be saving toward a home. “I spend $364 a month for student loans,” said Day, 33, who conducts market research for the hospitality industry at a consulting firm in New Orleans. “To me, that is a down payment or ultimately savings down the line.” Under legislation sponsored by U.S. Senator Elizabeth Warren of Massachusetts, Day would save about $75 a month on her payments. The bill, which could come up for a vote on the Senate floor as soon as tomorrow, would let 25 million borrowers with federal and private loans refinance their balances at lower interest rates, according to Education Department estimates. Read the court decision
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Reprinted courtesy of Janet Lorin, Bloomberg
Ms. Lorin may be contacted at jlorin@bloomberg.net

Atlantic City Faces Downward Spiral With Revel’s Demise

August 13, 2014 — Terrence Dopp – Bloomberg
The shuttering next month of Revel, the $2.6 billion hotel and casino that was meant to usher in a new era of opulence in Atlantic City when it opened in 2012, is set to quicken the seaside community’s downward spiral. Five years after the longest recession since the 1930s, hotel rooms sit vacant and revenue keeps falling in what was once the second-largest U.S. casino market. New Jersey Governor Chris Christie’s turnaround plan for the municipality, begun in 2011 and hinged on Revel’s success, hasn’t delivered, prompting Moody’s Investors Service to cut the city’s $245 million of general-obligation debt to junk last month. Read the court decision
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Reprinted courtesy of Terrence Dopp, Bloomberg
Mr Dopp may be contacted at tdopp@bloomberg.net

Montana Federal District Court Finds for Insurer in Pollution Coverage Dispute

October 24, 2021 — Melanie A. McDonald - Saxe Doernberger & Vita
Applying Louisiana law, a recent federal court decision exemplifies why policyholders should thoroughly read claims-made policies to understand when notice is due to insurers and truthfully complete policy applications. In Admiral Insurance Company v. Dual Trucking, Inc.,1 the Court determined the insurer, Admiral Insurance Company (“AIC”), owed no duty to defend or indemnify Dual Trucking and Transport, LLC (“DTT”), Dual Trucking of Montana, LLC (“DTM”), and Dual Trucking, Inc. (“DTI”) (collectively, the “Dual Entities”) under two Environmental Impairment Liability Policies (“EIL Policies”) and four Contractor Pollution Liability Policies (“CPL Policies”). The Court justified its decision because the Dual Entities: 1) did not give notice during the 2012-2013 EIL Policy period; 2) had discovered or knew of, but did not disclose, potential pollution conditions before the inception of the 2013-2014 EIL Policy and before the expiration of the extended reporting period of the 2012-2013 EIL Policy; 3) failed to provide AIC with notice during the extended reporting period of the 2013-2014 EIL Policy of claims for which the Dual Entities were seeking coverage; and 4) materially misrepresented known facts on the CPL Policy applications. I. Factual Background. The Dual Entities were Louisiana-based companies that provided oilfield equipment rental services. In 2011, the Dual Entities leased land in Montana under three leases, collectively referred to as “the Bainville site.” Shortly afterward, the Dual Entities applied for, and AIC issued, an EIL Policy and two CPL Policies with a policy period of October 1, 2012, to October 1, 2013. AIC renewed all three policies for the October 1, 2013, to October 1, 2014, policy period. Read the court decision
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Reprinted courtesy of Melanie A. McDonald, Saxe Doernberger & Vita
Ms. McDonald may be contacted at MMcDonald@sdvlaw.com

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