Fairfield Connecticut Building Expert Directory

Georgia Court Clarifies Landlord Liability for Construction Defects

June 02, 2016 — Chadd Reynolds - AHHC Construction Law Blog
In Cowart v. Schevitz, the Georgia Court of Appeals clarified the instances in which an out-of-possession landlord can be liable in a premises liability claim. No. A15A2036, 2016 WL 563114, at *4 (Ga. Ct. App. Feb. 15, 2016). In this case, the plaintiff was leaving a restaurant and injured herself stepping down off of a sidewalk near the bottom of a ramp. The plaintiff filed a premises liability claim against the owner of commercial property (the “landlord”) and the operator of the restaurant (who later settled), seeking medical expenses and costs of litigation. An expert testifying on behalf of the plaintiff stated that the ramp was required to have railings pursuant to building codes and, had the railings been installed on the ramp, the plaintiff’s fall more than likely would not have occurred. The landlord moved for summary judgment, arguing that as an out-of-possession landlord, his liability to third persons for the use of the property by his tenant was precluded under O.C.G.A. § 44-7-14. The trial court denied the motion without comment, and the owner subsequently appealed. Read the court decision
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Reprinted courtesy of Chadd Reynolds, Autry, Hanrahan, Hall & Cook, LLP
Mr. Reynolds may be contacted at reynolds@ahclaw.com

Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation Areas

June 29, 2017 — Richard E. Morton - Haight Brown & Bonesteel LLP
Plaintiff Ivana Kirola, who suffers from cerebral palsy, sued the City and County of San Francisco, in a class action contending certain public areas, including rights-of-way, pools, parks and other recreation areas, did not meet the mandate of Title II of the American With Disabilities Act (Kirola v. City and County of San Francisco, 9th Circuit Court of Appeals, No. 14-17521, 2017 DJDAR 5982). Title II provides that no qualified individual with a disability “shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” Title II’s implementing regulations mandate that each facility constructed after January 26, 1992 be “readily accessible to and usable by individuals with disabilities.” And, for each facility “altered after January 26, 1992,” the altered portion must, “to the maximum extent feasible,” be likewise accessible. The Federal Architectural and Transportation Barriers Compliance Board creates nonbinding Americans With Disabilities Act Accessibility Guidelines (ADAAG) to ensure compliance with Title II, and that the Department of Justice (DOJ) adopt its own binding regulations, consistent with the ADAAG standards. Here, the District Court interpreted ADAAG standards as not applying to public rights-of-way, parks, and playground facilities. The District Court concluded that none of Kirola’s experts were reliable in their interpretation of the standards and how the standards applied to the public rights-of-way, etc. Conversely, the District Court concluded that all of the city’s experts were reliable. It thus disregarded and discarded every ADAAG violation identified by Kirola’s experts, accepting only the small number of violations identified by the city’s experts. Read the court decision
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Reprinted courtesy of Richard E. Morton, Haight Brown & Bonesteel LLP
Mr. Morton may be contacted at rmorton@hbblaw.com

Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union

December 11, 2013 — Heather Anderson — Higgins, Hopkins, McLain & Roswell, LLC.
In the last year, the U.S. District Court for the District of Colorado found that a settlement payment from an excess insurance carrier to another primary insurance carrier precluded a finding of vertical exhaustion sufficient to trigger the primary carrier’s duty to indemnify. See Scottsdale Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh, 2012 WL 6004087 (D. Colo. 2012). The Scottsdale case arose out of the construction of a 507-unit apartment complex in Arapahoe County, Colorado in which a number of defects became apparent during construction. As a result, the owner of the project sued the general contractor and/or the construction manager, seeking to recover more than $22 million for various construction deficiencies. Id. at *1. The general contractor was insured under policies issued by several carriers. Scottsdale Insurance Co. (“Scottsdale”) and National Union Fire Ins. Co. (“National Union) provided umbrella coverage, and CNA and American Zurich Ins. Co. (“Zurich”) provided primary insurance under commercial general liability policies. About five years later, the construction defect case settled for $8.5 million dollars. Read the court decision
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Reprinted courtesy of Heather Anderson
Heather Anderson can be contacted at anderson@hhmrlaw.com

Timely Legal Trends and Developments for Construction

February 18, 2019 — Matt Viator - Construction Executive
The construction industry is broad and the legal concerns of industry members can be far-reaching. What seems like tomorrow’s problem often jumps to the forefront and becomes a high priority today. 2018 was full of moments like these – and it’s important to keep track of legal developments for a glimpse at what may be waiting around the corner. With that in mind, here are some of the most important legal developments for the construction industry from the second half of 2018. Sureties and Litigation – a Broad Topic Sureties play a vital role on construction projects. On federal jobs and state, county or municipal jobs, surety bonds are typically required. That means it’s important to stay on top of how the courts are treating surety agreements. Reprinted courtesy of Matt Viator, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Everyone Wins When a Foreclosure Sale Generates Excess Proceeds

August 07, 2018 — Ben Reeves - Snell & Wilmer Real Estate Litigation Blog
Introduction When a foreclosure sale generates more money than needed to pay off the lien, the excess proceeds usually go first to creditors in the order of their priority, and second to the owner after creditors are paid in full. So, in truth, not everyone wins when a foreclosure sale brings in too much money. Amusingly, in Steinmetz v. Everyone Wins, the court awarded excess sale proceeds to….you guessed it…Everyone Wins, despite the owner’s argument that Arizona’s anti-deficiency statutes barred it from recovering anything. In addition to supplying a clever title for this post, Steinmetz v. Everyone Wins provides an important analysis of how Arizona’s anti-deficiency statutes, homeowner’s assessment lien statutes, and foreclosure statutes apply when determining who “wins” when it comes to excess sale proceeds. Read the court decision
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Reprinted courtesy of Ben Reeves, Snell & Wilmer
Mr. Reeves may be contacted at breeves@swlaw.com

Alexis Crump Receives 2020 Lawyer Monthly Women in Law Award

August 31, 2020 — Alexis Crump - Lewis Brisbois
Los Angeles Partner Alexis G. Crump has been recognized with a 2020 Lawyer Monthly "Women in Law Award." In receiving this honor, Ms. Crump joins an elite group of women from around the world who have influenced the legal profession with their experience and expertise. Lawyer Monthly’s "Women in Law Awards" emerged as one of the first industry awards to celebrate the achievements and contributions made by women working globally in the legal sector and in business. Recognizing women at all levels of seniority, the publication seeks to acknowledge the challenges that female legal professionals regularly overcome to serve their clients and perform at their best. “It is an honor to be recognized alongside so many outstanding and accomplished women. I look forward to continuing to support my colleagues in their work and participating in the global network of female attorneys,” Ms. Crump said. Read the court decision
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Reprinted courtesy of Alexis Crump, Lewis Brisbois
Ms. Crump may be contacted at Alexis.Crump@lewisbrisbois.com

New Green Standards; Same Green Warnings for Architects & Engineers (law note)

January 13, 2014 — Melissa Dewey Brumback - Construction Law in North Carolina
The newest version of the LEED ratings system, LEED v4, has officially been released. For a comparison of the major changes between LEED 2009 and LEEDv4, check out this downloadable form from the USGBC. As the folks at Schinnerer’s pointed out, there is one major change that is fraught with peril for design professionals– the requirement for increased transparency concerning the composition and performance requirements of composition materials. Notes the insurance carrier: “While design firms always had a level of responsibility for ongoing product research, the lack of standardized, affirmative industry data made it difficult for design firms and project owners to assess the impact of building materials on human health. “As with many aspects of sustainability in design and construction, the danger to design firms is likely to come from self-inflicted perils. When a firm accepts responsibility to ‘ensure that a project meets its goals by using the best products that align with project requirements,’ it is essentially giving the project owner a guarantee that is both beyond the firm’s control and uninsurable by any insurance carried by a firm.” Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback
Ms. Brumback can be contacted at mbrumback@rl-law.com

Structural Defects in Thousands of Bridges in America

November 06, 2013 — CDJ STAFF
Writing under the pseudonym “Babbage,” a technology blogger at The Economist takes note of some of the depressing facts about America’s infrastructure. Babbage notes that most of the United States’ transportation infrastructure was “built in a furious burst of road construction during the 1950s and 1960s.” Citing a report from the American Society of Civil Engineers, President Obama recently warned that “we’ve got about $2 trillion of deferred maintenance.” Some of this deferred maintenance can cost lives. The 2007 collapse of the I-35W bridge in Minneapolis killed 13 people and injured 145 others. The cost of fixing structural defects in the nation’s bridges was estimated at $32 billion in 2004. In that year, about 66,500 bridges were deemed structurally defective. Another 84,000 were termed “structurally obsolete,” meaning they could be used, but with restrictions on vehicle weight and speed. Read the court decision
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