Fairfield Connecticut Building Expert Directory

Slavin Doctrine and Defense from Patent Defects

June 13, 2018 — David Adelstein - Florida Construction Legal Updates
The Slavin doctrine is an affirmative defense primarily geared to the personal injury context designed to protect contractors from third-party negligence-type claims when an owner accepts a patent defect. The Slavin doctrine protects contractors from liability for injuries to third parties by presuming that the owner has made a “reasonably careful inspection” of the contractor’s work prior to accepting it as completed; if the owner accepts the contractor’s work as complete and an alleged defect is patent, then the owner “accepts the defects and the negligence that caused them as his own,” and the contractor will no longer be liable for the patent defect. 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

Builders Can’t Rely on SB800

October 01, 2013 — CDJ STAFF
In coming to their ruling on SB800, the California Court of Appeals looked to the legislative intent behind the law. Valentine Hoy, Timothy Hutter, and Erin Sedloff of Allen Matkins, in an article on the ruling, note that SB800 was written in response to Aas v. Superior Court, in which the court found that there was no remedy for construction defects that had not resulted in property damage. In the latest ruling, Liberty Mutual v. Brookfield Crystal Cove, LLC, the court concluded that SB800 was passed to give homeowners a way to address defects that had not lead to damage. However, the court also concluded that the legislature did not intend for SB800 to be the only remedy. In Liberty Mutual, the insurance company sought reimbursement for claims it had paid on a homeowner’s claim after a fire sprinkler pipe burst. Liberty Mutual had insured the homeowner and sought repayment from the builder. Escrow had closed on the home in 2004, the pipe burst in 2008, and Liberty Mutual filed their claim in 2011, seven years after the close of escrow. But for plumbing issues, SB800 has a four-year statute of limitations. The writers describe California as “a hotbed for construction defect litigation.” Due to the Liberty Mutual ruling, developers now “cannot rely on the statutes of limitation set forth in SB800.” Read the court decision
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Duty to Defend Bodily Injury Evolving Over Many Policy Periods Prorated in Louisiana

November 17, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The Louisiana Supreme Court held that the duty to defend in long latency disease cases should be prorated between the insurer and insured when the policies cover for only a portion of the time in which the exposure occurred. Arceneaux v. Amstar Corp., 2016 La. LEXIS 1675 (La. Sept. 7, 2016). 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

2024 Update to CEB’s Mechanics Liens Now Available

October 15, 2024 — Garret Murai - California Construction Law Blog
For a number of years we have had the honor to serve as update authors for several publications of California’s Continuing Education of the Bar (CEB). I didn’t realize it until now but the CEB, a program of the University of California, was started more than 75 years ago following WWII to provide veterans who were attorneys with practical guidance on changes to the law as they returned to their practices following the war. Pretty cool! 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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New Report Reveals Heavy Civil Construction Less Impacted by COVID-19 Than Commercial Construction

August 31, 2020 — Dodge Data and Analytics - Construction Executive
Heavy civil construction is deemed essential to the economy and has continued in many jurisdictions throughout the economic shutdown. However, data from The Civil Quarterly (TCQ), a new publication from Dodge Data & Analytics, reveals contractors in this sector are facing supply chain issues and other challenges in keeping jobsites going. The Civil Quarterly (TCQ) is the result of a partnership with Founding partner Infotech, Platinum partner Leica Geosystems and Gold partners Command Alkon and Digital Construction Works, and is based on original research collected quarterly from civil contractors and engineers. The research provides a snapshot of the current business health of contractors operating in this dynamic environment. The inaugural report features research on how technology is transforming civil jobsites and on the prevalence of important safety practices, and future issues will continue to offer insights into key trends that are transforming the sector. Ninety-nine contractors responded to the survey conducted online from mid-April to mid-May 2020. Reprinted courtesy of Dodge Data and Analytics, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. To learn more about Dodge Data and Analytics, visit www.construction.com Read the court decision
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Cold Stress Safety and Protection

February 27, 2023 — The Hartford Staff - The Hartford Insights
The best time to think about cold stress safety isn’t when it’s about to snow – it’s actually when it’s still warm out. “Construction firms and other businesses may start to think about protecting workers against the cold when frigid temperatures and the winter are right around the corner. But we’ve found that oftentimes, that may be too late to start thinking about cold stress prevention,” said Chris O’Hala, director of construction Risk Engineering at The Hartford. “Thinking about cold protection months ahead can prevent serious injuries, illnesses or even death.” O’Hala added that possible solutions for cold-related risks, like planning for temporary heat or building temporary enclosures, “require very specific planning, equipment and materials.” Read the court decision
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Reprinted courtesy of The Hartford Staff, The Hartford Insights

COVID-19 Pandemic Preference Amendments to Bankruptcy Code Benefiting Vendors, Customers, Commercial Landlords and Tenants

May 03, 2021 — Andrew Arthur & Steven Ostrow - White and Williams LLP
Over the last three months, Congress has passed major pieces of legislation primarily in response to the COVID-19 pandemic, including the Consolidated Appropriations Act of 2021 (CAA), which was signed into law on December 27, 2020. In addition to funding the federal government and a second round of pandemic relief, the CAA contains several amendments to the Bankruptcy Code. One of the amendments provides preference protection to commercial landlords and suppliers who receive overdue payments from their tenants or customers under agreements made on or after March 13, 2020 to postpone the payment of rent or supplier charges. The preference amendments encourage these creditors to afford their customers and tenants payment deferment arrangements without the risk that the companies will clawback the payments as preferences if they later file for bankruptcy protection. The amendments should facilitate workouts of distribution and leasing agreements to help distressed businesses recover and repay arrearages as COVID-19 related governmental restrictions are lifted this year. Reprinted courtesy of Andrew Arthur, White and Williams LLP and Steven Ostrow, White and Williams LLP Mr. Ostrow may be contacted at ostrows@whiteandwilliams.com Mr. Arthur may be contacted at arthura@whiteandwilliams.com Read the court decision
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El Paso Increases Surety Bond Requirement on Contractors

April 25, 2011 — Beverley BevenFlorez CDJ STAFF

The city of El Paso has recently increased surety bonds required of contractors from $10,000 to $50,000, according to the El Paso Times. Proponents of the increase believe it was necessary to protect homeowners from fly-by-night builders, while opponents argue that the increase will have an adverse effect on an industry in that is already suffering due to the economic slowdown.

Arguments for and against the increase have been flooding the blogosphere with their views. Christian Dorobantescu on the Small Business Entrepreneur Blog claims that “only about 15% of the city’s 2,500 contractors had been able to secure a higher bond to remain eligible for work after the new requirements were announced.” However, insurance companies have a different take. “From a surety broker standpoint, most contractors will be able qualify for the bond; some will just have to pay higher premium rates to obtain it,” a recent post on the Surety1 blog argues.

While the increased bond may help homeowners deal with construction defect claims, it is not clear what effect it will have on builders in El Paso.

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