Fairfield Connecticut Building Expert Directory

Delaware Strengthens Jurisdictional Defenses for Foreign Corporations Registered to Do Business in Delaware

April 28, 2016 — Randall MacTough, Timothy Martin & Christian Singewald – White & Williams LLP
The days of companies being sued in Delaware based solely upon their compliance with Delaware’s registration statutes appear over. Recently, the Delaware Supreme Court, in Genuine Parts Co. v. Cepec[1], held that Delaware Courts cannot exercise jurisdiction over a foreign corporation registered to do business in Delaware for claims unrelated to its conduct in Delaware. In Delaware, foreign corporations must register to do business and designate a registered agent in Delaware to accept service of process to sell its products or services.[2] Since 1988, Delaware has construed these registration laws as foreign corporations’ express consent to general jurisdiction.[3] Reprinted courtesy of White & Williams LLP attorneys Randall MacTough, Timothy Martin and Christian Singewald Mr. MacTough may be contacted at mactoughr@whiteandwilliams.com Mr. Martin may be contacted at martint@whiteandwilliams.com Mr. Singewald may be contacted at singewaldc@whiteandwilliams.com Read the court decision
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Timely Written Notice to Insurer and Cooperating with Insurer

June 21, 2017 — David Adelstein - Florida Construction Legal Updates
I harp on notifying a liability insurer in writing once a claim is asserted against you. As soon as possible. I harp on this because as an insured you want to remove any doubt or argument that the insurer was prejudiced due to a lack of timely notice. In a recent opinion, Zurich American Insurance Co. v. European Tile and Floors, Inc., 2017 WL 2427172 (M.D.Fla. 2017), the insurer moved for summary judgment in a coverage action arguing that its insured failed to provide it timely written notice. Specifically, the insurer argued that the insured violated the clause in the liability policy that states: 2. Duties in the Event of Occurrence, Offense, Claim or Suit

Immediately record the specifics of the claim or “suit” and the date received; and
Notify us as soon as practicable.

You must see to it that we receive written notice of the claim or “suit” as soon as practicable.

Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or “suit”;
Authorize us to obtain records and other information;
Cooperate with us in the investigation, settlement or defense of the claim or “suit”; and
Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply.

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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at Dadelstein@gmail.com

New Home Construction Booming in Texas

October 24, 2022 — Jason Daniel Feld & Ron Raydon - Kahana Feld

With the rapid relocation trends of families moving to Texas, it was reported that new residential construction permits in Texas grew to a total value in excess of $2 billion and over 7,500 new construction permits in September 2022 alone. D.R. Horton lead the way with 1,139 new permits, while Lennar Homes clocked 696 new permits. Other leading homebuilders including KB Homes (239 permits) and Pulte Homes (253 permits) remained active heading into the 4th Quarter of 2022. The following is a breakdown of new permits and average home values in the 4 largest cities in Texas (Houston, Dallas, Austin and San Antonio) for September 2022:

Houston

Last month, there were approximately 340 home builders with new permits on record in the Houston area, and the following ranked as the top five total new permits:

Builder	Total Permits	Average Value
1-D.R. Horton	483	$ 129,812.00
2-Camillo Properties	190	$ 147,790.00
3-Lennar Homes	188	$ 195,503.00
4-Meritage Homes	124	$ 248,597.00
5-Wan Pacific Real Estate Development	117	$ 165,044.00

Dallas

In Dallas, there were more than 290 contractors with new residential construction activity on record with HBW last month, and the following ranked as the top five for total new permits:

Builder	Total Permits	Average Value
1-D.R. Horton	555	$ 179,430.00
2-Lennar Homes	232	$ 202,318.00
3-Trophy Signature Homes	111	$ 274,016.00
4-Bloomfield Homes	97	$ 405,235.00
5-Meritage Homes	92	$ 267,425.00

Austin

Last month, there were nearly 125 home builders with new construction activity on record in the Austin area, and the following ranked as the top five for total new permits for the one-month period:

Builder	Total Permits	Average Value
1-Lennar Homes	150	$ 154,390.00
2-KB Homes	147	$ 253,606.00
3-D.R. Horton	99	$ 200,416.00
4-Taylor Morrison Homes	79	$ 365,183.00
5-David Weekley Homes	64	$ 436,978.00

San Antonio

In San Antonio, there were nearly 120 contractors with new residential construction activity on record last month, and the following ranked as the top five for total new permits:

Builder	Total Permits	Average Value
1-Lennar Homes	126	$ 174,315.00
2-KB Homes	55	$ 254,109.00
3-Pulte Homes	52	$ 241,012.00
4-M/I Homes	51	$ 237,283.00
5-LGI Homes	30	$ 202,760.00

The residential construction boom is Texas does not appear to be slowing down anytime soon. With new corporations relocating corporate offices to the Lone Star State each year, we expect this trend to continue for the foreseeable future. And with increased home production, we will closely monitor the increase in construction related litigation over the next five to ten years.

The increase in market activity attracts new or inexperienced builders and tradesman, making the importance of a proactive approach to construction management all the more important. Given the labor shortages and supply chain issues. It is imperative that Texas homebuilders take extra precautions to ensure quality construction practices and oversight to minimize potential litigation.

Reprinted courtesy of Jason Daniel Feld, Kahana Feld and Ron Raydon, Kahana Feld

Mr. Feld may be contacted at jfeld@kahanafeld.com

Mr. Raydon may be contacted at rraydon@kahanafeld.com

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NAHB Reports on U.S. Jobs Created from Home Building

May 05, 2014 — Beverley BevenFlorez-CDJ STAFF
The National Association of Home Builders’ Eye on Housing reported that for every “average single-family home” built in the U.S., almost three full-time jobs are created. “A substantial share of this is employment for construction workers,” according to the NAHB article. “But also included is employment in firms that manufacture building products, transport and sell products, and provide professional services to home builders and buyers (e.g., architects and real estate agents).” Read the court decision
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Signs of a Slowdown in Luxury Condos

January 28, 2015 — Prashant Gopal, Oshrat Carmiel and John Gittelsohn – Bloomberg
Manhattan real estate agent Lisa Gustin listed a four-bedroom Tribeca loft for $7.45 million in October, expecting a quick sale. Instead, she cut the price by $550,000 in January. “I thought for sure a foreign buyer would come in,” says Gustin, a broker at Brown Harris Stevens who is still marketing the 3,800-square-foot apartment. “So many new condos are coming up right now. They’ve been building them for the past few years, and now they’re really hurting the resales.” New high-priced condominiums and mansions are hitting the market in New York, Miami, and Los Angeles just as international buyers, who helped fuel luxury demand in the three cities, are seeing their purchasing power wane with the strengthening dollar. Signs of a pullback may already be showing in Manhattan, where luxury-home sales have slowed amid a boom in the construction of towers aimed at U.S. millionaires and foreign investors. Sales of homes costing more than $2 million in the New York area rose 10 percent last year, compared with a 27 percent jump in 2013, according to CoreLogic DataQuick. Reprinted courtesy of Bloomberg reporters Prashant Gopal, Oshrat Carmiel and John Gittelsohn Mr. Gittlesohn may be contacted at johngitt@bloomberg.net; Ms. Carmiel may be contacted at ocarmiel1@bloomberg.net; Mr. Gopal may be contacted at pgopal2@bloomberg.net Read the court decision
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Managing Once-in-a-Generation Construction Problems – Part II

April 03, 2023 — Jeffrey S. Wertman - Construction Executive
Part I of this series discussed the benefits of construction participants using alternative project delivery methods and properly addressing change order issues, rising costs and payment structure issues to manage construction during these uncertain times. Part II below explores the possibility that higher prices and steady consumer demand could lead to an increase in unscrupulous contractor practices—and how owners can mitigate that risk, managing the challenges posed by the unforeseen labor shortage and turnover in the industry and evolving your construction team for short-term and long-term success. Higher Prices and Steady Demand With the demand for construction projects relatively stable, contractors remaining in high demand and a surge in prices for construction materials and components, owners are under great pressure to accept less favorable construction terms. This has presented unscrupulous contractors with perceived leverage over owners and new opportunities to engage in questionable business practices and fraud. Although some contractors may seek to stretch the boundaries of a construction contract, other contractors are more deliberate. Falsifying payment applications and invoices to inflate labor or materials costs, billing for work not yet performed or materials not yet delivered to the project site and manipulating change orders are examples of illicit and fraudulent practices by contractors. Reprinted courtesy of Jeffrey S. Wertman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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US Court Disputes $1.8B AECOM Damage Award in ‘Remarkable Fraud’ Suit

April 26, 2021 — Mary B. Powers - Engineering News-Record
A federal appeals court has thrown out a $1.8-billion award granted by a lower court three years ago to an AECOM unit in a bizarre legal battle involving a Nevada company that claimed to have won multiple contracts using the name of Morrison Knudsen—the former well-known Boise-based construction contractor that was sold in 1996, and through acquisitions, became part of design-build giant AECOM in 2014. Reprinted courtesy of Mary B. Powers, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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MGM Seeks to Demolish Harmon Towers

September 01, 2011 — CDJ STAFF

Citing public safety concerns and the cost of repair, MGM Resorts International is seeking to demolish the unfinished hotel tower. The company has a few hurdles to go through before they start laying the charges to implode the structure. Any plans would have to be approved by not only Clark County officials, but also the district court has an order blocking any activity during litigation between MGM and the general contractor on the project, Perini Building Company.

Architectural Record reports that MGM states it would take “approximately 18 months to conduct test and come up with an approved, permitted design to fix the Harmon.” MGM feels that repairs would then take another two to three years. Perini contends that they could “provide stamped drawings detailing all necessary repairs within three months.” They attribute MGM’s desire to demolish the building as “buyer’s remorse.”

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