Fairfield Connecticut Building Expert Directory

Federal Lawsuit Accuses MOX Contractors of Fraud

March 04, 2019 — Scott Judy - Engineering News-Record
A subcontractor employee working on the now-canceled MOX project in South Carolina used football tickets, automobile tires, barbecue grills and other gifts to persuade employees of CB&I AREVA MOX Services and other vendors to help approve thousands of fraudulent invoices cumulatively valued at more than $6.4 million, according to a Dept. of Justice lawsuit filed Feb. 14 that names both companies as defendants. The controversial project at the Savannah River Site in Aiken, S.C., originally scheduled for completion in 2016, was canceled in January after cost and schedule estimates increased significantly. Read the court decision
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Reprinted courtesy of Scott Judy, ENR
Mr. Judy may be contacted at judys@enr.com

Colorado Temporarily Requires Employers to Provide Sick Leave While Awaiting COVID-19 Testing

April 06, 2020 — Shawna Ruetz - The Grindstone Lewis Brisbois Labor & Employment Blog
On March 11, 2020, the Colorado Department of Labor and Employment (CDLE) issued emergency rules, referred to as Colorado Health Emergency Leave with Pay (Colorado HELP) Rules, requiring employers in certain industries to provide four days of paid sick leave to employees with flu-like symptoms while awaiting test results for COVID-19, or to anyone who is under instructions from a healthcare provider to quarantine or isolate due to a risk of having COVID-19. These rules take effect immediately for 30 days, or longer if the state of emergency declared by Colorado Governor Polis continues. Which industries are covered by the Colorado HELP Rules?

Leisure and hospitality;
Food services;
Child care;
Education (including transportation, food service, and related work at educational establishments);
Home health (if working with elderly, disabled, ill, or otherwise high-risk individuals)
Nursing homes; and
Community living facilities; and
Retail establishments that sell groceries (added March 26).

How much paid sick leave must be provided? Employers are required to provide up to four days of paid sick leave to employees with flu-like symptoms who are being tested for COVID-19. If the employee tests negative, the leave ends. Read the court decision
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Reprinted courtesy of Shawna Ruetz, Lewis Brisbois
Ms. Ruetz may be contacted at Shawna.Ruetz@lewisbrisbois.com

Arezoo Jamshidi Selected to the 2023 San Diego Super Lawyers List

April 03, 2023 — Arezoo Jamshidi - Haight Brown & Bonesteel LLP
Congratulations to Arezoo Jamshidi who has been selected to the 2023 San Diego Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. Read the court decision
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Reprinted courtesy of Arezoo Jamshidi, Haight Brown & Bonesteel LLP
Ms. Jamshidi may be contacted at ajamshidi@hbblaw.com

Malerie Anderson Named to D Magazine’s 2023 Best Lawyers Under 40

January 17, 2023 — Malerie Anderson - Lewis Brisbois Newsroom
Dallas, Texas (January 12, 2023) - Dallas Partner Malerie T. Anderson has been named to D Magazine’s 2023 Best Lawyers Under 40 list for Business/Commercial Litigation. This is her second year appearing on this list. According to D Magazine, the attorneys on its Best Lawyers Under 40 list are representative of up-and-coming attorneys in Dallas, who are nominated by their peers outside their own firm. The magazine asks nominating lawyers to think about “which lawyers under 40, of those whose work you have witnessed firsthand, would you rank among the current best?” Ms. Anderson regularly advises business entities, real estate brokers, and licensed real estate agents to prevent litigation and defends against claims of all kinds, including breach of fiduciary duty and breach of contract claims. Her experience handling various disputes has led her to work closely with clients to develop and implement procedures to avoid future litigation. Read the court decision
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Reprinted courtesy of Malerie Anderson, Lewis Brisbois
Ms. Anderson may be contacted at Malerie.Anderson@lewisbrisbois.com

Federal District Court Issues Preliminary Injunction Against Implementation of the Fair Pay and Safe Workplaces Final Rule

November 03, 2016 — Patrick J. Greene, Jr. & Lori Ann Lange – Peckar & Abramson, P.C. Client Alert
On July 31, 2014, President Barack Obama issued Executive Order 13673. As subsequently amended, the Executive Order purports to “increase efficiency and cost savings in the work performed by parties who contract with the Federal Government by ensuring that they understand and comply with labor laws.” On August 25, 2016 the Federal Acquisition Regulation (“FAR”) Council published the final FAR Rule and the United States Department of Labor (“DOL”) published its Guidance further implementing the Executive Order. The FAR final rule was scheduled to go into effect in stages, starting with solicitations with an estimated value of $50 million or more on October 25, 2016. The potential effect of these new regulations on government contractors has been the subject of prior alerts from this office and much ongoing discussion. Reprinted courtesy of Patrick J. Greene, Jr., Peckar & Abramson, P.C. and Lori Ann Lange, Peckar & Abramson, P.C. Mr. Greene may be contacted at pgreene@pecklaw.com Ms. Lange may be contacted at llange@pecklaw.com Read the court decision
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Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor

November 01, 2022 — Tred R. Eyerly - Insurance Law Hawaii
A recommended decision from the Magistrate Judge of the Federal District Court for the District of Colorado found there was no coverage for the subcontractor's faulty workmanship, but recognized that Colorado finds consequential damages to be property damage. Indian Harbor Ins. Co. v. Houston Cas. Co., 2022 U.S. Dist. LEXIS 117857 (D. Colo. July 5, 2022). The insured, Tripp Construction, was a subcontrator for contructing balconies at an apartment complex. The owner complained that Tripp failed to properly install balconies. The defective installation of certain balcony components damaged other, non-defective components. The general contractor had an OCIP policy issued by Houston Casualty Company (HCC). The general contractor also had a Subcontractor Default policy issued by Indian Harbor. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Tips for Drafting Construction Contracts

May 04, 2020 — Stuart Rosen - Construction Executive
When negotiating a construction contract, a contractor and its advisers must first determine the areas of greatest concern. For example, if the contractor believes that the drawings that were prepared by the architect and other design professionals are deficient, the contractor may want to reference those deficiencies in the contract. The contractor should emphasize that it is not responsible for the drawings and to the extent the project schedule is extended to allow the parties to address such issues with the drawings, the contractor would be entitled to additional compensation. This article provides contractors with additional tips, with a broad focus on project delays, for their protection when negotiating and drafting construction contracts, and helps contractors understand the rationale for such tips to better prepare contractors in such negotiations. Contractor’s liability to the owner for delay damages It is imperative that the contract include a waiver of claims for consequential damages. AIA Document A201TM – 2017 includes such a waiver, which provides, in pertinent part, “The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract … This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14.” Reprinted courtesy of Stuart Rosen, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Rosen may be contacted at srosen@proskauer.com

Ohio Supreme Court Holds No Occurence Arises from Subcontractor's Faulty Workmanship

January 09, 2019 — Tred R. Eyerly - Insurance Law Hawaii
The Ohio Supreme Court bucked the modern trend by finding that there was no coverage under CGL policy's the subcontractor's exception for faulty workmanship claimed against the insured. Ohio N. Univ. v. Charles Constr. Servs. 2018 Ohio LEXIS 2375 (Ohio Oct. 9, 2018). The University contracted with Charles Construction Services, Inc. to build a new luxury hotel and conference center on campus. After work was completed, the University discovered extensive water damage from hidden leaks that it believed were caused by the defective work of Charles Construction and its subcontractors. Repairs were made at the cost of $6 million. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES