FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Caution to GCs! An Exception to Privette Can Leave You Open to Liability

February 01, 2023 — Nicole Whyte - Bremer Whyte Brown & O'Meara LLP
In a recent important decision, Brown v. Beach House Design & Development the Court of Appeal addressed an issue that frequently arises under the Privette doctrine—the extent to which a general contractor can be held liable for injuries to a subcontractor’s employee. The injuries in Brown arose when a window casing subcontractor’s employee fell from a scaffold erected by a plastering subcontractor at a construction site. According to evidence offered by the plaintiff in opposition to a motion for summary judgment filed by the general contractor, the scaffold was not properly secured to the building where the work was being performed. As a result the scaffold was defective and failed, causing the injuries. Read the court decision
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Reprinted courtesy of Nicole Whyte, Bremer Whyte Brown & O'Meara LLP
Ms. Whyte may be contacted at nwhyte@bremerwhyte.com

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Grenfell Fire Probe Faults Construction Industry Practices

November 28, 2022 — Peter Reina - Engineering News-Record
"Incompetence and poor practices in the construction industry" and among others led to the June 2017 fire at London's Grenfell residential high-rise building, causing 72 deaths, according to the lead counsel for the public inquiry that ended Nov. 10. Reprinted courtesy of Peter Reina, Engineering News-Record Mr. Reina may be contacted at reina@btinternet.com Read the full story... Read the court decision
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California Ballot Initiative Seeks to Repeal Infrastructure Funding Bill

September 25, 2018 — Garret Murai - California Construction Law Blog
California voters will get to vote on November 6, 2018 on a ballot initiative to repeal an infrastructure funding bill signed by Governor Brown this past year that is estimated to raise more than $5 billion annually during the next ten years for road repairs and mass transit improvements in California. In 2017, Governor Brown signed Senate Bill 1, the Road Repair and Accountability Act of 2017, which increased the excise tax on gasoline in the state by 12 cents per gallon, to 30 cents per gallon, and increasing vehicle registration fees from $25 to $175 dollars depending on the value of the vehicle. The last time the state’s gas tax was increased was in 1994 and the last time the federal gas tax was increased was in 1993. 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

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Cybersecurity “Flash” Warning for Construction and Manufacturing Businesses

April 05, 2021 — Jeffrey M. Dennis - Newmeyer Dillion
On March 23, 2021, the FBI’s Cyber Division issued a “Flash” warning for several business sectors, including industrial, commercial, manufacturing and construction businesses. The FBI is warning that a strain of ransomware, known as “Mamba,” has been used to weaponize a widely-used encryption software known as DiskCryptor. Mamba works through the open-source DiskCryptor program to encrypt a company’s operating system and demand ransom payment. This new ransomware attack is a threat to any business which employs DiskCryptor, specifically manufacturing and construction companies. What Should I Do? If your company utilizes DiskCryptor, the FBI suggests a number of recommendations to mitigate and ward off any ransomware attack. Most of these suggestions fall within the guidelines of proper cyber hygiene, and include (but are not limited to) the following:

• Regularly back up data, as well as copies of data;
• Segment your network;
• Request administrator credentials to install software;

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Reprinted courtesy of Jeffrey M. Dennis, Newmeyer Dillion
Mr. Dennis may be contacted at jeff.dennis@ndlf.com

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Banks Rejected by U.S. High Court on Mortgage Securities Suits

January 12, 2015 — Greg Stohr – Bloomberg
The U.S. Supreme Court dealt a blow to Royal Bank of Scotland Group Plc and Nomura Holdings Inc. (8604), refusing to derail federal government lawsuits that seek billions of dollars over the sale of risky mortgage-backed securities. The justices today turned away an appeal by four banks, including units of RBS and Nomura, in a case stemming from the collapse of two credit unions that owned more than $1.7 billion in those securities. Read the court decision
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Reprinted courtesy of Greg Stohr, Bloomberg
Mr. Stohr may be contacted at gstohr@bloomberg.net

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Businesspeople to Nevada: Revoke the Construction Defect Laws

March 01, 2012 — CDJ STAFF

The Nevada chapter of the National Federation of Independent Businesses has said that Nevada’s construction defect and minimum wage laws are hampering job growth. The organization conducted a survey, and although only about two percent of the members responded, they passed the opinions of the group on to Governor Brian Sandoval. Sandoval has said, according to the report by Fox News Reno, that he wants the state to be more business friendly. He supports reforms to Nevada’s construction defect laws, saying that he’d “like to see some reform” on the issue of mandatory attorney’s fees.



Randi Thompson, the spokesperson for the Nevada chapter of the National Federation of Independent Businesses, said that members of her organization would like to see current Nevada construction defect law revoked. She described current law as “driven towards lawyers and not toward protecting consumers.”

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Client Alert: Court Settles Conflict between CCP and Rules of Court Regarding Demurrer Deadline Following Amended Complaint

August 20, 2014 — R. Bryan Martin and Kristian B. Moriarty - Haight Brown & Bonesteel LLP
In Carlton v. Dr. Pepper Snapple Group, Inc. (No. E056566, filed 8/14/2014), The Court of Appeal, Fourth Appellate District, held a demurrer was timely filed in compliance with California Code of Civil Procedure (“CCP”) section 471.5, despite being filed after the 10-day filing period prescribed in California Rule of Court 3.1320(j). This case appears to settle the conflict that existed between the CCP and the Rules of Court as to the timing of demurrers following amendments to Complaints. Prior to this case, the validity of Rule of Court 3.1320(j)(2) was unclear as it arguably conflicted with CCP Section 471.5, which requires defendants to “answer” an amended complaint within 30 days after service. At the same time, it was not clear that CCP Section 471.5 applied to amendments after a demurrer had been sustained, and it was even more unclear whether the statutory 30-day period to “answer” an amended complaint foreclosed the shorter 10-day period prescribed under Rule of Court 3.1320(j)(2) for a demurrer or motion to strike. On July 15, 2011, Plaintiff filed a Complaint against Dr. Pepper Snapple Group, Inc. (“Dr. Pepper”) and others. On October 24, 2011, Plaintiff filed a First Amended Complaint (“FAC”). Dr. Pepper demurred to the FAC on various grounds. On January 5, 2012, the trial court sustained the demurrer in part, and overruled it in part. The Court granted Plaintiff 30 days to amend the FAC. Reprinted courtesy of R. Bryan Martin, Haight Brown & Bonesteel LLP and Kristian B. Moriarty, Haight Brown & Bonesteel LLP Mr. Martin may be contacted at bmartin@hbblaw.com, Mr. Moriarty may be contacted at kmoriarty@hbblaw.com Read the court decision
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A Closer Look at an HOA Board Member’s Duty to Homeowners

August 27, 2013 — Derek Lindenschmidt — Higgings, Hopkins, McLain & Roswell, LLC
Whenever a homeowner association (HOA) starts thinking in terms of a construction defect lawsuit against its developer and/or builder, its board members will inevitably be confronted with the purported risk and liability to their homeowners if they do not pursue the alleged defects and deficiencies brought to their attention. Not surprisingly, the board members are on occasion led to believe that pursuing such claims is synonymous with acting in the homeowners’ “best interests.” Further—and unfortunately—board members often feel as though they will breach their obligation to the homeowners if theydon’t agree to proceed with such claims. Nevertheless, how well do we really know what the board members’ duty actually consists of, when it applies, and what potential liability exists for a board member’s breach of same? The answers might surprise you. Read the court decision
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Reprinted courtesy of Derek Lindenschmidt
Derek Lindenschmidt can be contacted at lindenschmidt@hhmrlaw.com

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