Fairfield Connecticut Building Expert Directory

CDJ’s #7 Topic of the Year: The Las Vegas Harmon Hotel Year-Long Demolition & Trial Begins

December 31, 2014 — Beverley BevenFlorez-CDJ STAFF
The 26-story tower in MGM’s $9 billion Las Vegas, Nevada CityCenter project, is being demolished piece by piece after a structural engineer reported that an earthquake of 7.7 could bring it down. While litigation began as early as 2010, the trial didn’t begin until October of 2014, and expectation is it will last through almost all of 2015 as well, according to Carri Geer Thevenot of the Las Vegas Review-Journal. Read the court decision
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Constructive Suspension (Suspension Outside of an Express Order)

December 13, 2022 — David Adelstein - Florida Construction Legal Updates
In the federal procurement arena, there is a concept known as “constructive suspension.” Constructive suspension, while known in the federal arena, should reasonably apply to all projects when work is stopped outside of an express order to stop the work based on the law below. An unreasonable suspension is an unreasonable suspension and an express order to stop the work does not negate the effects of what really amounts to a suspension. “Constructive suspension occurs when work is stopped absent an express order by the contracting officer and the government is found to be responsible for the work stoppage.” P.R. Burke Corp. v. U.S., 277 F.3d 1346, 1359 (Fed. Cir. 2002). The government delay must be unreasonable to support a constructive acceleration claim. Id. “To demonstrate such a constructive suspension of work, the contractor must show that the delay (1) was for an ‘unreasonable length of time,’ (2) was proximately caused by the government’s actions, and (3) resulted in some injury to the contractor.” Fireman’s Fund Ins. Co. v. U.S., 2001 WL 36415627, *6 (Fed.Cl. 2001) (citation omitted). “Relative to proving that the delay was directly caused by the government, the contractor must concomitantly show that it was not delayed by any concurrent cause that would have independently generated the delay during the same time period even if it does not predominate over the government’s action as the cause of the delay.” Beauchamp Const. Co. v. U.S., 14 Cl.Ct. 430, 437 (Cl.Ct. 1988). Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Return-to-Workplace Checklist: Considerations and Emerging Best Practices for Employers

July 20, 2020 — Nancy Conrad & George C. Morrison - White and Williams LLP
As employers plan to return employees to the workplace, they should proceed with careful planning and incorporate best practices and measures to assure a safe, responsible and productive workplace. While there is no "one size fits all" plan, the following checklist will assist in assuring that your work environment includes the key safety components to return to the workplace in the midst of a pandemic. PREPARING THE WORKPLACE FOR RETURN & GENERAL HEALTH AND SAFETY

Create a company task force, safety committee or coordinator to oversee implementation of policies that address and enforce practices related to COVID-19.
Ensure HVAC systems are functional, have been properly cleaned and serviced and tuned to maximize airflow and filtration.
Review and increase cleaning protocols in coordination with lease terms and cleaning contracts. Ensure regular and thorough office cleanings, with a focus on high-touch surfaces and areas. Document cleaning protocols and schedule.
Implement social distancing requirements and provide visual markers on floors in compliance with applicable federal, state and local orders.
Rearrange work spaces, conference rooms and lunchrooms to comply with social distancing requirements.
Post notices about the number of individuals permitted in elevators, stairwells, rooms and on the premises.
Restrict movement between departments and floors.

Reprinted courtesy of Nancy Conrad, White and Williams LLP and George C. Morrison, White and Williams LLP Ms. Conrad may be contacted at conradn@whiteandwilliams.com Mr. Morrison may be contacted at morrisong@whiteandwilliams.com Read the court decision
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Wilke Fleury ranked in Best Lawyers’ Best Law Firms!!

December 03, 2024 — Wilke Fleury LLP
Wilke Fleury is pleased to announce its inclusion in the 2025 edition of ‘Best Law Firms’ ranked by Best Lawyers! Firms included in the 2025 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. Read the court decision
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Reprinted courtesy of Wilke Fleury LLP

Major Change to Residential Landlord Tenant Law

July 15, 2019 — Lawrence S. Glosser - Ahlers Cressman & Sleight PLLC
Governor Inslee has just signed SB 5600 which results in major changes to the Residential Landlord-Tenant Act (RCW 59.18) regarding the eviction process of residential tenants. The changes do not apply to non-residential tenancies which are still governed by RCW 59.12. The new law includes additional protections for tenants and limits the ability of landlords to evict tenants or recover costs for legal proceedings. It also grants judges substantial discretion in eviction hearings whereas judges were previously bound by the express terms of the statute. The major changes to the law are listed below:

A landlord must provide a tenant 14 days’ notice instead of three days’ notice in order to cure default in the payment of overdue rent. The Attorney General’s Office will create a uniform 14-day notice to pay and vacate default form.
Landlords must first apply any payment by a tenant to the rent amount before applying it towards other charges, including fees or other costs.

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Reprinted courtesy of Lawrence S. Glosser, Ahlers Cressman & Sleight PLLC
Mr. Glosser may be contacted at larry.glosser@acslawyers.com

Convictions Obtained in Las Vegas HOA Fraud Case

March 19, 2015 — Beverley BevenFlorez-CDJ STAFF
The Las Vegas Review-Journal reported that a jury “convicted four defendants charged in the massive scheme to take over and defraud homeowners associations.” Convicted defendants included former Benzer attorney Keith Gregory, Benzer’s half-sister Edith Gillespie, Salvatore Ruvolo, and David Ball. According to the Las Vegas Review-Journal, “Prosecutors contended the multimillion-dollar scheme was carried out between 2003 and 2009 by former construction company boss Leon Benzer and the late construction defects lawyer Nancy Quon. Benzer has since pleaded guilty. Quon committed suicide in 2012 under the weight of the high-profile investigation.” Read the court decision
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10 Answers to Those Nagging Mechanics Lien Questions Keeping You Up at Night. Kind of

November 05, 2014 — Garret Murai - California Construction Law Blog
Construction lawyers may not ponder the great questions in life. We leave that to the estate planning attorneys. But ponder we do. And the next case, as I’ll explain below, “kind of” answers 10 important mechanics lien questions we construction attorneys toss and turn over at night. Background In Palomar Grading & Paving, Inc. v. Wells Fargo Bank, Case Nos. G049907 and G049910 (October 14, 2014), developer Inland-LGC Beaumont, LLC (“Inland”) hired general contractor 361 Group Construction Services, Inc. (“361″) to construct a Kohl’s department store in Beaumont, California. The Kohl’s department store was to be constructed on one parcel of a three-parcel tract. Inland later sold the parcel on which the Kohl’s department store was to be located to Kohl’s and the two other parcels were later acquired by Wells Fargo who foreclosed on the construction loan for the project. Read the court decision
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Reprinted courtesy of Garret Murai, Kronick Moskovitz Tiedemann & Girard
Mr. Murai may be contacted at gmurai@kmtg.com

Seventh Circuit Remands “Waters of the United States” Case to Corps of Engineers to Determine Whether there is a “Significant Nexus”

July 10, 2018 — Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law Blog
On June 27, the U.S. Court of Appeals for the Seventh Circuit decided the case of Orchard Hill Building Co. v. U.S. Army Corps of Engineers. The Court of Appeals vacated the decision of the District Court granting the U.S. Army Corps of Engineers’ (Corps) motion for summary judgment dismissing the Orchard Hill Building Company’s (Orchard) complaint that the Corps’ jurisdictional determination erroneously found that the waters at issue were “jurisdictional waters” under the Clean Water Act (CWA) subject to the Corps’ jurisdiction. Acknowledging that the Corps and EPA had promulgated a new rule re-defining “waters of the United States” in 2015—which is now being challenged in the courts—the Court of Appeals noted that this case is controlled by the pre-2015 definition of “waters of the United States.” The Court of Appeals remanded the case to the Corps, directing it to determine if there was a significant nexus, as required. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES