Fairfield Connecticut Building Expert Directory

Residential Mortgage Lenders and Servicers Beware of Changes to Rule 3002.1

December 08, 2016 — James C. Vandermark & Amy E. Vulio – White and Williams LLP
This December, residential mortgage lenders and servicers will be required to comply with new requirements for providing notices of payment changes (PCNs) and post-petition fees, expenses, and charges (PPFNs) to mortgage borrowers in Chapter 13 bankruptcies. While the new Federal Bankruptcy Rule 3002.1 will provide much needed clarity, it will also significantly increase the number of PCNs and PPFNs that lenders will need to file. Reprinted courtesy of James C. Vandermark, White and Williams LLP and Amy E. Vulio, White and Williams LLP Mr. Vandermark may be contacted at vandermarkj@whiteandwilliams.com Ms. Vulpio may be contacted at vulpioa@whiteandwilliams.com Read the court decision
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Idaho Federal Court Rules Against Sacketts After SCOTUS Decided Judicial Review of an EPA Compliance Order was Permissible

May 13, 2019 — Anthony B. Cavender - Gravel2Gavel
In a decision released on March 31, in Sackett v. EPA, the U.S. District Court for Idaho held, without benefit of oral argument, that the Environmental Protection Agency’s (EPA) motion for summary judgment should be granted, and accordingly, the Sacketts had violated the Clean Water Act (CWA) by making improvements to 0.63 acres of land they owned without a required CWA permit when the land qualified as a “wetlands.” The EPA had determined the Sacketts’ “property is subject to the CWA because it contains wetlands adjacent to Priest Lake, a traditionally ‘navigable water,’ and, additionally, their property is wetland adjacent to a tributary and similarly situated to other wetlands and has a significant nexus to Priest Lake.” The District Court rejected the Sacketts’ arguments that their property was not a “wetlands” subject to the CWA. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Nevada Assembly Sends Construction Defect Bill to Senate

June 06, 2011 — CDJ STAFF

In a 26 to 16 vote, the Nevada Assembly has passed Assembly Bill 401, which extends the time limit for legal action over home construction defects. According to the Las Vegas Sun, Assembly member Marcus Conklin, Democrat of Las Vegas, said the bill was about “keeping the consumer whole.” However, Ira Hansen, Republican of Sparks, told the sun that suits are happening before contractors can make repairs. The bill would allow attorney fees even if repairs are made.

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Know Your Obligations Under Both the Prime Contract and Subcontract

December 02, 2015 — Craig Martin – Construction Contractor Advisor
A recent case out of New Mexico highlights the importance for subcontractors to review their contract with the general and the contract between the general and the owner. In Centex/Worthgroup, LLC v. Worthgroup Architects, L.P, the architect claimed that the limitation of liability clause in the prime contract trumped the provisions of the subcontract. The court disagreed and ruled that the specific provision in the subcontract controlled. In the case, a general contractor was hired to expand and renovate a resort. The general contractor subcontracted with an architect to design a mechanically stabilized earth wall. The prime contract contained a limitation of liability clause that states:

general contractor shall require its design professional Subcontractor(s) to obtain insurance in an amount not less than $3,000,000. Owner agrees that it will limit general contractor’s liability to Owner for any errors or omissions in the design of the Project to whatever sums Owner is able to collect from the above described professional errors and omissions insurance carrier.

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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

How Construction Contracts are Made. Hint: It’s a Bit Like Making Sausage

October 07, 2016 — Garret Murai – California Construction Law Blog
Construction can be a messy affair. In a sense, that’s to be expected when you’re building a complex structure, involving the coordination of several parties and numerous persons, in the natural environment and in the elements, subject to an increasing array of laws, regulations, ordinances and codes, and often at the cost of hundreds if not billions of dollars. So too can construction contracts. There’s the plans, the specifications, the general conditions, the special conditions, the addenda, the prime contract, the subcontracts, the purchase orders, and the change orders, to name just a few of the documents which bind parties, which should ideally be consistent and complimentary with one another, when the reality is that the parties bound to those contracts often have very different interests. Perhaps the analogy goes a little too far afield, but it makes the point, that it can sometimes be a bit like making sausage. The next case, Watson Bowman Acme Corporation v. RGW Construction, Inc., California Court of Appeals for the Fifth District, Case No. F070067 (August 9, 2016), highlights the problems which can arise from the numerous documents which make up the typical construction contract today and the lengths that juries and judges must go to interpret what those agreements mean. 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

Environmental Justice Legislation Update

May 17, 2021 — Anthony B. Cavender - Gravel2Gavel
Environmental Justice, as an urgent priority of the Federal Government, dates back to 1994, and President Clinton’s issuance of Executive Order 12898. This order directed federal agencies to identify and address, as appropriate, the disproportionately high and adverse human health and environment effects of its many programs, policies and procedures on minority populations and low-income populations. The primary legal basis for this order was Title VI of the Civil Rights Act of 1964, in particular, Sections 601 and 602, which prohibit discrimination in programs and activities receiving federal financial aid and assistance. Over the years, the Supreme Court has reviewed the scope and importance of Title VI. In Alexander v. Sandoval, decided in 2001, the Court concluded that while private parties could sue to enforce Section 601 or its implementing regulations, as written, Section 601 only prohibits intentional discrimination. Noting that disproportionate impact is not the sole touchstone of invidious racial discrimination. Moreover, the Court also ruled in Sandoval that private parties cannot sue to enforce regulations implementing Section 602. Perhaps as an acknowledgement of these shortcomings, the Environmental Protection Agency (EPA) has established an administrative system to process environmental justice complaints at 40 CFR Part 7. Without strengthening the statutory base of environmental justice, the program may continue to be the subject of countless symposiums and seminars. However, this may change soon. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

The Double-Breasted Dilemma

July 18, 2022 — Lauren E. Rankins & Saloni Shah - ConsensusDocs
What Is A Double-Breasted Operation? A double-breasted operation is when a firm has two entities, and one entity performs work under collective bargaining agreements and the other does not. While this type of operation is not outright prohibited, it is often subject to a variety of challenges and scrutiny. To legally run a double-breasted operation, the two companies must remain separate and distinct. If the companies are not sufficiently separate and distinct from one another, the National Labor Relations Board (“NLRB”) or a court may find that the two companies are operating as a single entity or that the non-union company, or also known as the open shop, is merely an alter ego of the union company and, therefore, bound by the terms of the collective bargaining agreement. In order to determine whether the companies are sufficiently separate and distinct, the two entities must pass either the single employer test or the alter ego test depending on the nature of the double-breasted operation. Typically, the single employer test is used when the two entities run parallel operations, and the alter ego test is used when the open shop replaces the union company. Under the single employer test, the NLRB or courts will generally consider four factors: (1) the interrelation of operations; (2) common management; (3) common control of labor relations; and (4) common ownership. The alter ego test does not require a finding that the companies are a single bargaining unit, but analyzes to what extent the two entities have substantially identical management, business operation and purpose, business equipment, customers, and ownership. While common ownership is a factor considered under both the single employer and alter ego tests, common ownership alone is not dispositive of whether the companies are sufficiently separate and distinct. In other words, the NLRB and courts do not simply look for common ownership to determine whether the double-breasted operation is lawful. It is merely one of many factors to consider. Read the court decision
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Reprinted courtesy of Lauren E. Rankins, Watt, Tieder, Hoffar & Fitzgerald, LLP (ConsensusDocs)
Ms. Rankins may be contacted at lrankins@watttieder.com

Burg Simpson to Create Construction Defect Group

November 06, 2013 — CDJ STAFF
Burg Simpson Eldredge Hersh & Jardine, P.C. has announced that the attorneys of Sullan2, Sandgrund, Perczak & Nuss, P.C. will be joining them as S2SPN Construction Defect Group of Berg Simpson. The group will be headquartered at Burg Simpson’s Engelwood offices. The combined firms will comprise 55 attorneys. Michael Burg, founding shareholder at Burg Simpson, said that “in Colorado for the past 29 years, these lawyers have provided the highest level of construction defect representation.” His counterpart, Scott Sullan of Sullan2, Sandgrund, Perczak & Nuss said that he and his colleagues are “delighted to be a part of the Burg Simpson team.” The two firms join forces effective January 1, 2014. Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES