Fairfield Connecticut Building Expert Directory

Weed Property Owner Gets Smoked Under Insurance Policy

May 10, 2022 — Garret Murai - California Construction Law Blog
When’s the last time you read your homeowner’s insurance policy? Didn’t think so. But you might consider doing so, particularly in light of all of the discussions surrounding climate change – a nearly 2 degree Fahrenheit increase in summer temperatures over the past 20 years – and studies finding that wildfires in California could increase by 20% or more by the 2040s, and that the total burned area could increase by 25% or more. In the next case, Vulk v. State Farm (2021) 69 Cal.App.5th 243, one homeowner found out too late (after his house burned to the ground) that his homeowner’s insurance policy didn’t provide the coverage that he thought it did. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

No Coverage for Roof Collapse During Hurricane

January 29, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The Fifth Circuit affirmed the district court's determination that the insured's roof collapse was not covered. Exclusive Real Estate Inv., L.L.C. v. S.G.L. No. 1, Ltd., 2023 U.S. App. LEXIS 29368 (5th Cir. Nov. 3, 2023). A building owned by Exclusive Real Estate partially collapsed during a rain-storm. The insurer, SGL, inspected the roof and determined that there was no coverage. Exclusive sued SGL for breach of contract and bad faith. SGL moved for summary judgment, which was granted by the district court. Exclusive appealed. The poicy covered "direct physical loss to the property" caused by windstorms. Exclusions, however, precluded coverage for losses "caused by rain, snow, sleet, sand or dust unless the direct force of wind or hail damages the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening." 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

Traub Lieberman Partner Stephen Straus Wins Spoliation Motion in Favor of Defendant

June 05, 2023 — Stephen D. Straus - Traub Lieberman
Traub Lieberman Partner Steve Straus represented a refrigeration installation and service company in a subrogation action filed by a property insurer after paying a claim related to extensive water damage at premises on Long Island, New York. The premises owner purchased a refrigerator, which was sold without a hose to connect to the water source inside the premises. The defendant retailer retained Traub Lieberman’s client to install the refrigerator. Rather than complete the installation using a new water line, the installer used the existing line from the refrigerator that was being replaced. Approximately one week after installation, the owner’s son discovered water on the floor near the refrigerator, and significant water damage in the basement of the residence. The owner filed a claim with the insurer, which sent an investigator to the premises. The retailer also sent a technician to investigate and replace the water supply line. It was reportedly determined that the original line had failed, causing the water release. After the repair, the owner’s son took possession of the old water line, which he kept for a couple of years and then discarded. The insurer initiated a subrogation action against the retailer and the installation company, alleging that the water release was caused by the defendants’ failure to replace the water line when the new unit was installed. Plaintiff claimed that photographs of the old line established that it had been damaged or defective. Read the court decision
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Reprinted courtesy of Stephen D. Straus, Traub Lieberman
Mr. Straus may be contacted at sstraus@tlsslaw.com

COVID-19 Impacts on Subcontractor Default Insurance and Ripple Effects

April 20, 2020 — Smith Currie
Subcontractor default insurance (“SDI”) may be described as an alternative to bonding subcontractors. SDI is first-party insurance that compensates the general contractor insured in the event a covered subcontractor fails to fulfill its contractual obligations. Under SDI policies, general contractor insureds are obligated to develop and implement rigorous subcontractor prequalification procedures. Basic questions and answers about how SDI might come into play and impact the construction industry in response to COVID-19 follow: Who may make a claim on an SDI policy? The general contractor may make a claim. An Owner may make a claim if the general contractor becomes insolvent in many cases. Subcontractors may not make claims on SDI policies. Read the court decision
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Reprinted courtesy of Smith Currie
The Smith Currie firm may be contacted at info@smithcurrie.com

Congratulations to Haight Attorneys Selected to the 2021 Southern California Super Lawyers List

January 25, 2021 — Haight Brown & Bonesteel LLP
Eight Haight attorneys have been selected to the 2021 Southern California Super Lawyers list. Congratulations to:

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Reprinted courtesy of Haight Brown & Bonesteel LLP

Incorporation, Indemnity and Statutes of Limitations, Oh My!

January 19, 2017 — Christopher G. Hill – Construction Law Musings
We all know that the contract is king in Virginia. We also know that Virginia will allow for a so called “incorporation” clause that will allow for “flow down” of certain prime contract provisions in a way that will make those provisions applicable to subcontractors. We also know that a claim for breach of contract or other contractual claim does not last forever due to certain statutes of limitation found in the Code of Virginia. What happens when all of these elements crash together in one place leading to litigation? Well, a relatively recent case from the Virginia Supreme Court gives at least a partial answer. In Hensel Phelps Construction Company v Thompson Masonry Contractor, Inc, the Virginia Supreme Court considered a claim that arose from construction at Virginia Tech by Hensel Phelps. The construction concluded in 1998 (remember that date). The Prime Contract included language concerning a one year “Guarantee of Work” as well as fairly typical Warranty of Workmanship” language. However the Prime Contract also stated that the one year guaranty term did nothing to affect any other limitations period for any other action pursuant to the Prime Contract (this is important as well because Virginia Tech was not subject to any statute of limitations due to its status as an agency of the Commonwealth of Virginia). Final payment was made to Hensel Phelps and subsequently to the subcontractors in 1999. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Home Construction Slows in Las Vegas

November 27, 2013 — CDJ STAFF
Although home builders in the Las Vegas area are doing better than they were in 2012, growth is still slow and October saw a decline in the sale of new homes. However, as with other areas, the average home price actually increased over prior months, despite the cooling off the actual number of sales. Taken as a whole though, 2013 looks a lot better than 2012, with 44% more homes sold this year. Dennis Smith, the president of Home Builders Research said that 2013 “will be remembered as ‘the year of recovery,’” but added that “there is still a long path ahead for everyone to feel a sense of comfort.” Read the court decision
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Reprinted courtesy of

New York Team Secures Appellate Win on Behalf of National Home Improvement Chain

September 26, 2022 — Lewis Brisbois
New York, N.Y. (August 12, 2022) - New York Appellate Partner Nicholas P. Hurzeler, with New York Partners John J. Doody and David M. Pollack, obtained a significant appellate victory on behalf of a national home improvement chain when a New York Appellate Division panel for the Second Department reduced a jury verdict by more than half. In this matter, which was covered by Law360, the plaintiff was a customer at one of the chain's stores when he was involved in a confrontation with a man and his wife as they exited the store. The chain's loss prevention official told police that the plaintiff had assaulted the female customer. As a result of the incident, the plaintiff was arrested, spent the night in jail, and was arraigned at the same courthouse where he worked as a staff attorney while wearing only an undershirt and jogging shorts. He also had to disclose his arrest on his judgeship nomination application. The charges against him were ultimately dropped after the chain's loss prevention official told prosecutors that surveillance video showed that the female customer’s assault claims were false. The plaintiff subsequently sued the home improvement chain and its loss prevention official for allegedly causing his false arrest and interfering with his career goal of securing a New York state court judgeship. At the close of the trial in this case, the jury determined that the defendant was liable for battery and false imprisonment, and awarded the plaintiff $1.8 million for pain and suffering. Read the court decision
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Reprinted courtesy of Lewis Brisbois

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