Fairfield Connecticut Building Expert Directory

D&O Insurer Must Cover Mortgage Broker’s $15 Million Settlement of Alleged False Claims Act Violations

November 15, 2022 — Michael S. Levine, Geoffrey B. Fehling & Matthew J. Revis - Hunton Insurance Recovery Blog
A Delaware court recently granted summary judgment to a mortgage broker targeted in a federal government investigation for alleged False Claims Act violations, holding that the company’s directors and officers liability (“D&O”) insurer was required to indemnify more than $15 million in settlement costs with the U.S. Department of Justice. Guaranteed Rate, Inc. v. ACE American Insurance Company, No. N20C-04-268 MMJ CCLD (Del. Super. Ct. Sept. 6, 2022). We previously reported on the policyholder’s earlier victory in this case, in which the court held that a Civil Investigative Demand (“CID”) from federal authorities triggered the insurer’s obligation to pay defense costs under the D&O policy. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth, Geoffrey B. Fehling, Hunton Andrews Kurth and Matthew J. Revis, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Fehling may be contacted at gfehling@HuntonAK.com Mr. Revis may be contacted at mrevis@HuntonAK.com Read the court decision
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A Survey of New Texas Environmental and Regulatory Laws Enacted in the 88th Session (Updated)

August 28, 2023 — Anthony B. Cavender & Alexandra Trahan - Gravel2Gavel Construction & Real Estate Law Blog
This is a brief survey of many of the environmental and regulatory laws passed by the Texas Legislature and signed by the Governor in the 88th Regular Session of the Legislature, which ended in May 2023, although a special session has been called to address lingering matters. Altogether, more than 1,000 laws were enacted in this session, including a surprising number of water-related environmental bills. Water HB1565 relates to the functions of the Texas Water Development Board and continuation and functions of the State Water Implementation Fund for Texas Advisory Committee. Effective 9.1.23. HB1699 relates to the authority of the Evergreen Underground Water Conservation District to impose certain fees. Effective 6.9.23. HB1845 amends Section 37 of the Water Code to add Section 37.0045 relating to the licensing requirements for certain operators of wastewater systems and public water systems. Effective 9.1.23. Reprinted courtesy of Anthony B. Cavender, Pillsbury and Alexandra Trahan, Pillsbury Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com Read the court decision
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PulteGroup Fires Exec Accused of Defamation By Founder’s Heir

January 17, 2023 — Patrick Clark - Bloomberg
PulteGroup Inc. fired a senior executive for violating the company’s code of conduct two days after the grandson of the homebuilder’s founder sued the executive for alleged defamation. The company, which is the third-largest US homebuilder, said in a statement Friday that it had terminated Brandon Jones after the results of an independent investigation. Jones had been slated to assume the role of chief operating officer in January. Bill Pulte, 34, filed a lawsuit on Wednesday in Palm Beach County, Florida, alleging that Jones had used anonymous Twitter accounts to smear members of the Pulte family. The lawsuit accused the executive of impersonating a business journalist and making a false claim that Pulte manipulated his grandfather. Read the court decision
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Reprinted courtesy of Patrick Clark, Bloomberg

A Court-Side Seat: Citizen Suits, “Facility” Management and Some Nuance for Your Hazard Ranking

September 28, 2020 — Anthony B. Cavender - Gravel2Gavel
Some very interesting and fairly complex environmental law rulings have been released in the past few days. U.S. Supreme Court—Trump, et al. v. Sierra Club, et al. On July 31, 2020, in a 5-to-4 decision, the Supreme Court denied a motion to lift the stay entered by the Court a few days earlier. The earlier action stayed a preliminary injunction issued by the U.S. District Court for the Northern District of California, which had enjoined the construction of a wall along the Southern Border of the United States which was to be constructed with redirected Department of Defense funds. The merits will be addressed by the lower court and perhaps the U.S. Court of Appeals for the Ninth Circuit. U.S. Court of Appeals for the District of Columbia Circuit—Meritor, Inc. v. EPA In a case involving EPA’s administration of the Superfund National Priority List (NPL) of priority Superfund sites requiring expedited cleanup, the court held that EPA had acted in accordance with the law and its implementing rules, and denied relief. Meritor was spun off from Rockwell Corporation, and is responsible for Rockwell’s environmental liabilities, including sites Meritor never operated. In 2016, EPA added the Rockwell International Wheel & Trim facility in Grenada, Miss., to the NPL list. Meritor alleged that this listing was arbitrary and capricious, pointing to EPA’s failure to adequately consider the impact of a mitigation measure added to the facility to address vapor intrusion, a factor EPA must consider in its application of the agency’s hazard ranking system. However, the court was not impressed by these arguments, and denied relief. The court’s discussion of the nuances of the hazard ranking system is very instructive 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

Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction

November 09, 2020 — Joshua Levy & Madeleine Bailey - Construction Executive
There’s nothing like working in an office while pilings are being pounded into the ground next door, leading to crashing sounds of pile driving and the attendant afternoon headaches. Fortunately, that’s often the extent of a neighboring project’s real inconvenience. In other cases, however, construction in close quarters can mark the beginning of costly and emotional disputes, which can escalate to costly legal battles during and after construction. NUISANCE AND STRUCTURAL DAMAGE CLAIMS Construction claims are often based on the concept of “nuisance,” or on structural damage to adjacent property. Nuisance claims are typically based on noise and dust from construction sites, while structural damage claims are based on direct physical damage caused by neighboring demolition, vibrations, excavation and dewatering. These types of claims can result in monetary damages for neighbor plaintiffs, loss of permits for contractors and reputational damage to the developer. In one recent case in New York City, the developer faces up to $10 million in damages in a lawsuit with a neighboring property owner. The developer was conducting excavation, dewatering and installation of steel sheet piles, which the plaintiff alleges caused its five-story building to settle and shift, rendering doors inoperable and causing extensive cracking and separation of floors and ceilings from walls and supports. The plaintiff filed its complaint on Jan. 24, 2019, and the lawsuit is ongoing, exemplifying that construction claims such as these can be time consuming and costly (Complaint, 642 East 14th St. v. 644 E. 14th Realty [N.Y. Sup. Ct. January 24, 2019]). Reprinted courtesy of Joshua Levy & Madeleine Bailey, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Levy may be contacted at joshua.levy@huschblackwell.com

Float-In of MassDOT Span Sails, But Delay Dispute Lingers

December 08, 2016 — Johanna Knapschaefer – Engineering News-Record
The Massachusetts Dept. of Transportation and a contracting team are in discussions regarding fabrication issues that caused a two-year delay in the completion of a key crossing between Quincy and Weymouth. The full completion of the $244-million Fore River Bridge replacement, originally slated for Jan. 5, 2017, is now projected for February 2019. Read the court decision
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Reprinted courtesy of Johanna Knapschaefer, Engineering News-Record
ENR may be contacted at enr.com@bnpmedia.com

Tall Mass Timber Buildings Now Possible Under 2021 IBC Code Changes

February 03, 2020 — Kenneth Bland - Construction Executive
The International Code Council (ICC) has approved 17 changes to the 2021 editions of the International Building Code (IBC) and International Fire Code, allowing for mass timber buildings up to 18 stories. With the addition of three new mass timber construction types (Type IV-A, IV-B, and IV-C), this is the first time in the history of the modern building code that significantly new construction types have been added to the code. Building Materials The primary building material that makes tall mass timber (TMT) buildings possible is cross-laminated timber (CLT). CLT is manufactured from dimension lumber (nominal 2x lumber) laid side-by-side or mass plywood panels of a specified width. Laminations of lumber are typically laid perpendicular to each other to form panels of various thicknesses that are bonded together using heat resistant adhesives that cure in large hydraulic presses. CLT commonly consists of an odd number of laminations. These solid wood panels can be anywhere from 6 inches to 20 inches nominal thickness and 60 feet long. Typical CLT panels will be 6 inches to 14 inches nominal thickness. The panels are fabricated off site, transported onto the construction site and assembled in a manner that is efficient and remarkably fast. CLT panels can be used as floor, wall, or roof building elements supported by glued-laminated beams and columns. Reprinted courtesy of Kenneth Bland, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Exploring Architects’ Perspectives on AI: A Survey of Fears and Hopes

March 19, 2024 — Aarni Heiskanen - AEC Business
RIBA, the Royal Institute of British Architects, ran a survey in late 2023 with 500 respondents on the impact of AI on their profession. The study also explored the near-term outlook for AI adoption and use. The results reveal divided opinions among architects. A popular view is that AI threatens the profession, even though a larger portion sees tools like AI as necessary in the coming years. The Present Use of AI The respondents were asked, for the projects they are currently working on, how often their practice used AI in any way. In all, 41% said that they use AI to some degree. Of those, 43% agree that AI has improved efficiency in the architectural design processes, while 24% disagree. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES