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    The Contributors to This Blog Are Pleased to Announce That….

    Lien Law Change in Idaho

    University of California Earthquake Report Provides List of Old Concrete Buildings in LA

    A Subcontractor’s Perspective On California’s Recent Changes to Indemnity Provisions

    Insurer’s Broad Duty to Defend in Oregon, and the Recent Ruling in State of Oregon v. Pacific Indemnity Company

    Ohio Court Finds No Coverage for Construction Defect Claims

    The Role of Code Officials in the Design-Build Process

    Contractors Can No Longer Make Roof Repairs Following Their Own Inspections

    Construction Defect Lawsuits May Follow Hawaii Condo Boom

    Coverage Denied for Condominium Managing Agent

    Court Narrowly Interprets “Faulty Workmanship” Provision

    Defective Concrete Blocks Spell Problems for Donegal Homeowners

    How to Survive the Insurance Claim Process Before It Starts –Five Tips to Keep Your Insurance Healthy

    No Duty To Defend Additional Insured When Bodily Injury Not Caused by Insured

    Crane Firm Pulled Off NYC Projects Following Multiple Incidents

    Tesla’s Solar Roof Pricing Is Cheap Enough to Catch Fire

    Pennsylvania’s Supreme Court Clarifies Pennsylvania’s Strict Liability Standard

    Hawaii Bill Preserves Insurance Coverage in Lava Zones

    "Repair Work" Endorsements and Punch List Work

    Shutdowns? What A Covid-19-Safe Construction Site Looks Like

    COVID-izing Your Construction Contract

    PATH Station Designed by Architect Known for Beautiful Structures, Defects, and Cost Overruns

    The Conscious Builder – Interview with Casey Grey

    Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable

    Patagonia Will Start Paying for Homeowners' Solar Panels

    That Boilerplate Language May Just Land You in Hot Water

    Nine Newmeyer & Dillion Attorneys Recognized as Southern California Super Lawyers

    Stair Collapse Points to Need for Structural Inspections

    Witt Named to 2017 Super Lawyers

    Building Codes Evolve With High Wind Events

    The Court of Appeals Holds That Indifference to Safety Satisfies the Standard for a Willful Violation Under WISHA

    Residential Construction Rise Expected to Continue

    New York Converting Unlikely Buildings into Condominiums

    “You’re Out of Here!” -- CERCLA (Superfund) Federal Preemption of State Environmental Claims in State Courts

    Suing a Local Government in Land Use Cases – Part 1 – Substantive Due Process

    Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

    Contractual Waiver of Consequential Damages

    New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers

    NTSB Outlines Pittsburgh Bridge Structure Specifics, Finding Collapse Cause Will Take Months

    Contractual Warranty Agreements May Preclude Future Tort Recovery

    Minneapolis Condo Shortage Blamed on Construction Defect Law

    "Your Work" Exclusion Bars Coverage

    Quick Note: Subcontractor Payment Bond = Common Law Payment Bond

    TARP Funds Demolish Homes in Detroit to Lift Prices: Mortgages

    The CA Supreme Court Grants Petition for Review of McMillin Albany LLC v. Super Ct. 2015 F069370 (Cal.App.5 Dist.) As to Whether the Right to Repair Act (SB800) is the Exclusive Remedy for All Defect Claims Arising Out of New Residential Construction

    Defense for Additional Insured Not Barred By Sole Negligence Provision

    No Coverage for Contractor's Faulty Workmanship

    Bidder Be Thoughtful: The Impacts of Disclaimers in Pre-Bid Reports

    Tesla Powerwalls for Home Energy Storage Hit U.S. Market

    Design Professional Liens: A Blueprint
    Corporate Profile

    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Fairfield, Connecticut Building Expert Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Fairfield's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Expert News & Info
    Fairfield, Connecticut

    Ten-Year Statute Of Repose To Sue For Latent Construction Defects

    November 12, 2019 —
    If you are dealing with latent construction defects, it is imperative that you consult with counsel to understand your rights. This not only includes claims for property damage stemming from latent construction defects, but also personal injury stemming from such defects. There is a ten-year statute of repose to sue for latent construction defects. See Fla.Stat. s. 95.11(3)(c). After the expiration of this statute of repose you are out of luck, meaning you can no longer sue. Now, I probably will not be the first to tell you that the statute of repose is not written so clear that you know the precise date it ends (or the last date you can sue for a latent defect). For this reason, you really want to operate conservatively, meaning it is always better to sue early if you think you could be running on the end of the statute of repose period. It is always advisable to avoid any legitimate argument that you filed your construction defect lawsuit too late. In Harrell v. The Ryland Group, 44 Fla. L. Weekly D2054b (Fla. 1st DCA 2019), a subsequent owner of a house sued the original homebuilder in negligence for a construction defect causing a personal injury. The subsequent owner claimed the homebuilder defectively installed an attic ladder (that provided access to the attic for the original construction) which collapsed as he was using it. The homebuilder filed a motion for summary judgment that the statute of repose expired so the owner’s claim was time-barred. The First District agreed. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    ASCE Statement on Calls to Suspend the Federal Gas Tax

    June 27, 2022 —
    WASHINGTON, D.C. – ASCE strongly opposes the recent announcement from the Biden Administration to suspend the current 18.4 cents-per-gallon federal gasoline tax for three months. Even at the same modest figure of 18 cents per gallon for over 25 years since 1993, the motor fuel tax has represented a reliable federal revenue source for communities to fix and modernize their network of roads, bridges, and transit systems. Suspending the gas tax would result in the loss of billions in revenue from the Highway Trust Fund (HTF), significantly diminishing much of the progress made in the Bipartisan Infrastructure Law at a time when Americans expect improvements to the nation's roads, bridges, and transit systems. Replacing this lost revenue with funds from other sources is not a viable long-term solution and sets a damaging precedent. Encouraging states to follow suit will compound this bad idea and further exacerbate our nation's infrastructure funding challenges. Our transportation system, including roadways, bridge spans, and transit networks, can't rely on novel, unpredictable funding. Further, there is little guarantee that motorists will see any real relief at the pump. Gas holidays aren't price controls; the manager at the gas station still gets to set their price. Oil producers have benefited significantly in the past from previous state-level gas tax holidays. There is no mechanism to ensure that these "savings" are passed on to consumers, but there is a virtual guarantee of disrupting transportation dollars and the HTF. While it sounds like an enticing solution when pocketbooks are strained, Congress knows that a variety of factors, including plain supply and demand, affect the prices that people see at fuel stations. Now is the time to build on the momentum of the Bipartisan Infrastructure Law which, for the first time in decades, takes significant steps to revitalize our nation's aging infrastructure, improve public safety, strengthen our economy, and deliver well-paying jobs. Read the court decision
    Read the full story...
    Reprinted courtesy of

    No Duty to Defend Suit That Is Threatened Under Strict Liability Statute

    July 09, 2014 —
    The Washington Court of Appeals found there was no duty to defend the insured under a strict liability statute for alleged contamination when no action was threatened by the agency. Gull Indus., Inc. v. State Farm Fire and Cas. Co., 2014 Wash. App. LEXIS 1338 (Wa. Ct. App. June 2, 2014). Gull leased a gas station to the Johnsons from 1972 to 1980. In 2005, Gull notified the Department of Ecology (DOE) that there had be a release of petroleum product at the station. DOE sent a letter acknowledging Gull's notice of suspected contamination. In 2009, Gull tendered its defense to its insurer, Transamerica Insurance Group. Gull also tendered its claims as an additional insured to the Johnson's insurer, State Farm. Neither insurer accepted the tenders. Gull then sued the insurers, arguing they had a duty to defend. Gull contended that because the state statute imposed strict liability, the duty to defend arose whether or not an agency had sent any communications about the statute or cleanup obligations. The insurers moved for partial summary judgment. The trial court ruled in favor of the insurers. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    If I Released My California Mechanics Lien, Can I File a New Mechanics Lien on the Same Project? Will the New Mechanics Lien be Enforceable?

    December 29, 2020 —
    If I Released My California Mechanics Lien, Can I File a New Mechanics Lien on the Same Project? Will the New Mechanics Lien be Enforceable? In general, the answer to the above questions is “Yes”, but only if you meet the following requirements:
    1. You must only release the mechanics lien itself, but not the “right” to a mechanics lien: There is an important distinction to be made between releasing a mechanics lien and releasing the right to a mechanics lien. Whether you do one or the other will depend on the specific language used in your release. In the case of Santa Clara Land Title Co. v. Nowack and Associates, Inc. (1991) 226 Cal. App.3d, 1558 a “release of mechanics lien” document was recorded TO THE County Recorder’s office which included a statement that the mechanics lien was “fully satisfied, released and discharged”. Based on this language, the court concluded that the mechanics lien claimant had waived its “right” to a further mechanics lien on the same property for the work in question. The court concluded that since the release stated that the claim was “fully satisfied” the right to mechanics lien on the project had forever been waived. The Nowak case can be distinguished from the case of Koudmani v. Ogle Enterprises, Inc., (1996) 47 Cal.App.4th 1650, where the release of mechanics lien only stated that the mechanics lien was “otherwise released and discharged” and not that it was “satisfied”. Based on the distinction drawn from the two cases, a simple mechanics lien release that only releases the mechanics lien itself, but not the “right” to a mechanics lien should be used. At the following link you will find a proper form to achieve this purpose: https://www.porterlaw.com/wp-content/uploads/2019/06/03PRI-Mechanics-Lien-Release.pdf
    Read the court decision
    Read the full story...
    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    As Single-Family Homes Get Larger, Lots Get Smaller

    September 03, 2014 —
    The National Association of Home Builders’ (NAHB) Eye on Housing demonstrated that though the “single-family homes have been generally getting larger,” the average lot size has decreased over the years. For instance, from 1992-1995, “[t]he median lot size of a new single-family detached home sold was an even 10,000 square feet.” However, by 2004, lot size had decreased to 8,833 square feet. It bounced up to 9,000 and then came down again. In 2013, median lot size was 8,720 square feet. Read the court decision
    Read the full story...
    Reprinted courtesy of

    10 Answers to Those Nagging Mechanics Lien Questions Keeping You Up at Night. Kind of

    November 05, 2014 —
    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
    Read the full story...
    Reprinted courtesy of Garret Murai, Kronick Moskovitz Tiedemann & Girard
    Mr. Murai may be contacted at gmurai@kmtg.com

    Address 'Your Work' Exposure Within CPrL Policies With Faulty Workmanship Coverage

    December 29, 2020 —
    New faulty workmanship coverage forms have emerged to potentially address the “your work” exposure found in most contractors professional liability (CPrL) policies. Once offered by only a single carrier, several insurers have recently entered the marketplace to cover the cost to repair or replace faulty work or the related material costs associated with the “self-performed work” of general and trade contractors. Commonly serving as a separate insuring agreement and offered in carrier-specific CPrL policies, faulty workmanship coverage forms are designed to protect contractors from the “your work” claims triggered by project owners and other third parties. This includes the contractor’s workmanship as well as the equipment, parts and materials such as steel beams, epoxy activators and anchor bolts used to perform construction work. Insureds should be aware that exclusions and strict conditions apply. For instance, faulty workmanship policies typically do not cover resulting bodily injury and property damage and some policies even exclude project delays and other business risks that can arise from the claims of unhappy customers. Another potentially confusing issue is the scope of coverage offered under a ‘faulty work’ endorsement. While some faulty workmanship enhancements are specifically-designed to cover “your work,” claims, others may only cover the products manufactured or fabricated by the insured and not the work they perform or install. Reprinted courtesy of Joseph Reynolds, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of
    Mr. Reynolds may be contacted at joseph.reynolds@rtspecialty.com

    Real Estate & Construction News Round-Up (11/03/21)

    December 06, 2021 —
    Amenity-rich buildings become a key focus in enticing employees back into the office, supply chain links are strained by a lack of storage capacity in warehouses and port areas, green lease signings are on the uptick, and more.
    • In an effort to draw employees back into the office and retain talent in a tight labor market, businesses are spending more than ever on upscale workspaces, paying high rents for modern, amenity-rich buildings. (Peter Grant, The Wall Street Journal)
    • As sustainability and ESG factors become increasingly important, net-zero carbon commitments are emerging as the next big “must-have” for commercial real estate owners, as more than 100 businesses and organizations have signed on to the World Green Building Council’s Net Zero Carbon Buildings Commitment, which seeks to decarbonize the buildings sector by 2050 and get halfway there by 2030. (Elsa Wenzel, GreenBiz)
    Read the court decision
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team