FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Seven Trends That Impact Commercial Construction Litigation in 2021

March 29, 2021 — Jeffrey Kozek & E. Mitchell Swann - Construction Executive
2021 stands to bring sizeable change to the commercial construction industry as trends that had been on the horizon meet the impact of the pandemic. That means it will be even more important for architects, engineers, contractors and owners to prioritize revisiting their project plans as the industry adapts so that they can better reduce their likelihood of facing litigation down the line. While many in the industry will struggle to react to the ongoing environment, building stronger contractual understanding and preparedness to adapt could be the difference in being able to complete the work and move onto the next project in a timely manner. Meanwhile, contractors are using a wider usage of technologies for improved project communication and efficiency. In the coming year, there are seven trends will have the greatest impact on commercial construction. Reprinted courtesy of Jeffrey Kozek and E. Mitchell Swann, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
Read the full story...
Reprinted courtesy of

---

Understanding Lien Waivers

September 03, 2015 — Beverley BevenFlorez-CDJ STAFF
Zlien on their Construction Payment Blog explained how to read a lien waiver. According to Zlien, “Lien waivers are meant to function as a sort of receipt – if a party is paid a certain amount that party waives his or her right to claim a lien for that amount. “ The blog post breaks down the types of lien waivers, including Conditional Waivers, Unconditional Waivers, Final Payment, and Progress Payment. Once the type of waiver has been identified, Zlien suggests checking the length: “Because the party signing the lien waiver may feel obligated to sign whatever document is presented in order to get paid, unscrupulous or oblivious parties may attempt to use the lien waiver as a legal positioning tool and cram all sorts of other language into the lien waiver that really has no legitimate right or reason to be there.” Zlien recommends that if the document is long or confusing to consult an attorney. Read the court decision
Read the full story...
Reprinted courtesy of

---

Forget Backyard Pools, Build a Swimming Pond Instead

June 17, 2015 — Mark Ellwood – Bloomberg
No self-respecting Californian can let the summer pass without a dip in the backyard—pools are as much a part of culture as the 49ers, Schwarzenegger, and dire earthquake warnings. Now, though, there’s something unseemly about pooling so much water for the occasional swim—enough, in fact, to generate its own hashstag, #droughtshaming. There’s one surefire way to mitigate opprobrium: Build a natural swimming pond that’s specifically designed to minimize environmental impacts (or the cash premiums required to keep it up). Typical is one example in Sonoma County, where the the water seems to leak down from the rock perched on the ridge. Like a natural spring, it trickles and tumbles, pooling into water features as it falls; one feature is full of aquatic plants and flowers, while another is a swimming hole—clear, cool and inviting. It was built by Dave Whitney, chief executive officer of Eco Solutions, a pioneer in engineering such eco swimming ponds. These dipping pools use natural filtration instead of chlorine pellets to keep the water clean. Read the court decision
Read the full story...
Reprinted courtesy of Mark Ellwood, Bloomberg

---

London Is Falling Down and It's Because of Climate Change

July 16, 2023 — Priscila Azevedo Rocha - Bloomberg
Britain’s increasingly extreme weather is shaking the very foundations of its centuries-old history. The nation has been experiencing prolonged periods of drought after wet winters since last year. That’s causing the porous rock beneath vast parts of southeast of England, including London, to move more than usual, cracking or tilting many of the city’s historical homes in the plushest neighborhoods. The damage has triggered the highest insurance payout in almost two decades, with experts warning that it could get worse. The London clay, the type of soil that covers most of these areas, “is quite unique” because it can shrink and swell a lot, according to Lee Jones, a geological engineer at the British Geological Survey who has studied UK hazards for over 30 years. “The wetter it gets, the more it swells and expands and the drier it gets, the more it shrinks and cracks,” he said, adding that future temperature extremes will exacerbate the impact on buildings and roads. Read the court decision
Read the full story...
Reprinted courtesy of Priscila Azevedo Rocha, Bloomberg

---

New Safety Standards Issued by ASSE and ANSI

March 28, 2012 — Melissa Brumback, Construction Law in North Carolina

The American National Standards Institute (ANSI) and the American Society of Safety Engineers (ASSE) have recently announced their approval of two new safety standards to enhance construction site safety.



The two new standards, which are set to take effect during June 2012, are the ANSI/ASSE A10.1-2011 Pre-Project and Pre-Task Safety and Health Planning for Construction and Demolition Operations, and the ANSI/ASSE A10.26-2011 Emergency Procedures for Construction and Demolition Sites.



The new A10.1-2011 standard was designed to assist construction owners, contractors, and designers by ensuring that safety and health planning were standard parts of their pre-construction planning. It is also intended to help owners of construction sites to establish a process for evaluating constructor candidates with regard to their safety and health performance planning.



The A10.26 standard applies to emergency situations, including fires, collapses, and hazardous spills. The standard deals with emergency rescue, evacuation, and transportation of injured workers, and also plans for coordinating with emergency medical facilities ahead of potential disasters.



Read the full story…



Reprinted courtesy of Melissa Dewey Brumback of Ragsdale Liggett PLLC. Ms. Brumback can be contacted at mbrumback@rl-law.com.

 Read the court decision
Read the full story...
Reprinted courtesy of

---

New York Bars Developers from Selling Condos due to CD Fraud Case

October 15, 2014 — Beverley BevenFlorez-CDJ STAFF
According to GlobeSt, New York “Attorney General Eric T. Schneiderman has announced a settlement agreement that bars developers Joseph Scarpinito and Shiraz Sanjana—and five affiliated entities they own and operate—from offering or selling securities, including condo and coop sales, in or from New York State.” The settlement is in “result of an investigation by the Attorney General’s real estate finance bureau into allegations of fraud by the developers of the Mirada, an eight-story Harlem condominium.” GlobeSt also stated that the agreement “provides for binding arbitration with the condo purchasers for alleged construction defects, and requires the developers to pay $500,000 in penalties and fines to New York State.” Read the court decision
Read the full story...
Reprinted courtesy of

---

Construction Problem Halts Wind Power Park

November 13, 2013 — CDJ STAFF
Engineers have yet to determine why a blade on a wind turbine broke at a wind power plant in Michigan, but as part of their investigation they are halting work on the final 10 turbines. The already completed 60 turbines have been taken out of operation. As a result, the Echo Wind Park is no longer generating power. Scott Simons, a spokesperson for the project, said “we’re not going to put anyone or anything at risk until we get to the bottom of this.” However, Dennis Buda, the project manager, attributed the broken blade to a manufacturing defect. Construction was planned to end in November. Read the court decision
Read the full story...
Reprinted courtesy of

---

Whitney Stefko Named to ENR’s Top Young Professionals, formerly ENR’s Top 20 Under 40, in California

February 16, 2017 — Haight Brown & Bonesteel LLP
Every year, Engineering News-Record (ENR) honors young professionals who are making a big splash in the construction industry. This year, ENR named Whitney Stefko to its list of individuals who represent the best of the best in the construction industry. In its feature article, “Top Young Professionals Make a Big Impact in Construction Industry,” Stefko is recognized for her expertise in professional liability and construction defense law, and her success in representing hundreds of cases on behalf of developers, general contractors, subcontractors and design professionals. Read the court decision
Read the full story...
Reprinted courtesy of Whitney L. Stefko, Haight Brown & Bonesteel LLP
Ms. Stefko may be contacted at wstefko@hbblaw.com

---