Fairfield Connecticut Building Expert Directory

Update Relating to SB891 and Bond Claim Waivers

June 10, 2015 — Christopher G. Hill – Construction Law Musings
Several bills were passed and will go into effect on July 1, 2015 that affect the construction industry here in Virginia. The most interesting of these was an amendment to the mechanic’s lien statutes relating to waivers of lien rights. As I posted in March, SB891 amended the mechanic’s lien statute, Va. Code Section 43-3, to remove proactive waivers of lien and bond rights. This bill has been signed into law with a minor modification. Read the court decision
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Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
Mr. Hill may be contacted at chrisghill@constructionlawva.com

What Makes a Great Lawyer?

February 06, 2019 — Danielle Carter - Bremer Whyte Brown & O'Meara LLP
Good lawyers have mastered and understand the analytical and communication skills taught in law school, but great lawyers build upon this foundation by continuing to develop traits and skills for success. Here are five tips to help good lawyers enhance client outcomes and excel within their profession. Be Objective Lawyers cannot be effective advocates unless they are first willing to perceive and analyze problems from all angles. Lawyers must discern strong claims from weak; urgent concerns from long-term; and large issues from small. A lawyer who adopts the tone of an emotionally-charged client risks alienating the court and jury. Read the court decision
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Reprinted courtesy of Danielle Carter, Bremer Whyte Brown & O'Meara LLP
Ms. Carter may be contacted at info@bremerwhyte.com

With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it)

August 10, 2017 — Christopher G. Hill - Construction Law Musings
Virginia mechanic’s liens are a powerful and tricky beast that in most cases require absolute precision in their preparation. However, an interesting opinion recently came out of the Virginia Supreme Court that may provide a bit of a “safe harbor” from the total form over function nature of a mechanic’s lien. In Desai, Executrix v. A.R. Design Group Inc., the Court considered a lien memorandum that had what could be described as technical flaws in the preparation of the mechanic’s lien by A. R. Design Group. The basic facts are that A. R. Design Group used the form of lien found in Va. Code Sec. 43-5 (also found as Form CC-1512 at the Virginia Judiciary website) when it recorded two lien memoranda for two pieces of property owned by a trust. Relating to one of the two properties, the memorandum failed to identify the “Owner” as the trustee of the trust. On the memoranda relating to both properties the affidavit verifying the amounts claimed did not identify the signatory as agent for A. R. Design Group, instead listing the agent as the claimant and further failed to state a date from which interest is claimed or a date on which the debt was due. 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

Understand the Dispute Resolution Provision You Are Agreeing To

September 20, 2021 — David Adelstein - Florida Construction Legal Updates
When negotiating a contract, do not overlook the dispute resolution provision. It is one of the more important provisions in your construction contract. This provision will come into play and have ramifications if there is a dispute, which is certainly not uncommon on a construction project. In dispute resolution provisions in subcontracts on federal projects, it is not unusual for that provision to include language that requires the subcontractor to STAY any dispute that concerns actions or inactions of the owner pending the resolution of any dispute between the owner and prime contractor relating to that action or inaction. A provision to this effect should be included for the benefit of the prime contractor. For instance, the provision may say the subcontractor agrees to stay any such claim against the prime contractor or prime contractor’s surety pending the outcome of any pass-through claim (or otherwise) submitted under the Contract Disputes Act. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Art Dao, Executive Director of the Alameda County Transportation Commission, Speaks at Wendel Rosen’s Infrastructure Forum

April 01, 2015 — Garret Murai – California Construction Law Blog
On March 2, 2015, Art Dao, Executive Director of the Alameda County Transportation Commission, spoke to a packed house at the Wendel Rosen Construction Practice Group’s Infrastructure Forum on the Commission’s plans for nearly $8 billion in transportation improvement funding approved by voters this past year under Measure BB. The Alameda County Transportation Commission The Commission, which was formed in 2010 following the merger of the Alameda County Congestion Management Agency and the Alameda County Transportation Improvement Authority, serves as the congestion management agency for the County of Alameda and is responsible for planning, funding and delivering transportation programs and projects throughout the county. 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

Second Circuit Upholds Constitutionality of NY’s Zero Emissions Credit Program

November 21, 2018 — Anthony B. Cavender - Gravel2Gavel
On September 27, the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s ruling that the “Zero Emissions Credit” (ZEC) program of the New York Public Service Commission is not unconstitutional. The case is Coalition for Competitive Electricity, et al. v. Zibelman, Chair of the New York Public Service Commission, et al. In effect, the ZEC program provides subsidies to qualifying New York nuclear power plants as a way to reduce greenhouse gas emissions. The ZEC program is intended to prevent nuclear plants from being prematurely retired from generating power until suitable replacement facilities are operating. 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

OH Supreme Court Rules Against General Contractor in Construction Defect Coverage Dispute

October 30, 2018 — Theresa A. Guertin - Saxe Doernberger & Vita, P.C.
On October 9, 2018, the Ohio Supreme Court issued a decision in Ohio Northern University v. Charles Construction Services, Inc., Slip Op. 2018-Ohio-4057, finding that a general contractor was not entitled to defense or indemnity from its CGL insurer in a construction defect suit brought by a project owner post-project completion. With this decision, Ohio has solidified its place amongst a diminishing number of states, including Pennsylvania and Kentucky, which hold that there is no coverage for defective construction claims because those losses do not present the level of fortuity required to trigger CGL coverage. This places Ohio amongst the worst in the country on this issue at a time when numerous states have abandoned old precedent and moved towards a policyholder friendly analysis. Ohio Northern University (“ONU”) hired Charles Construction Services, Inc. (“CCS”) to construct the University Inn and Conference Center, a new hotel and conference center on their campus in Ada, Ohio. CCS purchased CGL insurance from Cincinnati Insurance Company (“CIC”) insuring the project. Following completion of the project, ONU sued CCS alleging defects in the construction of the completed project, including allegations that windows improperly installed by one subcontractor led to damage to walls built by another subcontractor. CIC agreed to defend CCS under a reservation of rights but intervened in the action between ONU and CCS to pursue a declaratory judgment that it had no obligation to defend or indemnify its insured for the alleged losses. Read the court decision
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Reprinted courtesy of Theresa A. Guertin, Saxe Doernberger & Vita, P.C.
Ms. Guertin may be contacted at tag@sdvlaw.com

Amazon’s Fatal Warehouse Collapse Is Being Investigated by OSHA

December 13, 2021 — Josh Eidelson & Spencer Soper - Bloomberg
The Occupational Safety and Health Administration has opened an investigation into the collapse of an Amazon.com Inc. warehouse, according to a Labor Department spokesperson. A tornado struck the Amazon delivery station in Edwardsville, Illinois, on Friday, killing six workers and destroying much of the facility at the peak of the holiday shopping season. “OSHA has had compliance officers at the complex since Saturday, Dec. 11, to provide assistance,” the spokesperson said. “OSHA has six months to complete its investigation, issue citations and propose monetary penalties if violations of workplace safety and or health regulations are found.” Reprinted courtesy of Josh Eidelson, Bloomberg and Spencer Soper, Bloomberg Read the court decision
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