Fairfield Connecticut Building Expert Directory

Sacramento Army Corps District Projects Get $2.1 Billion in Supplemental Appropriation

September 04, 2018 — Greg Aragon - Engineering News-Record
The U.S. Army Corps of Engineers Sacramento District has received supplemental funding for five District projects, totaling an investment of more than $2.1 billion in flood risk management efforts. Read the court decision
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Reprinted courtesy of Greg Aragon, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Fed. Judge Blocks Release of Records on FIU Bridge Collapse, Citing NTSB Investigation

October 23, 2018 — Miami Herald - Engineering News-Record
Oct. 05 --A federal judge Friday blocked the release of documents that could shed light on why a busy road outside Miami was not shut down before a brand-new bridge developing severe cracks collapsed and killed six people. Judge William Stafford said the National Transportation Safety Board , the federal agency investigating the Florida International University bridge disaster, "was exercising its valid federal regulatory authority" in keeping the documents confidential from the media. Read the court decision
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Reprinted courtesy of Engineering News-Record
ENR may be contacted at ENR.com@bnpmedia.com

Ninth Circuit Affirms Dismissal Secured by Lewis Brisbois in Coverage Dispute Involving San Francisco 49ers’ Levi Stadium

May 31, 2021 — Kristen Perkins & Jordon Harriman - Lewis Brisbois Newsroom
Fort Lauderdale Partner and Vice Chair of Lewis Brisbois’ Insurance Coverage & Bad Faith Litigation Practices Kristen D. Perkins and Los Angeles Partner Jordon E. Harriman had their district court victory confirmed by the U.S. Court of Appeals for the Ninth Circuit when it affirmed the lower court’s ruling that Lewis Brisbois’ client, an excess insurer, had no duty to defend or indemnify a construction joint venture in a lawsuit filed by San Francisco 49ers fans. Underlying Case and Lewis Brisbois’ Successful Motion to Dismiss In the underlying matter, 49ers fans filed a proposed class action against the team, alleging that the team’s home venue, Levi Stadium, violated the Americans with Disabilities Act and the state's Unruh Civil Rights Act because it contained physical barriers that hindered access for disabled people. The 49ers subsequently filed a third-party complaint against the construction joint venture that built the stadium, contending that the joint venture’s negligence caused the inaccessibility, and that if the team was held liable for the fans' claims, the joint venture should be obligated to indemnify the team under the terms of the stadium contract. Reprinted courtesy of Kristen Perkins, Lewis Brisbois and Jordon Harriman, Lewis Brisbois Ms. Perkins may be contacted at Kristen.Perkins@lewisbrisbois.com Mr. Harriman may be contacted at Jordon.Harriman@lewisbrisbois.com Read the court decision
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Exculpatory Provisions in Business Contracts

May 30, 2018 — David Adelstein - Florida Construction Legal Updates
An exculpatory provision in a contract is a provision that relieves one party from liability for damages. It shifts the risk of an issue entirely to the other party. Such a provision is generally drafted by the party preparing the contract that is looking to eliminate or disclaim liability associated with a particular risk, oftentimes a risk within their control. These provisions are also known as limitation of liability provisions because they do exactly that — limit liability as to a risk. For this reason, they can be useful provisions based on the context of certain risks, and are provisions that are included in business contracts (such as construction contracts). While such clauses are disfavored, they are enforceable if they are drafted clearly, unambiguously, and unequivocally. If they are unclear, ambiguous, or equivocal, they will construed against enforcement. See Obsessions In Time, Inc. v. Jewelry Exchange Venture, LLP, 43 Fla.L.Weekly D1033a (Fla. 3d DCA 2018) (finding exculpatory clause in lease ambiguous and, therefore, unenforceable as to lessor looking to benefit from the exculpatory clause). Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

Lessee Deemed Statutory Employer, Immune from Tort Liability by Pennsylvania Court

November 03, 2016 — Jerry Anders & Alison Russell – White and Williams LLP
The Superior Court of Pennsylvania addressed whether a lessee can be shielded from tort liability as a statutory employer and thus, immune from civil liability under the Workers’ Compensation Act. The court in Doman v. Atlas America, Inc. held that a primary contractor who leased property for the purposes of removing and drilling natural gas is a statutory employer under Section 302(a) of the Act and thus, entitled to tort immunity under Section 203 of the Act. Reprinted courtesy of Jerrold Anders, White and Williams LLP and Alison Russell, White and Williams LLP Mr. Anders may be contacted at andersj@whiteandwilliams.com Ms. Russell may be contacted at russella@whiteandwilliams.com Read the court decision
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Indemnification Against Release/“Disposal” of Hazardous Materials

May 18, 2020 — Brian S. Wood & Miranda R. Millerick - ConsensusDocs
It is very common, if not nearly an industry standard, for construction contracts and subcontracts to contain provisions addressing the discovery of unanticipated hazardous materials. Many of these provisions require a contractor or subcontractor to discontinue work where hazardous materials are discovered. An example of such a clause can be found in the American Institute of Architects (AIA) Document A201 (2017), Section 10.3.1, which states in part:

If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition.

A similar clause in ConsensusDocs does not require the contractor to stop work, but provides that the “Contractor shall not be obligated to commence or continue work until any Hazardous Material discovered at the Work site has been removed, rendered or determined to be harmless by the Owner as certified by an independent testing laboratory and approved by the appropriate government agency.” Reprinted courtesy of Brian S. Wood, Smith, Currie & Hancock LLP and Miranda R. Millerick, Smith, Currie & Hancock LLP Mr. Wood may be contacted at bswood@smithcurrie.com Ms. Millerick may be contacted at mrmillerick@smithcurrie.com Read the court decision
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Navigating the Construction Burrito: OCIP Policies in California’s Construction Defect Cases

November 16, 2023 — Alexa Stephenson & Ivette Kincaid - Kahana Feld
In the early 2000’s, Owner-Controlled Insurance Programs (OCIP) or WRAPS, were traditionally used in large commercial projects of over $50 million in construction costs. As construction defect lawsuits became more prevalent, subcontractors found themselves unable to meet the insurance requirements of their contracts with developers and general contractors because they could not find insurance companies that were willing to insure the risk. This presented a problem for developers and general contractors and left them with no option but to look into new insurance products that would insure them and all subcontractors who worked on the project. OCIPs became in some instances the only insurance option for developers, general contractors, and subcontractors to build single-family or multi-family projects in California and other western states. OCIPS or WRAPS, often likened to the layers of a savory burrito, offer both enticing benefits and potential pitfalls. Just as a burrito’s ingredients can harmonize or clash, OCIP policies can shape the outcome of legal battles, impacting contractors, developers, and insurers alike. Pros – Savoring the OCIP Burrito: 1. Wrapped Protection: Much like a well-folded burrito envelops its contents, OCIP policies offer comprehensive coverage for construction projects. Developers, general contractors, and subcontractors find comfort in knowing that their liability risks are bundled into a single policy, ensuring all enrolled parties have coverage in the event of a claim. Reprinted courtesy of Alexa Stephenson, Kahana Feld and Ivette Kincaid, Kahana Feld Ms. Stephenson may be contacted at astephenson@kahanafeld.com Ms. Kincaid may be contacted at ikincaid@kahanafeld.com Read the court decision
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How Many New Home Starts are from Teardowns?

April 15, 2015 — Beverley BevenFlorez-CDJ STAFF
In a NAHB/Wells Fargo Housing Market Index survey, builders were asked “Of the homes you started in 2014, approximately what share were on a site where a previous structure, or evidence of a previous structure, was present before you started?” According to the NAHB, the surveyors reported that “[o]n average, weighted by starts, […] just under five percent of their starts were teardowns according to the survey’s criterion.” When compared to census data, it equates to 31,800 single-family teardown starts in 2014. Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES