FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Ahlers Cressman & Sleight PLLC Recognized Among The Top 50 Construction Law Firms by Construction Executive

June 20, 2022 — Scott R. Sleight - Ahlers Cressman & Sleight PLLC
ACS is proud to announce it has once again been ranked among The Top 50 Construction Law FirmsTM in the Construction Executive 2022 rankings. ACS is the highest ranked law firm in the US practicing out of a single office. ACS specializes in delivering the highest quality construction law services. ACS prides itself on providing excellent services to clients in matters relating to contract documents, construction dispute resolution, and government contracts. If resolution efforts fail, ACS has the experience and ability to represent clients in high-stakes litigation. Since 2018, ACS has obtained three significant jury verdicts in favor of its general contractor clients, including awards of prevailing party attorneys’ fees and costs and expenses. Founded in 2007, ACS’ vast knowledge and industry experience led our lawyers to hold many leadership positions. Three of our lawyers are past chairs of the Washington State Bar Association’s Construction Law Section, five of our lawyers have served as the Chair of the Associated General Contractors of Washington’s Legal Affairs Committee, and many of our lawyers are recognized as Super Lawyers and Rising Stars in Super Lawyers Magazine/Thomson Reuters. We have represented construction firms before the Supreme Court and the Court of Appeals in numerous precedent-setting cases, and have testified before the Legislature. ACS’ commitment to the construction industry shows in our results. Read the court decision
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Reprinted courtesy of Scott R. Sleight, Ahlers Cressman & Sleight PLLC
Mr. Sleight may be contacted at scott.sleight@acslawyers.com

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Construction Litigation Roundup: “I Never Had a Chance”

May 29, 2023 — Daniel Lund III - Lexology
“I never had a chance.” Such was the plea of a general contractor to a Maryland federal court after having been terminated for failure to perform. “The Agreement provides no express right to cure,” found the court, weighing in on the contractor’s wrongful termination claim. Indeed, the contract was also very clear on termination, allowing for termination for cause on numerous bases, including a common catchall: if the contractor “persistently fails to perform the provisions of this Agreement.” In advance of the actual date of termination, the owner wrote to the contractor, in accordance with the contract: “Notice is also given that seven days from the date of this correspondence, [owner] will exercise its [termination] rights under Section 13.2.2.2 of the Contract." The communication from the owner contained no discussion of allowing the contractor an opportunity to cure its alleged default. Read the court decision
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Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

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Just When You Thought General Contractors Were Necessary Parties. . .

December 31, 2014 — Christopher G. Hill – Construction Law Musings
Did you think that a subcontractor had to name a general contractor in a mechanic’s lien suit? I did. Did you think that nothing about this changed in the case where a Virginia mechanic’s lien was “bonded off” pursuant to Va. Code Section 43-71? I did. Well, a recent Virginia Supreme Court case, Synchronized Construction Services Inc. v. Prav Lodging LLC, seems to at least create some doubt as to whether the a general contractor is a “necessary” party to a lawsuit by a subcontractor in the case where a bond is posted for release of a mechanic’s lien. 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

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Colorado Supreme Court Issues Decisions on Statute of Limitations for Statutory Bad Faith Claims and the Implied Waiver of Attorney-Client Privilege

July 11, 2018 — Jennifer Arnett-Roehrich - Gordon & Rees Insurance Coverage Law Blog
The Colorado Supreme Court has been busy the past two weeks, issuing a couple rulings that should be of interest to the insurance industry:

Statute of Limitations for Bad Faith Statute: In Rooftop Restoration, Inc. v. American Family Mutual Insurance Co., 2018 CO 44 (May 29, 2018), the Colorado Supreme Court held that the one-year statute of limitations that applies to penalties, does not apply to claims brought under C.R.S. 10-3-1116, Colorado’s statutory cause of action for unreasonable delay or denial of benefits. Section 10-3-1116 provides that a first-party claimant whose claim for payment of benefits has been unreasonably delayed or denied may seek to recover attorney fees, costs, and two times the covered benefit, in addition to the covered benefit. A separate Colorado statute, CRS 13-80-103(1)(d) provides a one-year statute of limitations for “any penalty or forfeiture of any penal statutes.” To arrive at the conclusion that the double damages available under section 10-3-1116 is not a penalty, the Court looked at yet another statutory provision, governing accrual of causes of action for penalties, which provides that a penalty cause of action accrues when “the determination of overpayment or delinquency . . . is no longer subject to appeal.” The Court stated that because a cause of action under 10-3-1116 “never leads to a determination of overpayment or delinquency . . . the claim would never accrue, and the statute of limitations would be rendered meaningless.” Para. 15. Presumably, the default two-year statute of limitations, provided by CRS 13-80-102(1)(i), will now be found to apply to causes of action seeking damages for undue delay or denial of insurance benefits.

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Reprinted courtesy of Jennifer Arnett-Roehrich, Gordon & Rees Scully Mansukhani
Ms. Arnett-Roehrich may be contacted at jarnett-roehrich@grsm.com

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New Stormwater Climate Change Tool

February 26, 2015 — Beverley BevenFlorez-CDJ STAFF
Builder magazine reported that the Environmental Protection Agency (EPA) has released a Climate Adjustment Tool that “allows engineers and planners to evaluate the performance of water infrastructure while considering future climate change projections, such as more frequent high-intensity storms and changes in evaporation rates of seasonal precipitation, to determine the benefits of resiliency decisions to reduce local economic burden and protect communities.” The tool is part of President Obama’s Climate Action Plan Virtual Climate Resilience Toolkit. “Climate change means increased risks to our health, our economy, and our environment,” says EPA Administrator Gina McCarthy, as quoted by Builder. “But with the president’s Climate Action Plan, the agency is taking action to advance science-based technology, such as the addition of the Climate Adjustment Tool, to help state and local planners combat the impacts of climate change, especially significant economic burden from severe weather, and protect communities through sustainability and resiliency measures.” Read the court decision
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Courthouse Reporter Series: The Travails of Statutory Construction...Defining “Labor” under the Miller Act

August 01, 2023 — Brendan J. Witry - The Dispute Resolver
In a recent case—United States ex rel. Dickson v. Fidelity & Deposit Co. of Maryland (“Dickson”)—the U.S. Court of Appeals for the Fourth Circuit recently re-examined and defined what work qualifies as “labor” under the Miller Act. United States ex rel. Dickson v. Fidelity & Deposit Co. of Maryland, No. 21-160, 67 F.4th 182 (4th Cir. April 26, 2023) (slip op.). Unlike private projects, unpaid subcontractors cannot encumber the federal government’s property with mechanics liens. Instead, the Miller Act provides a remedy for subcontractors in the form of a payment bond on all federal public works contracts exceeding $100,000. 40 U.S.C. § 3131(b). In the Dickson case, Claimant Elliot Dickson served as a subcontractor to Forney Enterprises (“Forney”), with whom the Department of Defense (the “DOD”) contracted to renovate several staircases and the fire suppression systems at the Pentagon. Read the court decision
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Reprinted courtesy of Brendan J. Witry, Conway & Mrowiec Attorneys LLLP
Mr. Witry may be contacted at bjw@cmcontractors.com

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The Heat Is On

June 13, 2022 — Christopher Durso - Construction Executive
Every year, NASA and the National Oceanic and Atmospheric Administration (NOAA) team up to assess global temperatures and climate trends. (Yes, that NASA. A big part of the space agency’s mission is focused on Earth science, with the goal of better understanding the planet’s interconnected systems.) The two groups released their findings for 2021 this past January, with several predictably alarming highlights:

• 2021 was the sixth-warmest year on record, with the average global surface temperature about 1.5°F over the 20th-century baseline periods that the agencies use for comparison and nearly 2°F higher than in the late-19th century.
• The surface temperature in the Northern Hemisphere was also the sixth-highest on record, at nearly 2°F over baseline, with the land temperature exceeding the baseline by 2.8°F.
• Extreme climate events included an above-average Atlantic hurricane season, with 21 storms, and a severe heat wave in the northwestern United States and western Canada in June during which Canada recorded its highest temperature ever, at 121°F.

Reprinted courtesy of Christopher Durso, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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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
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Reprinted courtesy of Priscila Azevedo Rocha, Bloomberg

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