Fairfield Connecticut Building Expert Directory

Thank You!

February 28, 2022 — Garret Murai - California Construction Law Blog
I would like to thank the Construction Law Subsection of the Los Angeles County Bar Association for awarding me today (on 2/22/22 nonetheless) the 2022 James Acret Award for Outstanding Achievement in Construction Law Legal Writing. The nominating committee of the subsection includes a veritable Who’s Who of construction law attorneys including Donna Kirkner (Chair), Michael J. Bayard, Theresa C. Tate, Aaron J. Flores, Marilyn Klinger, Marion Hack, John D. Hanover, James C. Earle, L. Adam Winegard, Bernard S. Kamine and Ashley B. Jordan. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

San Francisco Half-Built Apartment Complex Destroyed by Fire

March 12, 2014 — Beverley BevenFlorez-CDJ STAFF
According to San Jose Mercury News, a 250 million dollar apartment complex being built in San Francisco, California received “catastrophic damage” from a fire on March 11th. The complex was being developed by BRE Properties, Inc., and “was slated to open sometime later this year.” Initial reports blamed high winds for the start of the blaze, however, San Jose Mercury news reported that “downtown San Francisco experienced wind speeds of no more than 10 mph Tuesday, and that heavy winds were not expected Tuesday night” according to the National Weather Service. “Representatives for [BRE Properties, Inc.] were not available for comment,” as reported by San Jose Mercury News. Read the court decision
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BWB&O Partner Tyler Offenhauser and Associate Lizbeth Lopez Won Their Motion for Summary Judgment Based on the Privette Doctrine

October 17, 2023 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is excited to share that Newport Beach Partner Tyler D. Offenhauser and Associate Lizbeth E. Lopez recently won their Motion for Summary Judgment based on the Privette Doctrine! BWB&O’s Client is a local provider of fire safety services and equipment offering nationwide services. The Client was sued in an action pertaining to a claimed dangerous condition of its electrical panel resulting in an arc flash explosion on the Client’s leased property. The Plaintiff asserted that BWB&O’s Client allowed the existence of a defective, outdated, and dangerous electrical panel to exist when Plaintiff performed professional electrical services on BWB&O’s Client’s property as an independent contractor electrician. Read the court decision
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Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

Subcontract Requiring Arbitration Outside of Florida

August 07, 2018 — David Adelstein - Florida Construction Legal Updates
Have you entered into a subcontract that requires you to arbitrate disputes? If so, does the arbitration provision require you to arbitrate your dispute outside of Florida? If so, the case of Sachse Construction and Development Corp. v. Affirmed Drywall, Corp., 43 Fla. L. Weekly D1622e (Fla. 2d DCA 2018) applies and reinforces the notion: Read and consider what you sign! In Sachse Construction, a drywall subcontractor entered into a subcontract for a construction project in Miami with an arbitration provision. The subcontract provided that it shall be construed in accordance with Michigan law and required that arbitration shall take pace in Michigan per the Construction Industry Rules of the American Arbitration Association. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

It Ain’t Over Till it’s Over. Why Project Completion in California Isn’t as Straightforward as You Think

May 07, 2015 — Garret Murai – California Construction Law Blog
Baseball legend Yogi Berra was famous for his pithy quotes such as “the future ain’t what it used to be,” “half the lies they tell about me aren’t true,” and what is probably his most famous, “it ain’t over till it’s over.” The last, of course, begs the question of when over is over? And, on California construction projects when over is over, or more accurately, when a project is complete, can be as paradoxical as a “yogiism.” Why “Completion” is Important in California In California, project “completion,” is important not only for getting paid, but for knowing the deadlines associated with California’s statutory construction payment remedies. 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

West Virginia Wild: Crews Carve Out Corridor H Through the Appalachian Mountains

May 08, 2023 — Aileen Cho - Engineering News-Record
When crews with Kokosing Construction Co. began a $209-million design-build contract—the largest of its kind in West Virginia—in 2015, they first had to build roads in order to build the actual road called Corridor H. Reprinted courtesy of Aileen Cho, Engineering News-Record Ms. Cho may be contacted at choa@enr.com Read the full story... Read the court decision
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The Fair Share Act Impacts the Strategic Planning of a Jury Trial

May 10, 2017 — Andrew Ralston, Jr. - White and Williams LLP
Complex questions surrounding the application of the Fair Share Act, which modified Pennsylvania’s common law “joint and several” liability law, are being taken up by courts in the Commonwealth with increasing frequency. Given the practical consequences of the differences in application between the Act and “joint and several” liability, additional litigation over the application of the Fair Share Act to real world factual situations will undoubtedly arise. Recent Caselaw Currently, in Roverano v. PECO Energy, the Superior Court of Pennsylvania is considering the question of whether, under the Fair Share Act, the jury, or else the trial judge, is responsible for the task of apportioning liability to multiple defendants in a strict liability case. In Roverano – an asbestos case -- a jury awarded the plaintiff $6.3 million. On the verdict sheet were eight joint tortfeasor co-defendants. The judge did not allow the jury to apportion liability to each defendant and, as a result, no guidance was provided by the jury about how much each defendant was to contribute to the award. Instead, the judge merely divided the jury’s award by eight (the number of defendants in the case) and apportioned to each defendant one-eighth of the verdict amount. Read the court decision
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Reprinted courtesy of Andrew Ralston, Jr., White and Williams LLP
Mr. Ralston may be contacted at ralstona@whiteandwilliams.com

San Francisco Sues Over Sinking Millennium Tower

November 17, 2016 — Beverley BevenFlorez-CDJ STAFF
Dennis Herrera, San Francisco’s city attorney, filed a lawsuit against the developer of the Millennium Tower, “for failing to inform buyers that it was sinking ‘much faster than expected,’” reported the New York Times. Mission Street Development sold more than 400 units in the skyscraper. “They went ahead and sold condominiums for a handsome profit without telling the buyers about the situation,” Mr. Herrera told the New York Times. “This is every homeowner’s worst nightmare.” The spokesman for the development, P.J. Johnson, stated that “the allegations by the city attorney had ‘no merit,’ and that the “building had sunk within ‘predicted, safe ranges’ during the entire sales process,” according to the New York Times. Furthermore, Johnson asserted that the problem derived from the nearby railroad station removing water from the ground, which “had caused the building to ‘settle beyond the 12 inches it was predicted to settle.’” Read the court decision
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