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    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Building Expert News and Information
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    Colorado Adopts Twombly-Iqbal “Plausibility” Standard

    It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit

    Construction Firm Settles Suit Over 2012 Calif. Wildfire

    Municipal Ordinances Create Additional Opportunities for the Defense of Construction Defect Claims in Colorado

    U.S. Army Corps Announces Regulatory Program “Modernization” Plan

    United States Supreme Court Backtracks on Recent Trajectory Away from Assertions of General Jurisdiction in Mallory v. Norfolk Southern

    Coverage Found For Cleanup of Superfund Site Despite Pollution Exclusion

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    New York: The "Loss Transfer" Opportunity to Recover Otherwise Non-Recoverable First-Party Benefits

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    Get to Know BJ Siegel: Former Apple Executive and Co-Founder of Juno

    Buyers Are Flocking to NYC’s Suburbs. Too Bad There Aren’t Many Homes to Sell.

    Balancing Cybersecurity Threats in Smart Cities: Is the Potential Convenience of “Smart” Intersections Worth the Risk?

    Be Wary of Construction Defects when Joining a Community Association

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    FAIRFIELD CONNECTICUT BUILDING EXPERT
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    EPA Looks to Reduce Embodied Carbon in Materials With $160M in Grants

    August 19, 2024 —
    The U.S. Environmental Protection Agency estimates that construction materials used for buildings and built infrastructure account for more than 15% of global greenhouse gas emissions. The agency now hopes to boost adoption of materials with lower embodied emissions by offering $160 million in grants to better track and ultimately reduce climate pollution associated with those materials. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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    Canada Cooler Housing Market Boosts Poloz’s Soft Landing

    April 15, 2014 —
    Declines in housing starts and building permits data suggest Canada is headed for the soft landing in real estate that policy makers have forecast, damping concern that a rapid fall in home prices could hobble the world’s 11th-largest economy. Home construction dropped 18 percent in March to the lowest annual pace since the 2009 recession, Canada Mortgage & Housing Corp. said from Ottawa today. Residential building permits also dropped 21 percent in February from January’s record high, Statistics Canada said in a separate report. Bank of Canada Governor Stephen Poloz has said the housing market is heading for a “soft landing” with consumer debts as a share of income stabilizing around record highs. The International Monetary Fund said today that house prices and household finances remain a “key vulnerability” for Canada. Read the court decision
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    Reprinted courtesy of Greg Quinn, Bloomberg
    Mr. Quinn may be contacted at gquinn1@bloomberg.net

    No Coverage for Contractor's Faulty Workmanship

    July 10, 2018 —
    The Kentucky Supreme Court determined there was no coverage for the contractor's faulty workmanship in digging the existing basement of a building to make it deeper. Martin v. Acuity, 2018 Ky. LEXIS 188 (Ky. April 26, 2018). Martin Elias/Properties, LLC (MEP) purchased an older home to renovate and resell for profit. MEP hired Tony Gosney to renovate and expand the basement. Gosney agreed to dig the existing basement deeper, pour new footers and pour a new concrete floor. While performing his work, Gosney failed to support the existing foundation adequately before digging around it. Within days, the old foundation began to crack and eventually the entire structure began to sag. Gosney stopped work and notified his insurer, Acuity. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Pay-if-Paid Clauses, Nasty, but Enforceable

    March 12, 2015 —
    I am preparing for a presentation this week on Troublesome Contract Clauses to the Construction Specifications Institute (“CSI”), Nebraska Chapter. One of the clauses we will be discussing is the dreaded Pay-if-Paid clause, a particularly nasty provision that places the risk of owner’s solvency squarely on the subcontractor’s shoulders. While pay-if-paid clauses can create tremendous problems for subcontractors, they are enforceable. Pay-if-Paid clauses eliminate the obligation to pay the subcontractor until the general contractor is paid by the owner. Pay-if-paid clauses usually contain something akin to the following phrases:
    • payment to subcontractors are “expressly and unequivocally contingent upon receipt of payment from the Owner for the Subcontract Work.”
    • the subcontractor “expressly acknowledges that it relies on payment under the Subcontract on the creditworthiness of Owner, not that of the General Contractor.”
    • the owner’s acceptance of the work and payment to the General Contractor are “conditions precedent to any obligation of the General Contractor to pay the subcontractor.”
    Read the court decision
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    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at cmartin@ldmlaw.com

    Court Voids Settlement Agreement in Construction Defect Case

    September 01, 2011 —

    A U.S. District Court Judge in Florida has ruled in favor of a company that sought to void a settlement agreement. The case, Water v. HDR Engineering, involved claims of construction defects at Florida’s C.W. Bill Young Regional Reservoir. The Tampa Bay Water Authority attributed these to both HDR Engineering’s design and Bernard Construction Company which had built the embankment. Bernard Construction filed a complaint against their subcontractor, McDonald.

    Tampa Bay Water settled with Bernard Construction and McDonald, in an agreement that set a minimum and maximum settlement, but also would “prohibit Barnard and McDonald from presenting any evidence on several claims and positions of TBW, to require Barnard to call certain witnesses at trial, to preclude Barnard and McDonald from calling other witnesses, and to restrict the filing of trial and post-trial motions.” HDR Engineering moved to void the agreement as collusive.

    The judge that the agreement¬? contained “133 paragraphs of ‘Agreed Facts’ that the parties stipulated would survive any order declaring the Settlement Agreement void or unenforceable.” He characterized these as stipulating “that Barnard neither caused nor contributed to TBW’s damages.” HDR motioned that a summary judgment be given to Barnard Engineering.

    The court found that “the evidence identified by TBW is patently insufficient to survive summary judgment.” Further, TBW’s expert initially held Barnard responsible for “lenses, pockets, streaks and layers within the embankment,” but then later withdrew this assigning the responsibility to HDR. Further, the court notes that, “TBW’s arguments that lenses, pockets, streaks, and layers in the soil wedge caused or contributed to its damages and that Barnard is liable for those damages have been foreclosed by the Agreed Facts.”

    As TBW failed to provide sufficient evidence to withstand summary judgment, the court granted summary judgment, mooted the claim against McDonald, and terminated the agreement between TBW and the other parties.

    Read the court’s decision…

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    Reprinted courtesy of

    Nevada OSHA Provides Additional Requirements for Construction Employers to Address Feasibility of Social Distancing at Construction Sites

    May 04, 2020 —
    When Nevada’s Governor identified construction as an essential business amid the initial directives of the COVID-19 state of emergency, the executive order required construction employers to “maintain strict social distancing practices to facilitate a minimum of six feet of separation between workers.” Now, nearly a month later, Nevada’s Occupational Safety and Health Administration has recognized that strict social distancing measures are not always practical or feasible among workers on an active construction site. On April 20, 2020, Nevada OSHA issued revised guidelines addressing ongoing construction activity when social distancing cannot practically be maintained. The guidelines continue to emphasize that safety and training meetings, tailgate talks, and similar gatherings must be restricted to 10 people or less. Additionally, the employer remains responsible for monitoring employees on lunch breaks, slack periods and in employee parking areas to ensure compliance with social distancing protocols. Read the court decision
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    Reprinted courtesy of Aaron Lovaas, Newmeyer Dillion
    Mr. Lovaas may be contacted at aaron.lovaas@ndlf.com

    Resolving Condominium Construction Defect Warranty Claims in Maryland

    September 04, 2018 —
    A Guide for Maryland Condominium Associations Newly constructed and newly converted condominiums in Maryland often contain concealed or “latent” construction defects. Left undetected and unrepaired, latent defects stemming from the original construction of a condominium can cause extensive damage over time, requiring associations to assess their members for unanticipated repair costs that could have been avoided by making timely developer warranty claims. This article provides a general overview of how Maryland condominium associations transitioning from developer control can proactively identify and resolve construction defect claims with condominium developers and builders before warranty and other legal rights expire. This proactive approach typically results in an amicable resolution without the need for litigation. Read the court decision
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    Reprinted courtesy of Nicholas D. Cowie, Cowie & Mott
    Mr. Cowie may be contacted at ndc@cowiemott.com

    Palm Beach Billionaires’ Fix for Sinking Megamansions: Build Bigger

    June 14, 2021 —
    Thomas Peterffy became one of the world’s richest people by mastering risk on Wall Street. Building his Mediterranean-style mansion seven years ago on a vulnerable stretch of Florida’s Palm Beach Island was a matter of seeing the odds clearly once again. The consequences of climate change will play out over decades, and Peterffy is 76 years old. “I don’t have a care about it at all,” he said over lunch at Mar-a-Lago earlier this year, just down the street from his home. The founder of Interactive Brokers Group has a fortune of more than $21 billion, according to the Bloomberg Billionaires Index. “If something needs to be done to save it,” he added, “it’s not going to be my problem.” The town of Palm Beach is busy adapting to the risks of a warming planet, even if there appear to be fewer worriers among the buyers and speculative builders on the island. Some of the lowest-lying properties in the U.S. are seeing the highest-flying prices. The real estate website Zillow estimates the value of Peterffy’s home at $52 million. This year a new nine-bedroom mansion with toes-in-the-sand views sold to financier Scott Shleifer for a record-breaking price in excess of $122 million. Read the court decision
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    Reprinted courtesy of Prashant Gopal & Amanda L. Gordon, Bloomberg