Fairfield Connecticut Building Expert Directory

Court Throws Wet Blanket On Prime Contractor's Attorneys' Fees Request In Prompt Payment Case

September 03, 2015 — Steven M. Cvitanovic & Abigail E. Lighthart – Haight Brown & Bonesteel LLP
Prompt payment penalty cases do not come around very often, but when they do, there is bound to be fireworks. In James L. Harris Painting & Decorating, Inc. v. West Bay Builders, Inc., et al. (No. C072169, filed 8/27/15), the California Court of Appeal for the Third Appellate District upheld the trial court's discretion to not award prevailing party attorneys' fees to the party who won a prompt payment dispute. California Business and Professions Code §7108.5 and Public Contract Code §§7107 and 10262 are the mechanisms for obtaining prompt payment relief in California. As shown by the outcome, it is possible to win and lose at the same time. West Bay Builders, Inc. (“West Bay”) was the prime contractor on a school construction project for Stockton Unified School District. West Bay entered into a subcontract agreement with James L. Harris Painting & Decorating, Inc. (“Harris”) on the project. During construction there were disagreements between West Bay and Harris regarding the contractual scope of work, and Harris performed work it believed was outside the contract, believing it would be paid for the additional work. After West Bay refused to pay for the additional work, Harris left the project, and West Bay hired another subcontractor to complete the work. Reprinted courtesy of Steven M. Cvitanovic, Haight Brown & Bonesteel LLP and Abigail E. Lighthart, Haight Brown & Bonesteel LLP Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com Ms. Lighthart may be contacted at alighthart@hbblaw.com Read the court decision
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Red Tape Is Holding Up a Greener Future

March 13, 2023 — The Editors - Bloomberg
Seven months on, Democrats are still celebrating the Inflation Reduction Act, even though a crucial determinant of its success — permitting reform for energy projects — remains undone. Recent data shows just how imperative it is for them to stop dragging their feet. What’s now called the IRA had little to do with inflation. It was a climate bill, and a big one: It provided $370 billion to improve energy efficiency, reduce emissions and smooth the path to a clean-power economy. It came on top of a 70% surge in private investment since 2017. But the biggest impediment to the US energy transition isn’t financing: It’s building. A decade ago, between 25% and 30% of proposed wind and solar projects moved from the drawing boards to completion. But as new projects and new funding have soared, utilities have been unable to keep up, leading to an immense backlog. A recent report by BloombergNEF found that over just six years, global clean-energy investment has gone from half the level of fossil-fuel investment to near parity, an extraordinary leap that reflects the market’s appetite for clean power. Yet America’s dysfunctional regulation is preventing many needed projects from even breaking ground. Read the court decision
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Reprinted courtesy of The Editors, Bloomberg

California Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium Unit

May 22, 2023 — Garrett A. Smee & Lawrence S. Zucker II - Haight Brown & Bonesteel LLP
On May 5, 2023, the California First District Court of Appeal, Division One, issued an opinion in Moses v. Roger-McKeever (A164405), holding that a condominium tenant owes no duty to a social guest using a walkway that leads to the unit. Eleanor Moses fell on a walkway outside a condo rented by Pascale Roger-McKeever. Moses would not have used the walkway but for Roger-McKeever’s invite to a small gathering for members of a political activist group. Upon entering the condo for the event that night, Moses brought to Roger-McKeever’s attention the poor lighting in the entryway. Roger-McKeever apologized, and stated that her landlord had delayed repairing the porch light. The accident supposedly happened on a short walkway that had three steps leading away from a street sidewalk. Supposedly, Moses tripped on the second step while leaving the social gathering because of the poor lighting. Reprinted courtesy of Garrett A. Smee, Haight Brown & Bonesteel and Lawrence S. Zucker II, Haight Brown & Bonesteel Mr. Smee may be contacted at gsmee@hbblaw.com Mr. Zucker may be contacted at lzucker@hbblaw.com Read the court decision
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Sometimes You Just Need to Call it a Day: Court Finds That Contractor Not Entitled to Recover Costs After Public Works Contract is Invalidated

June 29, 2020 — Garret Murai - California Construction Law Blog
January was a tough month in the courts for Hensel Phelps Construction Company. Hot off the heels of Hensel Phelps Construction Co. v. Superior Court, a case concerning the 10-year statute of limitations under Civil Code section 941, comes Hensel Phelps Construction Co. v. California Department of Corrections and Rehabilitation, Case No. B293427 (January 28, 2020), a bid dispute case . . . The Tale of a Bid, a Bid Protest, and Two Cases A. The Bid and Bid Protest On March 15, 2015, the California Department of Corrections and Rehabilitation (CDCR) issues an Invitation for Bid for the HVAC project at the Ironwood State Prison. The deadline to submit bids was April 30, 2015. Hensel Phelps Construction Co. submitted a timely bid and was determined to be the “apparent low bidder” with a bid of $88,160,000. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

KB to Spend $43.2 Million on Florida Construction Defects

August 27, 2013 — CDJ STAFF
In their second quarter filing with the SEC, KB Homes estimates that repairing damage caused by defects in framing, stucco, roofs, and sealant will cost it $43.2 million. That estimate includes homes that are yet to be identified. KB had estimated lower costs earlier, but subsequently determined it was necessary to increase the funds by $15.9. As a result, the firm showed a loss in the second quarter. The company hopes to recover some funds in insurance settlements. Read the court decision
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The Court of Appeals Holds That Indifference to Safety Satisfies the Standard for a Willful Violation Under WISHA

May 16, 2022 — Cameron Sheldon - Ahlers Cressman & Sleight PLLC
In March 2022, the Washington State Court of Appeals, Division One, issued Marpac Constr., LLC v. Dep’t of Lab. & Indus., No. 82200-4-I, 2022 WL 896850, at *1 (Wash. Ct. App. Mar. 28, 2022) holding Marpac Construction, LLC (“Marpac”) liable for three willful Washington Industrial Safety and Health Act of 1973 (WISHA) violations pertaining to safe crane operation near energized power lines. Marpac was the general contractor on an apartment complex construction project in West Seattle. The worksite had high voltage power lines running throughout the site. Seattle City Light had flagged some with a 10-foot offset, but none of the other power lines were flagged. Marpac’s superintendent assumed that the lines were between 26 kilovolts (kV) and 50 kV based on their connection to the lines flagged by Seattle City Light. The superintendent never called Seattle City Light to check the voltage of the lines and the lines remained above ground. In September 2016, a subcontractor began work on the project’s structural foundation. The subcontractor expressed concerns about working around the power lines, but Marpac promised it was working on mitigation of the power line hazard and directed the subcontractor continue working. At one point, the subcontractor’s employees had to move the crane and concrete forms away from the power lines to allow a cement truck to park in its place. The crane’s line contacted the power lines, causing serious injuries to two of the subcontractor’s employees. Read the court decision
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Reprinted courtesy of Cameron Sheldon, Ahlers Cressman & Sleight PLLC
Ms. Sheldon may be contacted at cameron.sheldon@acslawyers.com

New York's New Gateway: The Overhaul of John F. Kennedy International Airport

September 09, 2024 — Aileen Cho - Engineering News-Record
On the cusp of the 70th anniversary of the originally named New York Airport’s opening in Queens, N.Y., a blue-ribbon panel in 2017 released a report to the governor of New York: The facility, once popularly known as Idlewild Airport, needed a comprehensive master plan and a total transformation. In the seven years since, builders at John F. Kennedy International Airport have been anything but idle, and the speed at which that $19-billion transformation of the roads and terminals is occurring could be called wild. 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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Construction Delays: Which Method Should Be Used to Calculate Delay?

July 25, 2021 — David Adelstein - Florida Construction Legal Updates
If you need to prove and allocate construction project delays, you should engage a scheduling consultant qualified with CPM (critical path method) analysis. You should also engage counsel to assist in preserving your rights, as well as presenting and maximing your arguments for delay. There are numerous methodologies used to quantify and allocate delay. You want to discuss the most effective analysis for your case and facts including whether you want/should use a forward-looking prospective analysis or a backward-looking retrospective analysis that factors in as-built data. In doing so, you want to make sure you understand the pros and cons of each methodology including the bases to attack the methodology that will be subject to cross-examination. The five primary CPM methodologies are as follows:

As-Planned Versus As-Built. This methodology compares the as-planned baseline schedule to an as-built schedule reflecting progress to assign delay. An as-built schedule that reflects progress includes actual start dates, finish dates, and durations. The actual dates and durations are compared with the as-planned dates and durations on the baseline schedule to determine delay. Under this methodology, the delay impact is determined retrospectively.

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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES