Fairfield Connecticut Building Expert Directory

Notice and Claims Provisions In Contracts Matter…A Lot

February 27, 2023 — David Adelstein - Florida Construction Legal Updates
Technical contractual provisions in contracts can carry the day. Whether you like it or not, and whether you appreciate the significance of the provisions, they matter. Notice provisions in a contract mean something. Following the claims procedure in a contract means something. The moment you think they don’t mean anything is the moment they will be thrown in your face and used as a basis to deny your position for additional money or time. You may think these provisions are being used as a “gotcha” tactic. They very well might be. But these are provisions included in the contract you agreed to so you know this risk before any basis for additional money or time even arises. The recent bench trial opinion in Metalizing Technical Services, LLC v. Berkshire Hathaway Specialty Ins. Co., 2023 WL 385413 (S.D.Fla. 2023) illustrates the reality of not properly complying with such provisions. The keys when dealing with any notice or claims provision, or really any technical provision in your contract, is to (a) negotiate the risk before you sign the contract, (b) chart the provisions so your team know how to ensure compliance, and (c) make sure you comply with them. Period! Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Beware of Statutory Limits on Change Orders

February 18, 2015 — Craig Martin – Construction Contractor Advisor
While change orders are always part of construction projects, it’s important to know whether a public agency is limited on how much it can increase the scope of the work through change orders. A contractor in Virginia found out the hard way that the state agency did not have the authority to increase the scope of the project and thus the contractor could not collect for the extra work. In Carnell Construction Corp. v. Danville Redevelopment & Housing Authority, the contractor was hired by the housing authority to prepare a site for construction. The project did not go well and both sides blamed the other for delays and increased costs. After being removed from the project, the contractor sued the housing authority for, among other things, breach of contract. The jury awarded the contractor a total of $915,000 for the housing authority’s failure to pay for extra work and improper removal. 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

Texas Court Requires Insurer to Defend GC Despite Breach of Contract Exclusion

December 19, 2018 — Ashley L. Cooper - Saxe Doernberger & Vita, P.C.
In Mt. Hawley Insurance Co. v. Slay Engineering, et al.,1 a Texas federal court ruled in favor of a general contractor, finding that its insurer had a duty to defend it in a construction defect case filed by the owner. The decision adds more clarity to the interpretation of the subcontractor exception to the “Damage to Your Work” exclusion as well as the Breach of Contract exclusion, which has been the subject of several cases coming out of Texas over the past decade. Read the court decision
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Reprinted courtesy of Ashley L. Cooper, Saxe Doernberger & Vita, P.C.
Ms. Cooper may be contacted at alc@sdvlaw.com

“But I didn’t know what I was signing….”

May 30, 2018 — Bobby Kethcart - Snell & Wilmer Real Estate Litigation Blog
In real estate cases—which frequently involve long purchase agreements, loan documents, personal guarantees, deeds of trust, etc.—we’ve likely all had a client or opposing party who trots out the line that they didn’t know what they were signing, or they didn’t read or understand what they were signing, so the document shouldn’t be enforced according to its terms. Most of us instinctively believe the claim is a loser: You signed the document, you’re bound by it. But is this actually right? Well, we did some digging. Here is the Arizona law on the subject: Nationwide Resources Corp. v. Massabni, 134 Ariz. 557, 658 P.2d 210 (App. 1982):

“A mistake of only one of the parties to a contract in the expression of his agreement or as to the subject matter does not affect its binding force and ordinarily affords no ground for its avoidance, or for relief, even in equity.” “A manifestation of acceptance to the offeror or his agent forms a contract regardless of the intent of the acceptor.”

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Reprinted courtesy of Bobby Kethcart, Snell & Wilmer
Mr. Kethcart may be contacted at rkethcart@swlaw.com

New Index Tracking Mortgages for New Homes

June 18, 2014 — Beverley BevenFlorez-CDJ STAFF
The National Association of Home Builders’ Eye on Housing reported that the Mortage Bankers Association (MBA) completed their Builder Application Survey (BAS), which demonstrated that “mortgage applications for new home purchases decreased by a not seasonally adjusted monthly rate of 8.4% in May 2014. However, on a 12-month basis, mortgage applications for new home purchases in May 2014 were 4.9% higher than their level in May 2013.” According to Eye on Housing, “This is the fifth consecutive month of year-over-year increases in mortgage applications for new home purchases.” Read the court decision
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New York Court of Appeals Takes Narrow View of Labor Law Provisions in Recent Cases

July 03, 2022 — Lisa M. Rolle & Matthew Feinberg - Traub Lieberman
Since the end of March, the New York State Court of Appeals has issued decisions in favor of the defense concerning New York Labor Law §240 and §241. These pro-defendant decisions take a narrow view of the scope of the Labor Law provisions. However, while it remains to be seen how the Court’s below will apply the Court of Appeal’s reasoning, these recent decisions are beneficial for the defense bar going forward. In Toussaint v Port Auth. of N.Y. & N.J March 22, 2022 N.Y. LEXIS 391 | 2022 NY Slip Op 01955 | 2022 WL 837579, the Court held that 12 NYCRR 23-9.9 (a), does not set forth a concrete specification sufficient to give rise to a non-delegable duty under Labor Law § 241 (6). In Toussaint Plaintiff, who was an employee of Skanska USA Civil Northeast, Inc., brought the lawsuit against the Port Authority asserting claims under Labor Law § 200 (1) and Labor Law § 241 (6) after he was struck by a power buggy while operating a rebar-bending machine at the World Trade Center Transportation Hub construction site owned by the Port Authority of New York and New Jersey. Power buggies are small, self-operated vehicles used to move materials on construction sites. On the day of the accident, a trained and properly designated operator drove the buggy into the area near the plaintiff's workstation. That vehicle operator got off the vehicle, but short time thereafter, another worker—who was not designated or trained to do so—drove the buggy a short while prior to losing control and striking plaintiff. Plaintiff relied upon 12 NYCRR 23-9.9(a) which states that “[no person other than a trained and competent operator designated by the employer shall operate a power buggy.” In rejecting plaintiff’s argument the Court held that the "trained and competent operator" requirement is general, as it lacks a specific requirement or standard of conduct. Reprinted courtesy of Lisa M. Rolle, Traub Lieberman and Matthew Feinberg, Traub Lieberman Ms. Rolle may be contacted at lrolle@tlsslaw.com Mr. Feinberg may be contacted at mfeinberg@tlsslaw.com Read the court decision
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Gordon & Rees Ranks #5 in Top 50 Construction Law Firms in the Nation

June 29, 2020 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani has been ranked the #5 construction law firm in the nation by Construction Executive in the magazine’s 2020 ranking of The Top 50 Construction Law Firms. Gordon & Rees is the only California-based law firm to rank in the Top 25. The firm was ranked in the Top 10 in more specific areas as well.

#1 in the Top 10 Law Firms Ranked by Most Locations
#2 in the Top 10 Law Firms Ranked by Number of Construction Attorneys
#6 in the Top 10 Law Firms Ranked by Number of States Admitted to Practice

“With offices throughout the nation and outstanding construction attorneys in many of those offices, we are able to offer our construction clients a diverse range of legal services wherever they do business,” said Ernie Isola partner and co-chair of the firm’s construction practice group. Read the court decision
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Reprinted courtesy of Gordon Rees Scully Mansukhani

Sacramento’s Commercial Construction Market Heats Up

September 10, 2014 — Garret Murai – California Construction Law Blog
One reason I changed law firms from the Bay Area to Sacramento was I felt that Sacramento’s construction market, which was one of the areas hardest hit in California following the Real Estate Bubble Burst, was poised for a comeback. And as with past real estate cycles, residential construction has led the growth, and is now being followed by commercial construction. Indeed, according to data compiled by Engineering News-Record, commercial and institutional projects are propelling Sacramento’s construction market[.] Read the court decision
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Reprinted courtesy of Garret Murai, Kronick Moskovitz Tiedemann & Girard
Mr. Murai may be contacted at gmurai@kmtg.com

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