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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Local # 0740
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    Salem, CT 06420

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    Building Expert News and Information
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    Hirer Liable for Injury to Subcontractor’s Employee Due to Failure to Act, Not Just Affirmative Acts, Holds Court of Appeal

    Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation Areas

    All Risk Policy Only Covers Repair to Portion of Dock That Sustains Damage

    Modification: Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the Injuries of an Independent Contractor’s Employee

    Contractors Liable For Their Subcontractor’s Failure To Pay Its Employees’ Wages And Benefits

    Massachusetts Couple Seek to Recuse Judge in Construction Defect Case

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    Discussion of History of Construction Defect Litigation in California

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    The Results are in, CEO/Founding Partner Nicole Whyte is Elected to OCBA’s 2024 Board of Directors!

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    The Hunton Policyholder’s Guide to Artificial Intelligence: SEC’s Recent AI-Washing Claims Present D&O Risks, Potential Coverage Challenges

    July 08, 2024 —
    We have previewed in prior posts the ways artificial intelligence is rapidly changing the way business operate, including the many ways AI has influenced the insurance market, creating both opportunities and risks for policyholders. We later highlighted, based on a recent securities lawsuit, how corporate management may be at risk for the alleged use or misuse of AI and how companies should evaluate their directors and officers (D&O) and management liability policies to ensure that they are prepared to respond to and mitigate AI-driven risks, including claims alleging that a company or its officers and directors made misrepresentations about AI. That potential risk now has regulatory teeth, as the US Securities and Exchange Commission recently charged the founder of an AI hiring startup with fraud based on claims about using AI to help clients find diverse and underrepresented candidates to fulfill diversity, equity, and inclusion hiring goals. Reprinted courtesy of Geoffrey B. Fehling, Hunton Andrews Kurth, Michael S. Levine, Hunton Andrews Kurth and Alex D. Pappas, Hunton Andrews Kurth Mr. Fehling may be contacted at gfehling@HuntonAK.com Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Pappas may be contacted at apappas@HuntonAK.com Read the court decision
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    Biggest U.S. Gas Leak Followed Years of Problems, State Says

    June 10, 2019 —
    The worst natural gas leak in U.S. history, which broke out at a Sempra Energy storage field near Los Angeles almost four years ago, was caused by corrosion, according to a report commissioned by California regulators. The rupture of a 7-inch (18-centimeter) well casing at Sempra Energy’s Aliso Canyon storage complex was due to “microbial corrosion” brought on by contact with groundwater, an independent analysis conducted by Blade Energy Partners and commissioned by two state agencies found. The report also concluded there had been more than 60 leaks in the field dating back to the 1970s, and Sempra didn’t carry out detailed inspections after they occurred, the California Public Utilities Commission and Department of Conservation said in a joint statement. The company’s Southern California Gas lacked “any form of risk assessment” to manage the integrity of its wells and hadn’t established systematic practices to protect against corrosion and monitor well pressure, the agencies said. Reprinted courtesy of Mark Chediak, Bloomberg and Edvard Pettersson, Bloomberg Read the court decision
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    Creative Avenue for Judgment Creditor to Collect a Judgment

    October 27, 2016 —
    I have a judgment against another entity. Now what? I want to briefly talk about this “now what?” in the context of the recent decision in MYD Marine Distributor, Inc. v. International Paint, Ltd., 41 Fla. L. Weekly D2364a (Fla. 4th DCA 2016). Although this case is not a construction case, it poses an interesting issue for any entity that has a judgment entered against it (known as the judgment debtor) while it is contemporaneously the plaintiff and pursuing monetary damages in an unrelated case or cases. This case also presents an avenue for any judgment creditor to pursue in the event other post-judgment collection efforts are unsuccessful. Read the court decision
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    Reprinted courtesy of David Adelstein, Katz, Barron, Squitero, Faust, Friedberg, English & Allen, P.A.
    Mr. Adelstein may be contacted at dma@katzbarron.com

    Congratulations to Nine Gibbs Giden Partners Selected to the 2023 Southern California Super Lawyers List

    January 23, 2023 —
    Nine Gibbs Giden partners have been selected to the 2023 Southern California Super Lawyers list for the third year in a row! Congratulations to partners Jason Adams Barbara Gadbois Sara Kornblatt William Locher Christopher Ng (Managing Partner) Glenn Turner, III Ted Senet Richard Wittbrodt Philip Zvonicek Read the court decision
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    Personal Injury Claims – The Basics

    February 11, 2019 —
    Personal injury claims can manifest in multiple ways, and while procedurally many may be similar, no two cases are ever exactly alike. The basis of all personal injury claims is a person suffering some injury or harm. The laws related to personal injury claims are in place to allow for the party at fault to be held responsible, and the injured party to seek a remedy and be “made whole” after suffering injury. Typical causes of action for personal injury claims can include intentional actions (torts) against an individual, negligence, or strict liability. At the heart of all injury claims are the issues of liability and damages. Liability is the determination of whether the defendant being accused of the harm is responsible, i.e. caused the injury and resulting harm. Damages is a concept that encompasses the harm a person suffered as a result of the injury. For personal injury, typical damages can include medical bills, loss of earnings, future medical care, and pain and suffering. Read the court decision
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    Reprinted courtesy of Jessica L. Mulvaney, Bremer Whyte Brown & O'Meara LLP

    Tom Newmeyer Elected Director At Large to the 2017 Orange County Bar Association Board of Directors

    October 20, 2016 —
    NEWPORT BEACH, Calif. – OCTOBER 17, 2016 – Prominent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that co-founding partner Tom Newmeyer has been elected Director at Large to the 2017 Orange County Bar Association Board of Directors. Newmeyer was elected to the Board for a three-year term beginning January 2017 and will be installed during the OCBA Judges’ Night & Annual Meeting in January along with the 2017 Officers and other Board members. “It’s an honor to be selected by my fellow OCBA members to represent their interests as a Board member,” said Tom Newmeyer. “As Director at Large, I will do my utmost to preserve and enhance the OCBA’s commitment to the members it serves.” Tom Newmeyer is one of the founding partners of Newmeyer and Dillion LLP, which has grown from three attorneys in 1984 to over 70 lawyers in Newport Beach and Walnut Creek, California and Las Vegas, Nevada. Newmeyer has an active trial and appellate practice covering all areas of business litigation, including unfair competition, trade secrets, contract disputes, corporate and partnership dissolutions, trusts and estates, and labor and employment. He has extensive experience in representing clients in diverse areas including “green” technologies, subprime mortgages, internet and computer software, as well as real estate. About Newmeyer & Dillion For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client’s needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949-854-7000 or visit www.ndlf.com Read the court decision
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    Reversing Itself, Alabama Supreme Court Finds Construction Defect is An Occurrence

    April 08, 2014 —
    The Alabama Supreme Court withdrew is prior opinion and authored a new decision finding that construction defects are an "occurrence." Owners Ins. Co. v. Jim Carr Homebuilder, No. 1120764 (Ala. March 28, 2014) [decision here]. Jim Carr Homebuilder (JCH) contracted to build a home for the Johnsons. After completion of the construction and moving in, the Johnsons noticed several problems with the house, including water leaking through the roof, walls, and floors, resulting in water damage to those and other areas of the house. When JCH was unable to satisfactorily fix the problems, the Johnsons sued, alleging breach of contract, fraud, and negligence. Owners, JCH's insurer, defended under a reservation of rights. The matter went to arbitration, where an award of $600,000 was made to the Johnsons. Owners filed a declaratory judgment action against the Johnsons and JCH. Owners argued that the property damage upon which the award was based was not the result of an "occurrence." The trial court determined that the entire arbitration award was covered under the policy. 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

    Preventing Acts of God: Construction Accidents Caused by Outside Factors

    September 20, 2017 —
    For this week’s Guest Post Friday here at Musings, we welcome back Seth Smiley. Seth, a native of Baton Rouge, is the owner of Smiley Law Firm. He is admitted to practice in all state and federal courts in Louisiana and California. Seth Smiley is the son of a general contractor, and acquired valuable work experience in the construction industry prior to entering law school. He earned his J.D. from Loyola, New Orleans in 2009. In his practice, Seth handles all aspects of construction cases, from initial contracting all the way to final payment once work is complete. Other areas of focus include commercial lease disputes, personal injury, business formation, and insurance property damage claims. Seth loves to fight insurance companies. Seth is currently the primary author of the Smiley Law Blog. The blogs primary focus is to provide value for current and prospective clients regarding trending legal issues in which the attorneys at Smiley Law Firm cover. There are several factors a construction team can control on a job site. The foreman can ensure scaffolding is secure and that all employees are properly trained, and all workers can take steps to ensure a reasonably safe work site. Accidents can and will happen despite the best efforts of those involved. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com