Fairfield Connecticut Building Expert Directory

Montrose III: Vertical Exhaustion Applies in Upper Layers of Excess Coverage

May 18, 2020 — Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLP
In Montrose Chemical Corp. of Cal. v. Superior Court (No. S244737, filed 4/6/20) (Montrose III), the California Supreme Court held that, as between excess insurers at differing levels of coverage, a rule of “vertical exhaustion” or “elective stacking” applies, whereby the insured may access any excess policy once it has exhausted other excess policies with lower attachment points in the same policy period. The Court limited the rule to excess insurance, stating that “[b]ecause the question is not presented here, we do not decide when or whether an insured may access excess policies before all primary insurance covering all relevant policy periods has been exhausted.” Montrose manufactured the insecticide DDT in Torrance from 1947 to 1982. In 1990, the state and federal governments sued Montrose for environmental contamination and Montrose entered into partial consent decrees agreeing to pay for cleanup. Montrose claimed to have expended in excess of $100 million doing so, and asserted that its future liability could exceed that amount. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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Contractor’s Assignment of Construction Contract to Newly Formed Company Before Company Was Licensed, Not Subject to B&P 7031

October 04, 2021 — Garret Murai - California Construction Law Blog
Add one more to the Business and Profession Code section 7031 archives. In Manela v. Stone, Case No. B302660 (July 1, 2021), the 2nd District Court of appeal held that Section 7031 did not apply to a contractor licensed as a sole proprietor who assigned his contract to his newly formed company although at the time of the assignment the contractor’s individual contractor’s license had not yet been reissued to the incorporated company. The Manela Case On January 4, 2015, John Stone doing business as Stone Construction Company entered into a home remodeling contract with Yosef and Nomi Manela. At the time, Stone had held a contractor’s license since 1982. On February 11, 2015, after work on the project had begun, Stone formed JDSS Construction Company, Inc., and filed a fictitious business name using the same name Stone Construction Company. Stone applied to the Contractors State License Board to have his contractor’s license issued from himself personally to his new corporation. On March 15, 2015, while waiting for the CSLB to reissue his contractor’s license, Stone entered into an assignment agreement between himself and his new company assigning the Manela construction contract. The assignment agreement was signed by Stone in his personal capacity and as President of JDSS Construction. The assignment agreement was not signed by the Manelas. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Hunton Insurance Practice Receives Top (Tier 1) National Ranking by US News & World Report

June 27, 2022 — Hunton Insurance Recovery Blog
Hunton Andrews Kurth LLP’s insurance practice has received U.S. News & World Report’s highest national ranking (Tier 1) in its ranking of Best Law Firms for Insurance Law. Law firms are ranked in tiers from 1 (highest) to 3 (lowest) based on quantitative data that speaks to general demographic and background information on the practice group, attorneys, and other data that speaks to the strengths of a law firm’s practice as well as qualitative client feedback about:

the practice group’s expertise,
responsiveness,
understanding of a business and its needs,
cost-effectiveness,
civility, and
whether the client would refer another client to the firm.

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Reprinted courtesy of Hunton Andrews Kurth LLP

Fourteen Years as a Solo!

July 08, 2024 — Christopher G. Hill - Construction Law Musings
I have always found it appropriate that my jump to solo practice and Independence Day are so close in time. Today marks 14 years since my first day as a solo practitioner of construction law at The Law Office of Christopher G. Hill, PC. Time sure has flown by thanks to the great clients and friends who followed me to solo practice and whom I have met since the firm’s founding on July 1, 2010. I also could not have made the transition and had the fun and success I have enjoyed over the past 14 years without the support of the best wife and family that any construction lawyer could want. Since the firm’s last anniversary, my youngest child (who was 7 when this journey began!) started and completed her junior year at N. C. State University and is currently in Idaho working as an intern for Idaho Fish & Game, my second oldest is an assistant director of admissions at Appalachian State University in Boone, NC, and is newly married, and my oldest has bought a home, adopted an adorable golden retriever puppy, and celebrated her third marriage anniversary. Our home in Captiva, Florida has also continued its recovery from Hurricane Ian. Professionally, I’ve had a great year. I am serving as the Vice Chair of the Section Council of the Virginia Bar Association Construction and Public Contracts Law section. I was also honored to be nominated and elected to the Virginia Legal Elite in Construction Law for the 17th straight year and to the Virginia Super Lawyers in Construction Litigation for the 8th year running. I also continued to have the opportunity to teach in various construction-related venues on relevant topics and to help out some of the best clients around. I have also continued to grow my ADR practice, including arbitration and mediation. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

A Proactive Approach to Construction Safety

February 20, 2023 — The Hartford Staff - The Hartford Insights
The number of injuries and illnesses in the construction industry is trending downward, but companies need to continue making worker safety a priority – especially as they address the ongoing labor shortage. According to the most recent data from the U.S. Bureau of Labor Statistics, the incident rate of nonfatal injuries and illnesses in the construction industry was 2.5 per 100 full-time employees.1 The total number of cases of nonfatal injuries and illnesses in the industry was 174,100.2 These numbers are lower than the incident rates and total cases in 2019 and 2018.3, 4, 5, 6 Despite the declining trend of injuries, professionals at The Hartford believe construction firms need to keep worker safety at the forefront as they address the ongoing talent and labor shortage in construction. Companies are getting creative to find workers. From recruiting veterans to working closely with trade schools, construction firms are trying to find skilled laborers to meet project deadlines. Read the court decision
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Reprinted courtesy of The Hartford Staff, The Hartford Insights

Torrey Pines Court Receives Funding for Renovation

August 06, 2014 — Beverley BevenFlorez-CDJ STAFF
San Diego Source reported that “CIT Real Estate Finance provided…$60 million…to refinance existing debt and fund the renovations at Torrey Pines Court,” a five-building Class A office campus located in La Jolla, California. The 206,128 square foot complex, which resides on 9.24 acres, is adjacent to the Torrey Pines Golf Course. CIT has funded the project in partnership with Rockwood Capital and The Muller Company. "We are excited to begin renovations that will complete our repositioning of Torrey Pines Court with state-of-the-art office space and amenities,” David Streicher, Partner at Rockwood Capital, stated according to a press release in the Wall Street Journal. “We expect that the renovations, coupled with the project's picturesque setting, will solidify Torrey Pines Court's position as the preferred office destination in the submarket. We thank CIT for working with us to create a sound financing package that will take this project to the next level." Read the full story, San Diego Source... Read the full story, Wall Street Journal... Read the court decision
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NYC’s First Five-Star Hotel in Decade Seen at One57 Tower

July 02, 2014 — Heather Perlberg – Bloomberg
Hyatt Hotels Corp. (H) is seeking to make its Park Hyatt New York, opening next month at the base of the ultra-luxury One57 condominium tower, Manhattan’s first new five-star hotel in more than a decade. The 25-floor property is making its debut on West 57th Street in the area known as Billionaires Row for its residential skyscrapers with apartments costing tens of millions of dollars. Plans for the Park Hyatt call for 210 guest rooms starting at $795 a night, spa-treatment suites with private balconies, and amenities such as an indoor pool with underwater speakers that pipe in music from neighboring Carnegie Hall. Hyatt is seeking a competitive edge in Manhattan, where it already operates seven properties, none rated five stars, said Steve Haggerty, global head of real estate and capital strategy for the Chicago-based company. The new Park Hyatt would be the city’s first hotel with the coveted distinction since 2003, when the Mandarin Oriental opened in the nearby Time Warner Center. Since then, most growth in the city’s lodging market has been in the select-service category, hotels that offer few amenities and cost less to operate. Read the court decision
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Reprinted courtesy of Heather Perlberg, Bloomberg
Ms. Perlberg may be contacted at hperlberg@bloomberg.net

Haight Welcomes Elizabeth Lawley

September 03, 2015 — Elizabeth W. Lawley – Haight Brown & Bonesteel LLP
Haight Brown & Bonesteel LLP welcomes partner Elizabeth W. Lawley. Elizabeth joins Haight’s new Sacramento office in the Construction Law and General Liability Practice Groups. She has extensive experience representing construction companies, contractors, subcontractors, real estate developers and insurers. Among her clients are prestigious national home builders, window manufacturers, roofers, HVAC, tile and masonry contractors. Elizabeth provides exceptional legal services while navigating complex litigation handling and resolution and she adds another layer of top-tier skills to Haight’s existing practice. Haight Brown & Bonesteel LLP 2485 Natomas Park Drive Suite 450 Sacramento, CA 95833 www.hbblaw.com Read the court decision
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Reprinted courtesy of Elizabeth W. Lawley, Haight Brown & Bonesteel LLP
Ms. Lawley may be contacted at elawley@hbblaw.com

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