Fairfield Connecticut Building Expert Directory

Be Careful With Construction Fraud Allegations

April 06, 2016 — Christopher G. Hill – Construction Law Musings
Here at Construction Law Musings we have discussed the intersection of contracts, construction and fraud on several occasions. We’ve even discussed how such fraud can bleed over from the civil to the criminal. Recently, the Virginia Supreme Court weighed in again on the question of construction fraud and criminal allegations. In O’Connor v. Tice, the Court discussed a malicious prosecution action brought by a contractor against owners of a commercial building. In O’Connor, the owners and the contractor got into a disagreement over alleged damage to the roof of the owners’ building and who was responsible. In response to this disagreement, the owners contacted the local sheriff’s office, accusing the contractor of construction fraud, and then wrote a “15 day letter” to the contractor outlining the criminal consequences should he fail to pay the damages sought in the owners civil lawsuit. Subsequently, a criminal warrant was issued against the contractor based solely upon the word of the owners. This last occurred at the insistence of the owners (who did not inform the sheriff’s deputy or the Commonwealth Attorney that they’d had this conversation or that the contractor had partially performed) after they discussed the matter with the contractor’s attorney and were informed that any claim that they may have had was civil in nature. Read the court decision
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Reprinted courtesy of Christopher G. Hill, Construction Law Musings
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Want a Fair Chance at a Government Contract? Think Again

July 13, 2017 — Duane Craig - Construction Informer
If you’ve ever missed out on a government contract, part of the reason might have been because entrenched government contractors gained competitive advantages by under-paying their workers. The Fair Pay & Safe Workplaces executive order was nullified by Congress this year and much of the reporting by the business press presented just one side of the story. Here’s another perspective. When awarding federal contracts the government is supposed to consider each contractor’s compliance with labor laws related to pay, health and safety. But, there is a huge problem with enforcement on a government contract, according to Senator Elizabeth Warren and other observers.

Some federal contractors frequently underpay their workers violating wage and hour laws. More than 300,000 workers were cheated out of pay while working under federal contracts in the last decade. There were 12,000 companies working on federal contracts that were doing the cheating.
692 federal contractors significantly violated federal labor laws, and then repeated the behavior, over and over. The repeat offenders receive millions in taxpayer dollars as they violated safety and health standards. Those violations caused a wide range of physical harm to workers. Dozens of workers died, and countless numbers were exposed to chemicals that cause long term health problems.

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Reprinted courtesy of Duane Craig, Construction Informer
Mr. Craig may be contacted at dtcraig@constructioninformer.com

Florida Death Toll Rises by Three, Reaching 27 as Search Resumes

July 05, 2021 — The Associated Press (Adriana Gomez Licon & Bobby Caina Calvan) - Bloomberg
Surfside, Fla. (AP) -- Rescuers searched through fresh rubble Monday after the last of the collapsed Florida condo building was demolished, which allowed crews into previously inaccessible places, including bedrooms where people were believed to be sleeping at the time of the disaster, officials said. But they faced a new challenge from thunderstorms that hit the area as Tropical Storm Elsa approached the state. Four more victims were discovered in the new pile, Miami-Dade Assistant Fire Chief Raide Jadallah told family members, raising the death toll to 28 people. Another 117 people remain unaccounted for. The demolition late Sunday was crucial to the search-and-rescue effort, officials said, and raised the prospect that crews could increase both the pace of their work and the number of searchers at the site, although the chance of finding survivors 12 days after the June 24 collapse has diminished. Read the court decision
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Reprinted courtesy of The Associated Press, Bloomberg

Construction Jobs Keep Rising, with April Gain of 33,000

June 10, 2019 — Tom Ichniowski - Engineering News-Record
The construction employment picture continues to brighten, as the industry gained 33,000 jobs in April and its jobless rate improved, the federal Bureau of Labor Statistics has reported. Read the court decision
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Reprinted courtesy of Tom Ichniowski, ENR
Mr. Ichniowski may be contacted at ichniowskit@enr.com

Nine ACS Lawyers Recognized as Super Lawyers – Including One Top 10 and Three Top 100 Washington Attorneys

August 14, 2023 — Travis Colburn - Ahlers Cressman & Sleight
Our blog articles usually cover construction-related issues, but Ahlers Cressman & Sleight, PLLC – once again – is honored to announce nine members of our firm were awarded the distinction of being a “Super Lawyer” in Washington. To become a Super Lawyer, only the top attorneys are nominated by their peers. Once nominated, candidates are researched and evaluated by an independent third-party across twelve key categories, such as experience, honors/awards, verdicts/settlements, and others. Next potential Super Lawyers are evaluated by a highly-credentialed “Blue Ribbon Panel” of peers before final selection. The process is extremely competitive and only 5 percent of the total lawyers in Washington are nominated as Super Lawyers. The following – including one Top 10 and three Top 100 attorneys – are Ahlers Cressman & Sleight, PLLC’s Super Lawyers: John P. Ahlers, one of the firm’s founding partners, was again recognized as a Top 10 Super Lawyer in Washington State for 2023 – this is his seventh year in a row in the Top 10. A founding member of Ahlers Cressman & Sleight, PLLC, he has been named a Super Lawyer in Construction Litigation since 2001—23 years in a row. To read Mr. Ahlers’ full profile, click here. Read the court decision
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Reprinted courtesy of Travis Colburn, Ahlers Cressman & Sleight
Mr. Colburn may be contacted at travis.colburn@acslawyers.com

Communications between Counsel and PR Firm Hired by Counsel Held Discoverable

March 22, 2017 — Kevin R. Crisp, David W. Evans, & Sarah A. Marsey – Haight Brown & Bonesteel LLP
Counsel handling cases involving newsworthy facts and litigation often hire public relations (“PR”) consultants. In Nicholas Behunin v. The Superior Court of Los Angeles County, 2017 DJDAR 2405 (No. B272225 March 14, 2017) the California Court of Appeal, Second District, denied a petition for writ of mandate concerning a trial court discovery order holding that communications between a plaintiff’s attorney and a public relations firm counsel hired for the purpose of creating a website for the Plaintiff were discoverable, despite claims that such communications were protected from disclosure by attorney-client privilege. Plaintiff sued Defendants -- (the) Charles Schwab and his son Michael Schwab -- over an unsuccessful real estate investment. Plaintiff’s attorneys hired a public relations consultant to create a website (www.chuck-you.com) that sought to link the Schwabs with the late Indonesian dictator Suharto’s family. The court succinctly described the web site as “a social media campaign to induce the Schwabs to settle the case.” Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys Kevin R. Crisp, David W. Evans and Sarah A. Marsey Mr. Crisp may be contacted at kcrisp@hbblaw.com Mr. Evans may be contacted at devans@hbblaw.com Ms. Marsey may be contacted at smarsey@hbblaw.com Read the court decision
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Not Remotely Law as Usual: Don’t Settle for Delays – Settle at Remote Mediation

May 25, 2020 — Victor J. Zarrilli, Robert G. Devine & Michael W. Horner - White and Williams LLP
The emergence and rapid spread of COVID-19 has created extraordinary circumstances that have significantly impacted how we go about living, working and interacting with one another. The practice of law is no exception. While most cases have been postponed and some extended indefinitely, the issues and disputes that first triggered the litigation remain. In fact, the burdens created by social distancing and other responses to the COVID-19 outbreak have served to only increase these disputes and create an urgent need in some for quick resolution. In our previous article, we summarized some of the best practices that should be applied when taking and defending depositions in a remote, virtual setting. That technology can also offer the same benefits for alternative dispute resolutions. If planned properly, the use of technology allows remote mediations to be conducted as seamlessly as in-person mediations and, in some circumstances, affords additional benefits that can achieve the best possible resolution for all sides. This article summarizes the opportunities technology has created by which parties can attempt to resolve their disputes through alternative dispute resolution methods, even in a time of social distancing. Reprinted courtesy of White and Williams LLP attorneys Victor J. Zarrilli, Robert G. Devine and Michael W. Horner Mr. Zarrilli may be contacted at zarrilliv@whiteandwilliams.com Mr. Devine may be contacted at deviner@whiteandwilliams.com Mr. Horner may be contacted at hornerm@whiteandwilliams.com Read the court decision
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Hawaii Supreme Court Bars Insurers from Billing Policyholders for Uncovered Defense Costs

April 23, 2024 — Amanda C. Stefanatos - Saxe Doernberger & Vita, P.C.
Across the country, there is a split in authority as to whether an insurance company should be allowed to recoup defense costs where it is ultimately determined that the carrier has no duty to defend under the policy and the policy is silent as to such reimbursement. The Hawaii Supreme Court is the latest to enter the fray to address this very question, ruling in favor of policyholders in the recent case of St. Paul Fire & Marine Insurance Company v. Bodell Construction Company. Facts of the Case and Procedural History The Bodell case arose in response to a pair of certified questions from the US District Court for Hawaii to the Hawaii Supreme Court. The case involved a group of primary and excess insurers that sold liability policies to Bodell Construction and sought reimbursement of defense costs that the insurers had paid to defend a construction defect claim against Bodell. In the Underlying Action, the District Court ultimately ruled that the claims against Bodell Construction were not covered under the policies. Because the claims were not covered, the insurers demanded reimbursement of the defense fees from Bodell . Having determined there was no Hawaii state law on this issue, and in light of conflicting decisions in the district courts, the US District Court for Hawaii requested guidance from the Hawaii Supreme Court. Read the court decision
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Reprinted courtesy of Amanda C. Stefanatos, Saxe Doernberger & Vita, P.C.
Ms. Stefanatos may be contacted at AStefanatos@sdvlaw.com

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