FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

An Interesting Look at Mechanic’s Lien Priority and Necessary Parties

May 13, 2019 — Christopher G. Hill - Construction Law Musings
As regular readers of Construction Law Musings are well aware, I like to discuss mechanic’s liens. Whether it is their picky nature, the way court’s treat them or the soon to take effect changes in the form, mechanic’s liens are a topic near and dear to my heart as a construction attorney. This past month the Fairfax Circuit Court took on the intersection of mechanic’s lien priority under Virginia Code section 43-21 (the lien priority statute) and what constitute necessary parties that must be named in any enforcement suit. In Marines Plumbing, LLC v. Durbin, et al., the Court discussed an all too typical scenario. Marines Plumbing performed repair work on the defendants’ property and the defendants did not pay for the work. Marines Plumbing recorded a memorandum of lien and subsequently sued to enforce that lien. In filing its suit, Marines Plumbing failed to name the trustees and lender on a deed of trust securing the loan on the property. Needless to say, the Defendants moved to dismiss the action for failure to name necessary parties (lender and trustees). Read the court decision
Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

---

Washington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss Context

January 04, 2021 — Kathleen A. Nelson & Jonathan R. Missen - Lewis Brisbois
The law in the State of Washington, albeit clear on issues regarding first party claimants, was recently challenged in the matter of Eye Associates Northwest, P.C. v. Sedgwick et. al. However, despite this challenge of first impression, the court limited the application of the term “first party claimant” (a term of art akin to “insured”) based upon the wording of a loss payee clause, as well as taking into consideration and harmonizing the wording of the leases, other provisions in the policy regarding tenant improvements, and the simple fact that Eye Associates was not named in the policy whatsoever. In Eye Associates, the plaintiff leased office space in a high-rise medical office building, insured by three separate insurance companies. A water loss caused damage to the plaintiff’s leased space, and the plaintiff brought suit against the owner of the building, its insurers, the property manager, a third-party administrator (TPA), and two individual adjusters assigned to inspect and adjust the water loss claim. Reprinted courtesy of Kathleen A. Nelson, Lewis Brisbois and Jonathan R. Missen, Lewis Brisbois Ms. Nelson may be contacted at Kathleen.Nelson@lewisbrisbois.com Mr. Missen may be contacted at Jonathan.Missen@lewisbrisbois.com Read the court decision
Read the full story...
Reprinted courtesy of

---

Traub Lieberman Partner Adam Joffe Named to 2022 Emerging Lawyers List

February 01, 2022 — Adam P. Joffe, Traub Lieberman
Traub Lieberman is pleased to announce that Adam Joffe has been selected by his peers as a 2022 Emerging Lawyer in Leading Lawyers Magazine in the area of Insurance, Insurance Coverage & Reinsurance Law. Those selected as Emerging Lawyers have been identified by their peers to be among the TOP LAWYERS who are age 40 or younger unless they have practiced for no more than 10 years. Less than 2% of all lawyers licensed in each state have received the distinction of Emerging Lawyer. Reprinted courtesy of Adam P. Joffe, Traub Lieberman Mr. Joffe may be contacted at ajoffe@tlsslaw.com Read the full story... Read the court decision
Read the full story...
Reprinted courtesy of

---

N.J. Voters Approve $116 Million in School Construction

March 19, 2014 — Stacie Sherman – Bloomberg
New Jersey voters in 11 of 13 school districts with bond referendums this week approved $116.1 million of construction. The largest project, out of a total of $180 million proposed, failed. Voters in the Greater Egg Harbor Regional High School District rejected $37 million in renovations to three schools. The work would have increased property taxes as much as $36 a year, according to the district, which serves four towns at the Jersey Shore. Read the court decision
Read the full story...
Reprinted courtesy of Stacie Sherman, Bloomberg
Ms. Sherman may be contacted at sbabula@bloomberg.net

---

Oregon Codifies Tall Wood Buildings

October 23, 2018 — Joanna Masterson - Construction Executive
Oregon is the first state to allow wood buildings to exceed six stories without special consideration under the Oregon Building Codes Division’s recent statement of alternative method (SAM), which provides prescriptive path elements for mass timber construction. The SAM establishes three new types of construction—Type IV A, B and C—that allow buildings to go as high as nine to 18 stories with varying percentages of exposed timber surfaces and sprinkler system requirements. Reprinted courtesy of Joanna Masterson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
Read the full story...
Reprinted courtesy of

---

False Implied Certifications in Making Payment Requests: What We Can Learn from Lance Armstrong

January 20, 2020 — Brian S. Wood & Alex Gorelik - ConsensusDocs
In April 2018, the Department of Justice announced a $5M settlement reached in its lawsuit against former professional cyclist, Lance Armstrong. While the fallout from Armstrong’s latently-admitted use of performance-enhancing drugs (“PEDs”) was well-publicized, including lost sponsorship deals, stripped Tour de France titles, and damage to his reputation, few were aware of Armstrong’s exposure to liability and criminal culpability for false claims against the government. The DOJ’s announcement reminded Armstrong and the rest of us of the golden rule of dealing with the government: honesty is the best policy. The corollary to that rule is that dishonesty is costly. Armstrong’s liability stemmed from false statements (denying the use of PEDs) he made, directly and through team members and other representatives, to U.S. Postal Service (“USPS”) representatives and to the public. USPS was the primary sponsor of the grand tour cycling team led by Armstrong. The government alleged in the lawsuit that Armstrong’s false statements were made to induce USPS to renew and increase its sponsorship fees, in violation of the False Claims Act. The Statute Enacted in 1863, the False Claims Act (“FCA”) was originally aimed at stopping and deterring frauds perpetrated by contractors against the government during the Civil War. Congress amended the FCA in the years since its enactment, but its primary focus and target have remained those who present or directly induce the submission of false or fraudulent claims. The current FCA imposes penalties on anyone who knowingly presents “a false or fraudulent claim for payment or approval” to the federal Government. A “claim” now includes direct requests to the Government for payment, as well as reimbursement requests made to the recipients of federal funds under federal benefits programs (such as Medicare). Thirty-one states, the District of Columbia, and Puerto Rico have also enacted laws imposing penalties for false claims against state agencies and their subdivisions, with most of these laws modelled after the federal FCA. Reprinted courtesy of Brian S. Wood, Smith, Currie & Hancock, LLP and Alex Gorelik, Smith, Currie & Hancock, LLP Mr. Wood may be contacted at bswood@smithcurrie.com Mr. Gorelik may be contacted at agorelik@smithcurrie.com Read the court decision
Read the full story...
Reprinted courtesy of

---

Los Angeles Tower Halted Over Earthquake and other Concerns

December 04, 2013 — CDJ STAFF
Plans to build the Millennium Hollywood project have been halted over lawsuits alleging that the Hollywood fault line runs under the site and would render it unsafe. Additional claims are that the buildings would block views of the Hollywood sign. But Robert Silverstein alleges in his suit that the buildings would endanger lives. The Millennium claims that the project would create about 3,000 construction jobs, and that after the building were complete, they would create 1,000 jobs. Read the court decision
Read the full story...
Reprinted courtesy of

---

Contractor's Agreement to Perform Does Not Preclude Coverage Under Contractual Liability Exclusion

January 31, 2014 — Tred R. Eyerly – Insurance Law Hawaii
In a much anticipated decision, the Texas Supreme Court ruled that a general contractor who agrees to perform its work in a good and workmanlike manner does not "assume liability" for damages arising out of its defective work so as to trigger the Contractual Liability Exclusion. Ewing Constr. Co., Inc. v. Amerisure Ins. Co., 2014 Tex. LEXIS 39 (Tex. Jan.17, 2014). Ewing signed an agreement with the School District to serve as general contractor to renovate and build additions to a school, including tennis courts. After construction was completed, the tennis courts started flaking, crumbling, and cracking. The School District filed suit, alleging breach of contract and negligence. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---