Fairfield Connecticut Building Expert Directory

White House Seeks $310M To Fix Critical San Diego Wastewater Plant

December 04, 2023 — James Leggate - Engineering News-Record
The Biden administration’s $55.9-billion supplemental funding request to Congress for disaster response and other issues includes $310 million for a project to repair and expand the ailing South Bay International Wastewater Treatment Plant in San Diego, Calif. The plant is part of a repeatedly overwhelmed wastewater treatment system on the U.S.-Mexico border that has allowed untreated sewage flows to foul area beaches. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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Addressing Safety on the Construction Site

January 27, 2020 — Christopher G. Hill - Construction Law Musings
For this week’s Construction Law Musings Guest Post, we welcome a new face, Patrick Rafferty. Patrick (@ThePraff) is a consultant for Brahman Systems and has an interest in construction safety. First of all, I’d like to say that I am not an attorney. Anything I say in this article should be taken with a grain of salt. All of the information that I have written in this article comes from personal work experience on the worksite. Each year, construction sites around the nation see hundreds of thousands of injuries related to equipment operation and situations that could be avoidable with the right precautions in place. In 2011 alone, according to the Occupational Safety and Health Administration, there were 4,069 workers killed on a construction site, most of which were avoidable. Though some sort of on-site problems are unavoidable, they can be minimized with simple practices that every construction site should have in place, whether it is the building of a high-rise building or a simple house renovation. Here are some of the most common issues that lead to injuries on the construction site: Lack of training Before anyone steps onto a construction site, they need to have a thorough understanding of not only what they will be doing, but also how to use the equipment involved in the building process. All operators of heavy machinery should have verifiable training on the machine or equipment they will operate. Most equipment dealers offer training as part of their customer service, such as usage manuals, videos and quizzes. Once these are complete, many will offer a certificate of completion at the end of the process. The larger and more complex the machine, the more time should be allotted for training. 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

Up in Smoke - 5th Circuit Finds No Coverage for Hydrochloric Acid Spill Based on Pollution Exclusion

October 19, 2020 — Kerianne E. Kane & David G. Jordan - Saxe Doernberger & Vita
The Fifth Circuit Court of Appeals recently held that an insurer was not obligated to pay damages associated with a hydrochloric acid spill based on a pollution exclusion in the policy. In Burroughs Diesel, Inc. v. Travelers Indemnity Co. of America,1 a trucking company sued its property insurer, Travelers Indemnity Company of America (“Travelers”) when it refused to pay a claim for a storage tank leak which resulted in over 5,000 gallons of hydrochloric acid entering the property and causing significant damage to buildings, vehicles, tools, and equipment. The acid was initially dispensed in liquid form, but quickly became a cloud that engulfed the property. Travelers denied coverage for the claim based on the pollution exclusion because “acids” fell within the policy’s definition of “pollutants.” The trucking company sued Travelers in the United States District Court for the Southern District of Mississippi, alleging breach of contract and breach of good faith and fair dealing for refusing to pay the claim. The trucking company argued that coverage was warranted because there is an exception to the pollution exclusion if “the discharge, dispersal, seepage, migration, release or escape is itself caused by any of the ‘specified causes of loss,’” and the hydrochloric acid cloud was a form of “smoke,” which is a specified cause of loss covered by the policy. The District Court entered summary judgment in favor of Travelers, finding that the trucking company failed to demonstrate that an exception to the pollution exclusion applied. The trucking company appealed to the Fifth Circuit Court of Appeals. Reprinted courtesy of Kerianne E. Kane, Saxe Doernberger & Vita and David G. Jordan, Saxe Doernberger & Vita Ms. Kane may be contacted at kek@sdvlaw.com Mr. Jordan may be contacted at dgj@sdvlaw.com Read the court decision
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Court Throws Wet Blanket On Prime Contractor's Attorneys' Fees Request In Prompt Payment Case

September 03, 2015 — Steven M. Cvitanovic & Abigail E. Lighthart – Haight Brown & Bonesteel LLP
Prompt payment penalty cases do not come around very often, but when they do, there is bound to be fireworks. In James L. Harris Painting & Decorating, Inc. v. West Bay Builders, Inc., et al. (No. C072169, filed 8/27/15), the California Court of Appeal for the Third Appellate District upheld the trial court's discretion to not award prevailing party attorneys' fees to the party who won a prompt payment dispute. California Business and Professions Code §7108.5 and Public Contract Code §§7107 and 10262 are the mechanisms for obtaining prompt payment relief in California. As shown by the outcome, it is possible to win and lose at the same time. West Bay Builders, Inc. (“West Bay”) was the prime contractor on a school construction project for Stockton Unified School District. West Bay entered into a subcontract agreement with James L. Harris Painting & Decorating, Inc. (“Harris”) on the project. During construction there were disagreements between West Bay and Harris regarding the contractual scope of work, and Harris performed work it believed was outside the contract, believing it would be paid for the additional work. After West Bay refused to pay for the additional work, Harris left the project, and West Bay hired another subcontractor to complete the work. Reprinted courtesy of Steven M. Cvitanovic, Haight Brown & Bonesteel LLP and Abigail E. Lighthart, Haight Brown & Bonesteel LLP Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com Ms. Lighthart may be contacted at alighthart@hbblaw.com Read the court decision
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Congratulations to San Diego Partner Alex Giannetto and Senior Associate Michael Ibach on Settling a Case 3 Weeks Into a 5-Week Trial!

April 15, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Partner Alex Giannetto and Senior Associate Michael Ibach of BWB&O’s San Diego office started a trial in San Diego set to last at least five weeks. Plaintiffs alleged causes of action of negligence, trespass and nuisance against BWB&O’s client, arguing the owner/property manager did not properly handle alleged overwatering of the front yard, allegedly resulting in a landslide impacting 8 homes on a City slope in Carlsbad. Cross-Complainant City alleged independent negligence to fix the slope it owned and controlled as well as various indemnity-based causes of action against BWB&O’s client. Plaintiffs claimed over $24 million in damages, while Cross-Complainant placed sole blame for the incident on BWB&O’s client around $6 million. Heading into trial, it was made clear that neither Plaintiffs nor Cross-Complainant would accept anything less than 7-figures to settle BWB&O’s client out of the case. In the first week of trial, BWB&O was able to leverage motions in limine, opening statements, and cross-examinations to secure a dismissal of three of the four causes of action alleged by Plaintiff that were associated with pain & suffering. In the second week of trial, BWB&O secured a dismissal of Cross-Complainant’s negligence cause of action paving the way for a settlement with Plaintiffs. Leveraging the threat of a non-suit when Plaintiffs rested, BWB&O secured resolution of Plaintiffs’ complaint for a fraction of what had previously been sought. Finally, BWB&O was able to secure a dismissal of the remaining indemnity-based causes of action in the cross-complaint and fully extract the client from the matter. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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
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The Future for Tall Buildings Could Be Greener

October 01, 2013 — CDJ STAFF
Skidmore, Owens and Merrill made its reputation by creating iconic structures of steel, concrete, and glass, but in a new report, the firm puts forth ways in which the first item would be wood. Building codes in many cities stipulate that buildings taller than four stories be built of steel and concrete, but the firm says that it has come up with a way of building structures of 30 stories or more using wood. The tallest wood-framed building currently is only ten stories tall. In order to calculate a comparison, Skidmore, Owens and Merrill designed a forty-two story building based on the design of an existing apartment building. Actually building it would require almost 4 million board-feet of wood. Unlike a typical single-family home (and its 20,000 board-feet of wood), these building would use glue-laminated timber and slabs. The study found that the building would weigh less than half as much, allowing a less massive foundation. If the wood came from sustainable sources, its environmental impact would be drastically reduced. They calculated that instead of 9,500 tons of CO2 emissions for the conventional tower, the wood structure would be responsible for only 2,100 tons of emissions. Skyscrapers will continue to be a feature of large cities. But instead of urban canyons of steel and concrete, in the future those towering buildings might be made of wood. Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES