Fairfield Connecticut Building Expert Directory

Language California Construction Direct Contractors Must Add to Subcontracts Beginning on January 1, 2022, Per Senate Bill 727

December 20, 2021 — William L. Porter - Porter Law Group
Senate Bill No. 727, Imposing Liability on Contractors for Wage Claims of Subcontractor Employees: California Senate Bill 727 was approved by the Governor on September 27, 2021. The new Act amended Labor Code Section 218.7 and added a new section 218.8 to the Labor Code. Both Labor Code sections impose on “direct contractors” in the construction industry (defined by Civil Code 8018 as “a contractor that has a direct contractual relationship with an owner”) liability for the wage violations of their subcontractors and sub-subcontractors at any tier when working on California private construction projects. Specifically, new Section 218.8 expands the liability of direct contractors for wage claims of the employees of subordinate subcontractors on projects for contracts executed beginning on January 1, 2022. The liability of the direct contractor under Labor Code 218.8 will include “any debt owed to a wage claimant or third party on the wage claimant’s behalf, incurred by a subcontractor at any tier acting under, by, or for the direct contractor.” Specifically included as listed liabilities of the direct contractor are: “any unpaid wage, fringe or other benefit payment or contribution, penalties or liquidated damages, and interest owed by the subcontractor on account of the performance of the labor.” Read the court decision
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Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

“Slow and Steady Doesn’t Always Win the Race” – Applicability of a Statute of Repose on Indemnity/Contribution Claims in New Hampshire

November 24, 2019 — Rahul Gogineni - The Subrogation Strategist
In Rankin v. South Street Downtown Holdings, Inc., 2019 N.H. LEXIS 165, the Supreme Court of New Hampshire considered, pursuant to a question transferred by the trial court, whether RSA 508:4-b, the statute of repose for improvements to real property, applies to indemnity and contribution claims. The court concluded that based upon the plain reading of the statute, it applies to indemnity and contribution claims. As noted by the court, a holding to the contrary would violate the intent of a statute of repose, which is to establish a time limit for when a party is exposed to liability. In Rankin, after falling and injuring himself while leaving a building, John Rankin and his wife brought an action against the property owner, South Street Downtown Holding, Inc. (South Street) in 2017. South Street subsequently filed a third-party complaint against multiple parties including an architectural company, Wagner Hodgson, Inc. (Wagner), who was involved in a renovation project at the property. The project was substantially complete in 2009. Wagner responded by moving to dismiss the action, arguing that South Street’s indemnification and contribution claims were barred by the applicable statute of repose. RSA 508:4-b specifically states,

Except as otherwise provided in this section, all actions to recover damages for injury to property, injury to the person, wrongful death or economic loss arising out of any deficiency in the creation of an improvement to real property, including without limitation the design, labor, materials, engineering, planning, surveying, construction, observation, supervision or inspection of that improvement, shall be brought within 8 years from the date of substantial completion of the improvement, and not thereafter. (Emphasis added).

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Reprinted courtesy of Rahul Gogineni, White and Williams LLP
Mr. Gogineni may be contacted at goginenir@whiteandwilliams.com

The Oregon Tort Claims Act (“OTCA”) Applies When a Duty Arises from Statute or Common Law and is Independent from The Terms of a Specific Contract. (OR)

February 25, 2014 — Natasha Khachatourians – Scheer & Zehnder LLP Liability Newsletter
Case: Jenkins v. Portland Housing Authority, 260 Or.App. 26, 316 P.3d 369 (2013). Issue: Do tort claims arising from a rental agreement fall within the exemption from the definition of a tort under the OTCA? NO. Facts: Plaintiff rented an apartment in a public housing complex operated by the Portland Housing Authority (“PHA”). While walking in the hallway of the building, Plaintiff slipped on a puddle of water that had leaked from a broken washing machine in a nearby laundry room. Plaintiff fell and was injured. The trial court granted summary judgment to PHA, finding that the PHA was considered a public body under the OTCA and, as a result, enjoyed discretionary immunity from liability. The issue before the court was whether the OTCA applied to a claim under the Oregon Residential Landlord Tenant Act (“ORLTA”) since an ORLTA claim generally arises out of a rental agreement. Plaintiff did not plead breach of a specific provision of the rental agreement, and she conceded that she had alleged a breach of a legal duty resulting in injuries. Plaintiff argued, however, that her claim involved a duty arising from the rental agreement. As such, she contended her claim fell within the exception of the definition of a “tort” under OTCA, and thus the OTCA should not apply to give PHA discretionary immunity. Read the court decision
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Reprinted courtesy of Natasha Khachatourians, Scheer & Zehnder LLP
Ms. Khachatourians may be contacted at natashak@scheerlaw.com

When to use Arbitration to Resolve Construction Disputes

February 25, 2014 — Beverley BevenFlorez-CDJ STAFF
On the blog Construction Contractor Advisor, Craig Martin answers the question of whether arbitration is always the best choice for resolving construction claims. His answer: “Some claims may benefit from arbitration, but the benefit is not always clear.” Martin brings forth four points to consider. First, AIA Contracts do not “push Arbitration.” Second, the cost of arbitration may be expensive: “You could well spend over $5,000 just to have the arbitrator decide your case—again, not to mention your own attorneys fees.” Third, arbitration doesn’t avoid discovery. And finally, “mediation is always an option, regardless of which way you pursue your claim.” Read the court decision
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New Orleans Reviews System After Storm Swamps Pumps

August 17, 2017 — Pam Radtke Russell - Engineering News-Record
The city of New Orleans will hire an independent team of engineers to evaluate the problems that led to severe flooding following an Aug. 5 rainfall of up to 10 in. The decision followed the revelation that 16 of the city’s pumps were not working, despite claims the system was at capacity. Further, the power system that operates those pumps was severely crippled. Read the court decision
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Reprinted courtesy of Pam Radtke Russell, ENR
Ms. Russell may be contacted at Russellp@bnpmedia.com

China Home Glut May Worsen as Developers Avoid Price Drop

August 06, 2014 — Zhang Dingmin - Bloomberg News
The biggest immediate risk facing China’s economy is about to get worse. A reluctance among some developers to sell units at prices lower than they could fetch just months ago threatens to cause a swelling in unsold properties. The worsening glut would extend a slide in construction that’s already put a drag on the world’s second-largest economy, and counter policy makers’ efforts to stimulate the real-estate industry with loosened rules. In Nanjing, eastern China, nine housing projects originally planned for sale in the first half of 2014 were held for later this year, consulting firm Everyday Network Co. says. The number of homes added to the market in July in 21 major cities dropped 25 percent from June, according to Centaline Group, parent of China’s biggest real-estate brokerage. Read the court decision
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Reprinted courtesy of Zhang Dingmin, Bloomberg News
Zhang Dingmin may be contacted at dzhang14@bloomberg.net

Navigating Construction Contracts in the Energy Sector – Insights from Sheppard Mullin’s Webinar Series

October 01, 2024 — Cesar Pereira - Sheppard Mullin
Construction contracts in the energy sector involve unique challenges and risks, particularly with respect to bonds and mechanic’s liens. Understanding how to navigate these challenges is key to protecting your projects from disputes with general contractors, subcontractors and suppliers. In our recent webinar, “Construction Contracts: Bond and Mechanic’s Lien Primer for Energy Projects,” I was joined by my Sheppard Mullin colleagues Chris Kolosov and Emily Anderson to discuss navigating common contract pitfalls and negotiation strategies to protect your interests. Here are our key takeaways.

Know Local Mechanic’s Lien Laws: Mechanic’s liens are statutory and vary significantly from state to state. It is critical to understand the local laws and regulations at play in your project’s jurisdiction.

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Reprinted courtesy of Cesar Pereira, Sheppard Mullin
Mr. Pereira may be contacted at cpereira@sheppardmullin.com

What ENR.com Construction News Gained the Most Views

January 09, 2023 — C.J. Schexnayder - Engineering News-Record
As the construction industry continued its ongoing recovery from the global pandemic in 2022, it also faced a number of formidable challenges—including staffing gaps, materials shortages, supply chain delays and the ongoing specter of inflation. Throughout the year, ENR editors reported on how these issues—and many more—were impacting the sector and how it responded. Reprinted courtesy of C.J. Schexnayder, Engineering News-Record Mr. Schexnayder may be contacted at schexnayderc@enr.com Read the full story... Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES