Fairfield Connecticut Building Expert Directory

The Prolonged Effects on Commercial Property From Extreme Weather

January 29, 2024 — The Hartford Staff - The Hartford Insights
As evidenced by the extraordinary heat in the Southwest, a string of tornadoes in South and Midwest, and heavy rains in California and Florida, 2023 was a banner year for extreme weather. However, 2024 may be no different, which means now is the time for businesses to rethink the way they approach volatile weather, as well as the frequency and severity of storms and natural disasters. The risks and challenges that businesses face as extreme weather becomes stronger and causes more property damage, requires innovative technology with specialized insurance solutions. Through updated building codes, advancements in technology and meaningful infrastructure improvements, businesses can make a difference in protecting their property and reducing losses. Stronger Building Codes To Withstand Storms It is not uncommon to see the destruction that a hurricane or tornado leaves behind. However, stronger building codes are one of the best ways to make sure property can withstand catastrophes. Florida for example implemented changes to its building codes after Hurricane Andrew, and then again in 2007 after the Hurricanes of 2004 and 2005. New construction since then has made houses and buildings significantly more hurricane proof. Buildings constructed 30 years ago were likely built with codes that may have neglected the impact of strong winds from an extreme hurricane or significant rainfall that a storm can bring, especially along the Atlantic and Gulf coasts. Read the court decision
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Reprinted courtesy of The Hartford Staff, The Hartford Insights

How Does Weather Impact a Foundation?

December 27, 2021 — Brent Pearson - Construction Executive
When it comes to commercial properties, it pays to be prepared. However, there are few things as unpredictable as the weather. With there being several weeks left in hurricane season, the weather can have quite an impact on the foundations of different properties. Whether it’s a new home or a century-old commercial property, preserving the integrity and safety of the structure is paramount. For those in construction looking to learn more about how the weather can sway a foundation, below are several examples along with tips on prevention. Rain, Rain Go Away! Hurricanes are known for bringing strong winds and plenty of rain. This can spell disaster for buildings with weak foundations. Torrential downpours can cause wet and weak soil. Too much rain—whether generated by hurricanes or frequent storms—can negatively impact the foundations of commercial properties and homes as well. It can also cause the soil to weaken, which can lead to a foundation sinking into the ground. For those that may have crawl spaces underneath their properties, heavy rains may cause water to seep under and into it. Water will sit in the crawl space, and it could take days or even weeks to dry out, causing moisture and possible mold damage. Reprinted courtesy of Brent Pearson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Congratulations to BWB&O Partner John Toohey and His Fellow Panel Members on Their Inclusion in West Coast Casualty’s 2022 Program!

March 14, 2022 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara is pleased to announce that Newport Beach Partner John Toohey was selected to speak during the West Coast Casualty Conference on Friday, May 13th at 12 PM PST., alongside panel members Al Clarke of Clarke Mediation, Inc., Brett Reuter of Arch Insurance Group, Inc., Kevin Stineman of Hannover Re Services, Inc. and Scott Rembold of Rembold Hirschman To register for the West Coast Casualty Conference, please click here! Mr. Toohey and his fellow speakers will be discussing The Alternative-to-Alternative Dispute Resolution-Arbitration in Construction Matters and Beyond! Unfortunately, many construction projects end in dispute and the parties frequently find themselves in the middle of uncharted territory – arbitration! Join us as we explore the pitfalls, debunk the myths, and discuss the benefits of arbitration in construction disputes. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

Thinking About a Daubert Motion to Challenge an Expert Opinion?

February 06, 2023 — David Adelstein - Florida Construction Legal Updates
When you receive an expert opinion, one of the first things you are considering is whether it is worth filing a Daubert motion / challenge. A Daubert motion is a generally a pretrial motion you are using to challenge the admissibility of the expert opinion. Keep in mind this deals with the admissibility, not the credibility, of the expert opinion. A Daubert motion is based on three prongs that must be answered: 1) is the witness qualified to render the expert opinion?; 2) is the expert’s opinion reliable?; and 3) is the expert’s opinion relevant?. A Daubert motion is premised after Federal Rule of Evidence 702 that provides: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
the testimony is based on sufficient facts or data;
the testimony is the product of reliable principles and methods; and
the expert has reliably applied the principles and methods to the facts of the case.

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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

The Right to Repair Act Means What it Says and Says What it Means

December 18, 2022 — Garret Murai - California Construction Law Blog
A rather short case for a short week. In Gerlach v. K. Hovnanian’s Four Seasons at Beaumont, LLC, 82 Cal.App.5th 303 (2022), the 4th District Court of appeals examined provisions of the Right to Repair Act (Civ. Code §§895 et. seq), also known as “SB 800” after its original bill number, as it applies to roofs. The Gerlach Case Lynn Gerlach and Lola Seals are homeowners who purchased their homes in the Four Seasons at Beaumont adult community, for those 55 year old and older, located in Beaumont, California. Gerlach purchased her home when it was built in 2006. Seals purchased her home from the original owners in 2015. In 2015 and 2016, Gerlach and Seals served the developer, K. Hovnanian’s Four Seasons at Beaumont, LLC, with claim notices under the Right to Repair Act. The Right to Repair Act, as its name implies, provides notice requirements and repair rights by developers of new single-family homes. The Right to Repair Act also includes construction standards, the violation of which, provides homeowners with a statutory basis for bringing construction defect claims. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Insurer Must Pay for Matching Siding of Insured's Buildings

December 02, 2019 — Tred R. Eyerly - Insurance Law Hawaii
The Seventh Circuit found that the insurer was obligated to pay for siding of a building that was not damaged by hail so that it matched the replaced damaged portions of the siding. Windridge of Naperville Condominium Association v. Philadelphia Indem. Ins. Co., 2019 U.S. App. 23607 (7th Cir. Aug. 7, 2019). A hail and wind storm damaged buildings owned by Windridge. The storm physically damaged the aluminum siding on the buildings' sought and west sides. Philadelphia Indemnity, Windridge's insurer, contended that it was only required to replace the siding on those sides. Windridge argued that replacement siding that matched the undamaged north and east elevations was no longer available, so Philadelphia had to replace the siding on all four sides of the buildings to that all of the siding matched. Windridge sued and moved for summary judgment. The district court ruled that matching was required. The only sensible result was to treat the damage as having occurred to the building's siding as a whole. The policy was a replacement-cost policy. Philadelphia promised to "pay for direct physical 'loss' to 'Covered Property' caused by or resulting from" the storm, with the amount of loss being "the cost to replace the lost or damaged property with other property . . . of comparable material and quality . . . and . . . used for the same purpose." The loss payment provision offered four different measures for loss, leaving Philadelphia free to choose the least expensive: (1) pay the value of the lost or damaged property; (2) pay the cost of repairing or replacing the lost or damaged property; (3) take all or any part of the property at an agreed or appraised value; or (4) repair, rebuild or replace the property with other property of like kind and quality. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Commercial Construction Heating Up

November 20, 2013 — CDJ STAFF
The Motley Fool suggests that commercial construction is the next hot sector. Their analysis is that lag time between a rise in residential construction and commercial construction is just about over. “Industry surveys and construction data are suggestion that commercial construction could be about to turn.” Among the indicators are increased billing by architects for commercial projects. With the exception of December 2012, with a strong slump in residential work, commercial projects lagged below residential projects from June 2012 until June 2013. Read the court decision
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ENR Northwest’s Top Contractors Survey Reveals Regional Uptick

June 25, 2019 — Scott Judy - Engineering News-Record
A year ago, the 25 contractors responding to ENR Northwest’s Top Contractors survey collectively reported roughly $6.4 billion in 2017 revenue from the states of Washington, Oregon and Alaska. This year, the 27 contractors listed below—in alphabetical order—reported more than $8.8 billion in regional revenue for 2018. Read the court decision
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Reprinted courtesy of Scott Judy, ENR
Mr. Judy may be contacted at judys@enr.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES