Fairfield Connecticut Building Expert Directory

Bad News for Buyers: U.S. Mortgage Rates Hit Highest Since 2014

February 22, 2018 — Prashant Gopal – Bloomberg
Shanne Sleder, a San Diego mortgage banker, recently had to break the bad news to some would-be homebuyers: Borrowing costs jumped about 6 percent since he pre-approved them a couple months ago. Read the court decision
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Reprinted courtesy of Prashant Gopal, Bloomberg

Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

March 19, 2015 — Christopher G. Hill – Construction Law Musings
As I posted recently, the Virginia General Assembly has passed, and I can see no reason why the governor won’t sign, a bill that would essentially invalidate preemptive contractual waivers of lien rights as they relate to subcontractors and material suppliers. It does not apply to General Contractors, but it is a step in what many (including those attorneys that represent subcontractors and suppliers) believe is the right direction. Of course, as soon as I posted last week, my friend and colleague Scott Wolfe (@scottwolfejr) commented on that post and then gave his two cents worth at his Zlien blog. The gist of the comments here at Musings and the post over at his blog was essentially that these contractual provisions were inherently unfair and therefore should be abolished because of both a relative disparity in leverage between the Owner or GC and the Subcontractor when it comes to negotiations and the fact that subcontractors often don’t read their contracts or discuss them with a construction attorney prior to signing them. I hear this first of his arguments often when I am reviewing a contract after the fact and a client or potential client acts surprised that a provision will be enforced and the courts of the Commonwealth of Virginia will actually enforce them. As to Scott’s second reason, I have always warned here at Musings that you should read your contracts carefully because they will be the law of your business relationship in the future. The first of his two points is more interesting and in some ways more easily supported. However, where we are speaking of contracts between businesses where both sides are bound by the terms of the contract, it begs the question of whether in seeking to make contracts more “fair” we could add a layer of uncertainty that could cause more problems than it solves. Do we really want courts stepping in after the fact to renegotiate the terms of a deal that was struck months or possibly years before because one judge believes that the deal was too one sided? Do we really need such “Monday morning quarterbacking?” Is one person’s idea of “fair” better than another’s when both parties to the contract had the full ability to read, negotiate and possibly reject the deal long ago? Personally, I think that the answer to these questions is, in all but the most egregious cases or where the legislatures have stepped in adding certainty (whether to the good or bad), “No.” Read the court decision
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Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
Mr. Hill may be contacted at chrisghill@constructionlawva.com

More Musings on Why I Mediate

November 18, 2024 — Christopher G. Hill - Construction Law Musings
Whew! I’m back. And yes, I know it’s been a while (it has been a busy year, both personally and professionally). Hopefully, this will be the first of at least a few more consistent posts here at Construction Law Musings. Now, on with the post: Over the last few weeks, I’ve had a surge in mediation, both in my capacity as a mediator and as counsel for construction industry clients. These recent events have reaffirmed what I have always believed to be true, namely that no construction case is impossible to settle and avoid the cost and expense of litigation. I was also reminded of why I became a certified mediator and of the satisfaction that I get from helping individuals and construction companies find a business solution and closure. 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

White and Williams Earns National "Best Law Firm" Rankings from US News

November 02, 2017 — White and Williams LLP
White and Williams has achieved national recognition from US News and World Report as a "Best Law Firm" in the practice areas of Insurance Law and Media Law. Our Philadelphia, Boston, and New York offices have also been recognized in their respective metropolitan regions in several practice areas. Firms included in the “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal experience. National Tier 1 Insurance Law National Tier 3 Media Law Metropolitan Tier 1 Boston Insurance Law Product Liability Litigation - Defendants Philadelphia Personal Injury Litigation - Defendants Real Estate Law Tax Law Metropolitan Tier 2 Philadelphia Appellate Practice Commercial Litigation Construction Law First Amendment Law Insurance Law Legal Malpractice Law- Defendants Media Law Trust & Estates Law Metropolitan Tier 3 New York City Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization Law Philadelphia Patent Law Read the court decision
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COVID-19 Damages and Time Recovery: Contract Checklist and Analysis

April 27, 2020 — Patrick J. Greene, Jr. - Peckar & Abramson
This Alert explores the contract provisions and related rights that are likely to govern time and compensation adjustments for COVID-19 impacts. As parties begin analyzing such rights, this is intended to serve as a useful guide and checklist. Analysis of relevant contract provisions should start with careful consideration of the specific impacts that have been experienced and the causes of those impacts. The nature of the impact (delay, extra work, disruption, etc.) and the causes of such impacts (owner direction, government order, etc.) will generally govern the analysis and resulting course of action. Listing or creating a matrix of impacts and their causes may be an effective working tool. Essentially, there are five primary impacts that will likely require critical analysis under the relevant contract provisions, and notably, more than one impact may be present: a) complete or partial suspension of work, b) additional work or requirements, c) added cost, d) delay, and e) disruption. Read the court decision
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Reprinted courtesy of Patrick J. Greene, Jr., Peckar & Abramson
Mr. Greene may be contacted at pgreene@pecklaw.com

Mechanics Lien Release Bond – What Happens Now? What exactly is a Mechanics Lien and Why Might it Need to be Released?

January 04, 2021 — William L. Porter - Porter Law Group
Mechanics Lien Release Bond – What Happens Now? What exactly is a Mechanics Lien and Why Might it Need to be Released? California law entitles unpaid contractors, subcontractors, and material suppliers to record a mechanics lien on property where they performed work or supplied materials. The mechanics lien attaches to the real property as a legal interest and secures the right to payment for the work performed and materials supplied. If payment is not forthcoming the mechanics lien allows the property where the work was performed and materials supplied to be sold under court order to satisfy the debt. It is a powerful remedy against owners and their agents who do not pay for work performed and materials supplied to improve the owner’s property. A Mechanics Lien Release Bond Frees Property from a Mechanics Lien Owners typically do not wish to have their property sold out from under them. Fortunately for owners, there is a method by which a mechanics lien can be substituted for another interest and sale of the property thereby avoided. This method is through the use of a mechanics lien release bond. California Civil Code §8424 allows a property owner or contractor effected by a mechanics lien to record a mechanics lien release bond equal to 125 percent of the lien amount with the County Recorder where the mechanics lien has been recorded. The effect of this is to substitute the mechanics lien release bond for the mechanics lien itself, thereby relieving the property from the possibility of that property being sold to satisfy the debt. Instead, any payment made will come from the release bond. 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

Flood Policy Does Not Cover Debris Removal from Property

May 07, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The Third Circuit affirmed the granting summary judgment to the insurer over a dispute as to debris removal under a Standard Flood Insurance Policy (SFIP). Torre v. Liberty Mut. Fire Ins. Co., 2015 U.S. App. LEXIS 4902 (3rd Cir. March 26, 2015). The Torres' property sustained substantial damage from Hurricane Sandy. Claims for flood damage were submitted to Liberty. Liberty paid a total of $235,751.68, which included the cost of removing debris from the house. An additional $15,520 for the cost of removing sand and other debris deposited on their land in front of and behind the Torres' home was denied on the grounds that the SFIP did not cover such removal. The Torres filed suit and cross-motions for summary judgment were filed. The district court denied the Torres' motion and granted Liberty's motion. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Construction Law Client Alert: California Is One Step Closer to Prohibiting Type I Indemnity Agreements In Private Commercial Projects

June 15, 2011 — Haight Brown & Bonesteel, LLP

On June 1, 2011 by majority vote, the California Senate passed Senate Bill 474, which would amend Civil Code section 2782, and add Civil Code section 2782.05. The passage of this new law is a critical development for real estate developers, general contractors and subcontractors because it will affect how these projects are insured and how disputes are resolved.

Civil Code section 2782 was amended in 2007 to prohibit Type I indemnity agreements for residential projects only. Since 2007, various trade associations and labor unions have lobbied to expand those very same restrictions to other projects. These new provisions apply to contracts, entered into after January 1, 2013, that are not for residential projects, and that are not executed by a public entity. The revisions provide that any provision in a contract purporting to indemnify, hold harmless, and defend another for their negligence or other fault is against public policy and void. These provisions cannot be waived.

A provision in a contract requiring additional insured coverage is also void and unenforceable to the extent it would be prohibited under the new law. Moreover, the new law does not apply to wrap-up insurance policies or programs, or a cause of action for breach of contract or warranty that exists independently of the indemnity obligation.

The practical impact of this new law is that greater participation in wrap-up insurance programs will likely result. While many wrap-up programs suffer from problems such as insufficient limits, and disputes about funding the self-insured retention, the incentive for the developer or general contractor to utilize wrap-up insurance will be greater than ever before because they will no longer be able to spread the risk of the litigation to the trades and the trade carriers.

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Reprinted courtesy of Steve Cvitanovic of Haight Brown & Bonesteel, LLP.

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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES