Fairfield Connecticut Building Expert Directory

Following Pennsylvania Trend, Federal Court Finds No Coverage For Construction Defect

December 08, 2016 — Tred R. Eyerly – Insurance Law Hawaii
Bound by Pennsylvania law, the federal district court found there was no coverage for defects in the installation of a roof. State Farm Fire & Cas. Co. v. Kim's Asia Constr., 2016 U.S. Dist. LEXIS 138915 (E.D. Pa. Oct. 5, 2016). Kim's Asia Construction contracted to remove and dispose of Powerline Imports, Inc.'s roof, and then install a new roof. After completion of the project, Powerline sued, alleging that Kim's Asia's negligent construction of the roof caused the roof to leak, even in minor rain storms. Kim's Asia made additional repairs, but the leaks continued. Powerline had to hire a new contractor to remove and dispose of the roof and install another roof. Powerline then sued Kim's Asia. 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

Newmeyer & Dillion Welcomes Three Associates to Newport Beach Office

January 26, 2017 — Newmeyer & Dillion LLP
NEWPORT BEACH, Calif. – JANUARY 24, 2017 – Enjoying rapid expansion in many primary practice areas, Newmeyer & Dillion LLP is pleased to welcome new associates Jenny Guzman and Jason Moberly Caruso, and welcomes back Lily (Toubi) Razai to the Newport Beach office. The addition of these three associates fortifies the firm’s commitment to provide unparalleled service to our clients. Firm Managing Partner, Jeff Dennis, explained that each hire addresses the immediate and long-term needs of our clients, and firm's desire for strategic growth. "We always remain focused on what will allow us to better represent our clients, not just now but far into the future. We are excited to bring these three talented lawyers aboard as we continue to expand our capabilities across practice areas.” Guzman, Caruso and Razai each practice business and real estate litigation, with Razai’s practice including land use and eminent domain matters. Caruso also practices construction law and Guzman's practice also focuses on business and real estate transactions. Each attorney has unique strengths that continue to diversify the firm’s approach to their clients. In addition to serving clients in state and federal courts, Razai has extensive experience in alternative dispute resolution proceedings, and has served as a mediator in state courts. Awarded Super Lawyers 2016 Rising Star, Caruso utilizes his extensive judicial experience to argue on behalf of his clients at various levels from arbitration to the Ninth Circuit Court of Appeals. Guzman draws on her past experience in private equity and venture capital to protect businesses and help them achieve their full potential. These three associates, along with their diverse experience and cohesive strengths, further reinforce N&D’s foundation for continued growth and excellence. About Newmeyer & Dillion For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client’s needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949-854-7000 or visit www.ndlf.com. Read the court decision
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Withdrawal of an Admission in California May Shift Costs—Including Attorneys’ Fees—Incurred in Connection with the Withdrawal

January 24, 2018 — Tony Carucci – Real Estate Litigation Blog
Under California Code of Civil Procedure section 2033.300, a court may permit a party to withdraw an admission made in response to a request for admission upon noticed motion. The court may only do so, however, “if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party’s action or defense on the merits.” Cal. Code Civ. Proc. § 2033.300(b). The court may also “impose conditions on the granting of the motion that are just, including, but not limited to . . . (2) An order that the costs of any additional discovery be borne in whole or in part by the party withdrawing or amending the admission.” Cal. Code Civ. Proc. § 2033.300(c). Read the court decision
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Reprinted courtesy of Tony Carucci, Snell & Wilmer
Mr. Carucci may be contacted at acarucci@swlaw.com

Meet the Forum's Neutrals: TOM DUNN

October 21, 2024 — Marissa L. Downs - The Dispute Resolver
Company: Pierce Atwood LLP Office Location: Boston, MA Licensed in: Massachusetts, Rhode Island, California (inactive) Email: rtdunn@pierceatwood.com Website: https://www.pierceatwood.com/people/r-thomas-dunn Law School: McGeorge School of Law (2004 JD) Types of ADR services offered: Arbitration Affiliated ADR organizations: American Arbitration Association Geographic area served: Massachusetts, Rhode Island, and New England Q: Describe the path you took to becoming an ADR neutral. A: Arbitration and alternative forms to avoid and resolve disputes has interested me since law school. Serving as an arbitrator is rewarding both as a neutral helping people close out disputes, but also as an advocate as it reminds me about how best to communicate with the fact finder. Read the court decision
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Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP
Ms. Downs may be contacted at mdowns@lauriebrennan.com

Examination of the Product Does Not Stop a Pennsylvania Court From Applying the Malfunction Theory

June 28, 2021 — Gus Sara - The Subrogation Strategist
Pennsylvania recognizes the malfunction theory in product liability cases. This theory allows a plaintiff to circumstantially prove that a product is defective by showing evidence of a malfunction and eliminating abnormal use or reasonable, secondary causes for the malfunction. The malfunction theory is available to plaintiffs as an alternative to proving a traditional strict product liability case in those circumstances where direct evidence of a product defect is not found. In Pa. Nat’l Mut. Cas. Ins. Co. v. Sam’s East, Inc., 727 MDA 2020, 2021 Pa. Super. Unpub. LEXIS 752, the Superior Court of Pennsylvania (Superior Court) considered whether the plaintiffs could avail themselves to the malfunction theory if the plaintiffs’ expert was able to examine the product. The Sam’s East, Inc. case arose from a February 2015 fire at the residence of Gerald and Michelle Thompson (the Thompsons). The fire caused injuries to the Thompsons, as well as significant damage to their residence. Pennsylvania National Mutual Casualty Insurance Company (Insurer) provided homeowners insurance coverage for the property and made payments to the Thompsons as a result of the fire. Insurer retained a fire investigator to investigate the origin and cause of the fire. The fire investigator determined that the fire originated at an electric space heater that was purchased from defendant Sam’s East, Inc. (Sam’s East) in December 2011. Insurer and the Thompsons filed a lawsuit against Sam’s East in early 2017 for their respective damages. Read the court decision
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Reprinted courtesy of Gus Sara, White and Williams
Mr. Sara may be contacted at sarag@whiteandwilliams.com

EEOC Sues Whiting-Turner Over Black Worker Treatment at Tennessee Google Project

October 18, 2021 — James Leggate - Engineering News-Record
The Whiting-Turner Contracting Co., which ranks as one of the industry’s largest contractors, has been accused in a federal civil rights lawsuit of creating a racially hostile work environment at a Tennessee project site and of retaliating against employees who complained. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at https://www.enr.com/leggatej@enr.com Read the full story... Read the court decision
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Reminder About the Upcoming Mechanic’s Lien Form Change

August 26, 2019 — Christopher G. Hill - Construction Law Musings
As July 1, 2019 approaches with its inevitable changes to the Virginia Code, I wanted to remind you once again that the statutory form for a Virginia mechanic’s lien will change as of that date. HB2409 passed both houses of the General Assembly and has been signed by the Governor. This bill reconciled the language found in Virginia Code Sec. 43-4 with the various forms for general contractor, subcontractor and sub-subcontractor/supplier forms found in later sections of the code. As you will see if you download the .pdf of the bill as signed, this involved some tweaks to 43-4 and some updates to the mechanic’s lien forms that are in the code. The recent Desai case from the Virginia Supreme Court made it clear that such action was necessary. 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

Indemnity Clauses—What do they mean, and what should you be looking for?

May 07, 2015 — Craig Martin – Construction Contractor Advisor
It seems that every construction contract now-a-days, contains an indemnity clause. Contractors should be reviewing these indemnity clauses very carefully to understand the potential scope of an indemnity obligation and your opportunity to negotiate changes. What is an indemnity Clause? An indemnity clause transfers risk from one party to another. When a contractor signs an indemnity agreement, it is agreeing to pay for damages for which another party could be liable. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES