FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

One Stat About Bathrooms Explains Why You Can’t Find a House

June 10, 2015 — Patrick Clark – Bloomberg
Thirty-six percent. That’s the share of homes built in the U.S. last year that had three or more bathrooms, up from 26 percent in 2005, according to the U.S. Census Bureau. If you’re on the market for your first home, that statistic can help explain why you’re having a hard time finding something you can afford. In the years since the recession, builders have devoted their energy to “move-up” homes, which is what the industry calls houses that are too expensive for most first-time buyers. The result is clear from the bureau’s report on the characteristics of new housing, released on Monday: New homes have more bedrooms, bathrooms, and parking spaces. If you prefer a more conventional measure, the median square footage for new homes has increased 10 percent in the past decade. Read the court decision
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Reprinted courtesy of Patrick Clark, Bloomberg

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Insurers Need only Prove that Other Coverage Exists for Construction Defect Claims

August 27, 2013 — CDJ STAFF
Writing on the Sheppard Mullin web site, Scott Hennigh looks at the implications of the 2012 California case Axis Surplus Insurance. A condominium complex was covered by two insurance policies, covering different time periods. During a construction defect claim, one insurer argued that the claim was not covered. The other insurer settled and sued that both needed to contribute to the settlement. The court held that when multiple insurers are in conflict, the burden to prove that coverage does not exist lies solely on the party claiming it. Read the court decision
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Contractors: A Lesson on Being Friendly

April 06, 2016 — Garret Murai – California Construction Law Blog
I know. You’re just trying to be friendly. Don’t. Particularly when you’re a contractor bidding on a public works project. Those dinners at swanky restaurants, tickets to The Jersey Boys, and all expense paid trips to the Napa Valley have a way of appearing less “friendly” in hindsight, and more like bribery, or as they say, “pay to play.” In Sweetwater Union High School District v. Gilbane Building Company, California Court of Appeals for the Fourth District, Case No. D067383 (February 24, 2016), three contractors, Gilbane Building Company (“Gilbane”), The Seville Group, Inc. (“Seville”) and Gilbane/SGI Joint Venture (“Gilbane/SGI”) (collectively “Contractors”) were sued by the Sweetwater Union School District (“District”) to void their contracts with the District and for disgorgement of all monies paid to them under Government Code section 1090 after it was discovered that the Contractors had engaged in a “pay to play” scheme involving several officials of the District. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

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One World Trade Center Due to Be America’s Tallest and World’s Priciest

February 10, 2012 — CDJ STAFF

As One World Trade Center rises, so does the price tag. After construction delays and cost overruns, the cost of the building at the site of the September 11 attacks has risen to $3.8 billion. Part of the expense of the skyscraper is the heavily reinforced base of the building. The elevator shafts are also heavily reinforced, all part of guarding against future terrorist attacks.



In comparison, the world’s tallest tower, the Burj Khalifa in Dubai, cost only $1.5 billion, less than half the cost of One World Trade Center. As a result, the Port Authority does not see the building as being profitable in near future. In order to fund it, the agency is raising tolls on bridge and tunnel traffic.



Currently, about the half the unfinished building is leased. Construction is expected to conclude in 2013.

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Eleventh Circuit Upholds Coverage for Environmental Damage from Sewage, Concluding It is Not a “Pollutant”

May 24, 2018 — Lorelie S. Masters & Alexander D. Russo - Hunton Insurance Recovery Blog
On April 20, 2018, the Eleventh Circuit affirmed an Alabama district court decision finding that an “absolute pollution exclusion” did not bar coverage for environmental property damage and injuries from a sewage leak. Evanston Ins. Co. v. J&J Cable Constr., LLC, No. 17-11188, 2018 WL 1887459, (11th Cir. Apr. 20, 2018). J&J Cable was hired to install underground electrical conduit in a subdivision when it struck and broke the sewer pipe to two homes. As a result, sewage backed up into the homes causing property damage and personal injuries. The commercial general liability policy at issue contained an “absolute pollution exclusion,” which sought to bar coverage for “bodily injury” and “property damage” arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, release or escape of “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste.” The insurer relied on an earlier Alabama federal district court decision, which precluded coverage for liability from lead paint exposure, concluding that lead was a pollutant under a similar exclusion. The Eleventh Circuit disagreed, recognizing that insurance is a state law issue and opting instead to rely on binding state court precedent. The Eleventh Circuit, therefore, found that the decision in U.S. Fid. & Guar. Co. v. Armstrong, 479 So. 2d 1164 (Ala. 1985), by the state’s highest court, the Alabama Supreme Court, governed. That case made a distinction between industrial waste and residential sewage. Accordingly, the Eleventh Circuit found that the “absolute pollution exclusion” did not preclude coverage for liability for injuries caused by sewage. Reprinted courtesy of Lorelie S. Masters , Hunton Andrews Kurth and Alexander D. Russo , Hunton Andrews Kurth Ms. Masters  may be contacted at lmasters@HuntonAK.com Mr. Russo  may be contacted at arusso@huntonak.com Read the court decision
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Time To “Construct” New Social Media Policies

March 28, 2022 — Aaron C. Schlesinger, Lauren Rayner Davis & Jennifer Harris - ConsensusDocs
1. The Social Media Dilemma Social media has significantly impacted all facets of society, especially the way people communicate. Its impact and application to the construction industry is no different. TikTok, the video-sharing platform, is one of the world’s most popular platforms today, with over one billion active users monthly. From just one video, users can gain thousands—if not millions—of followers overnight. Social media has been used to present a narrative that the workplace can be fun, or that employees are enjoying working together. Social media can also, however, serve as a tool to document a perfect storm of events, such as a building collapse or crane malfunction, which can then be misconstrued and smeared throughout the internet, all with your company’s logo in the background. So, what happens when an incident on your jobsite is branded across social media as a #constructionfail, and the project owner ultimately initiates legal action? Can this video be used against your company? Can employers limit or otherwise restrict employees’ social media activity to avoid potential liability? How does the existence of social media posts affect dispute resolution procedures? Reprinted courtesy of Aaron C. Schlesinger, Peckar & Abramson, P.C. (ConsensusDocs), Lauren Rayner Davis, Peckar & Abramson, P.C. (ConsensusDocs) and Jennifer Harris, Peckar & Abramson, P.C. (ConsensusDocs) Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Ms. Davis may be contacted at ldavis@pecklaw.com Ms. Harris may be contacted at jharris@pecklaw.com Read the court decision
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California Contractor Tests the Bounds of Job Order Contracting

March 01, 2021 — Garret Murai - California Construction Law Blog
Most contractors have heard of design-bid-build, design-build, construction manager at risk, and even public private partnerships, various project delivery methods, which, at their heart, focus on balancing the interests of the various parties involved in a construction project, from owners, to design professionals, to contractors. There’s one project delivery method you may not be as familiar with though: Job Order Contracting, also known by its acronym JOC. JOC contracting is a project delivery method used on public works projects and has been authorized to be used by California K-12 school districts, community colleges, CalState universities, and the Judicial Council of California, which, among other things, is responsible for the construction of California state courts. It is intended to be used on smaller, independent, long-horizon project typically involving maintenance, repair and refurbishment. Think periodic maintenance of facilities. JOC contracts are administered by public entities issuing a request for proposals. The public entity then awards a JOC contract to the lowest responsible bidder. The lowest responsible bidder then enters into a JOC contract with the public entity. JOC contracts typically have a duration of one (1) year and are limited to a total construction value of $4.9 million increased annually based on the Consumer Price Index. When entering into a JOC contract, a JOC contractor agrees to perform work at prices set forth in a Construction Task Catalog also known as a unit price book which includes current local labor, material and equipment costs. Unit prices are then adjusted by a “bid adjustment factor” based on the JOC contractor’s bid. When work is needed, the public entity will then issue a job order to the JOC contractor. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union

December 11, 2013 — Heather Anderson — Higgins, Hopkins, McLain & Roswell, LLC.
In the last year, the U.S. District Court for the District of Colorado found that a settlement payment from an excess insurance carrier to another primary insurance carrier precluded a finding of vertical exhaustion sufficient to trigger the primary carrier’s duty to indemnify. See Scottsdale Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh, 2012 WL 6004087 (D. Colo. 2012). The Scottsdale case arose out of the construction of a 507-unit apartment complex in Arapahoe County, Colorado in which a number of defects became apparent during construction. As a result, the owner of the project sued the general contractor and/or the construction manager, seeking to recover more than $22 million for various construction deficiencies. Id. at *1. The general contractor was insured under policies issued by several carriers. Scottsdale Insurance Co. (“Scottsdale”) and National Union Fire Ins. Co. (“National Union) provided umbrella coverage, and CNA and American Zurich Ins. Co. (“Zurich”) provided primary insurance under commercial general liability policies. About five years later, the construction defect case settled for $8.5 million dollars. Read the court decision
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Reprinted courtesy of Heather Anderson
Heather Anderson can be contacted at anderson@hhmrlaw.com

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