Fairfield Connecticut Building Expert Directory

Mediation Clause Can Stay a Miller Act Claim, Just Not Forever

July 11, 2021 — Christopher G. Hill - Construction Law Musings
It seems to be Miller Act time here at Construction Law Musings, not to mention in the Federal District Courts here in Virginia. Last week I discussed what sort of work can form the basis for a Miller Act claim. This week I am discussing the effect of a mandatory mediation contract clause on the same type of claim. I have discussed both the benefits and the possible negative consequences of the inclusion of such a clause in your construction contract. The recent case out of the Norfolk, Virginia Federal District Court recently explored the related question of whether such a clause can be enforced in the context of a Miller Act claim. In United States of America, for the use of Precision Air Conditioning of Brevard Inc. v. Cincinnati Insurance Company, the Court was confronted with a possible conflict between the legal requirement that any waiver of the right to pursue a Miller Act claim must be explicitly waived in writing and the clear contractual language between the general contractor and the plaintiff stating that mediation was a condition precedent to suit. 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

CRH to Buy Building-Products Firm Laurence for $1.3 Billion

September 03, 2015 — Phil Serafino & Andrew Marc Noel – Bloomberg
CRH Plc agreed to buy Los Angeles-based C.R. Laurence Co. for $1.3 billion to expand in products used in window installation as U.S. construction markets stabilize. C.R. Laurence, which is owned by the Friese family, makes hardware and products used in the installation of architectural glass and generated pretax profit of $51 million in 2014, Dublin-based CRH said in a statement Thursday. CRH shares rose 4.9 percent to 25.79 euros as of 8:56 a.m. in Dublin, giving the company a market value of 21.2 billion euros ($24 billion). The purchase is timed with a recovery in U.S. construction markets, driven by demand for industrial buildings. CRH reported a "promising backlog" of business at its Americas Materials division in May. Combining the companies will generate $40 million a year in savings from 2017, it said. Reprinted courtesy of Phil Serafino, Bloomberg and Andrew Marc Noel, Bloomberg Read the court decision
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Policy Renewals: Has Your Insurer Been Naughty or Nice?

December 26, 2022 — Latosha M. Ellis & Jae Lynn Huckaba - Hunton insurance Recovery Blog
A review of insurance policies at renewal should be on every business’s annual task list—and it should be checked twice! Just as your business grows and evolves every year, so should your insurance program. Together with staying proactive and preparing for renewal months before the policy expiration, there are a number of best practices to put your business in the best position to maximize insurance recovery, including shopping around, evaluating changes to your business, engaging the appropriate stakeholders, and performing a policy audit with a coverage attorney. Shop Around An early start to the renewal process allows for thorough decision-making and more time to engage in negotiations with the insurer. Even if the preference is to stay with the existing insurer, shopping around creates some buying power within the negotiation process. Evaluate Operational or Business Practice Changes Risk control and mitigation have a direct impact on your premiums and availability of coverage. Assess any changes in the business’s exposure to risk and make any necessary insurance coverage adjustments. Reprinted courtesy of Latosha M. Ellis, Hunton Andrews Kurth and Jae Lynn Huckaba, Hunton Andrews Kurth Ms. Ellis may be contacted at lellis@HuntonAK.com Ms. Huckaba may be contacted at jhuckaba@HuntonAK.com Read the court decision
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Bar to Raise on Green Standard

November 07, 2012 — CDJ STAFF
Next June, members of the U.S. Green Building Council will be voting on changes to the LEED green building standard. “The bar is getting raised,” said Navad Malin of BuildingGreen, a consulting and publishing firm, in an article in USA Today. Under the proposed guidelines, builders would have to project energy and water use for five years as part of the certification process. However, if the occupants aren’t as green as the builders anticipated, the buildings will not lose their certification. The new rules will include higher energy standards, award points for avoiding potentially hazardous materials, and even determine what kind of plumbing items can be used. Read the court decision
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Insured Survives Motion for Summary Judgment in Collapse Case

May 30, 2022 — Tred R. Eyerly - Insurance Law Hawaii
The insurer's motion to exclude expert testimony and for summary judgment in a cases involving collapse was denied. Firehouse Church Ministries v. Church Mut. Ins. Co., 2022 U.S. Dist. LEXIS 53959 (D. Miss. March 25, 2022). A roof truss, a framework supporting the roof, collapsed in the church. The cause was either deterioration over time or a nearby tornado. The Church claimed that before the tornado passed, the church was clean and in orderly condition. When inspected after the tornado, there was debris and wreckage, including tin, insulation dust, plaster, and ceiling tile, on the floor. The Church had a contractor, Gregory Blanchard, inspect. He added posts to support the truss and made other repairs, but informed the Church that the damage was worse than expected and it could not be easily repaired. 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

2019’s Biggest Labor and Employment Moves Affecting Construction

January 27, 2020 — Micah Dawson - Construction Executive
The construction industry is fueled by change, which is the only constant in life and construction. Still, continuous change makes compliance with state and federal laws and regulations more difficult. While contractors may thrive on the frantic pace, sometimes it is good to look back and ensure they have an understanding of, and are complying with, the newest regulations and laws. Top 10 Stories Dominating Employment Law in Construction 1. Trio of Federal Joint Employment Rules Expected in December 2019 Joint employment took center stage during the November 20, 2019 release of the Fall Regulatory Agenda, as three separate federal agencies announced plans to move forward with revised joint employment rules in December. While the Department of Labor and the National Labor Relations Board had already released versions of their draft rules, the Equal Employment Opportunity Commission also announced that it would weigh in on the topic before the end of 2019. As of January 10, 2020, the EEOC had not done so. 2. NLRB Tightens Union Access to Employer Property In a ruling that levels the labor relations playing field, the NLRB ruled that employers could rightfully eject outside union representatives soliciting petition signatures from a shared shopping center parking area. When read in conjunction with an earlier 2019 decision conferring greater rights to limit on-premises union activity by abolishing the “public space” exception, the NLRB has significantly restricted union access to private employer property. Reprinted courtesy of Micah Dawson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Dawson may be contacted at mdawson@fisherphillips.com

Cyber Thieves Phish Away a $735K Payment to a Minnesota Contractor

May 06, 2024 — Richard Korman - Engineering News-Record
The contractor's project manager asked for money due, $735,000 under Payment Application 13, to be sent by the owner electronically. "Hi Rick," the project manager, whose first name is Jalen, wrote in an email dated Aug. 15. "Can we have payments remitted electronically as we currently have numerous uncleared checks on hold?" Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
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A Networked World of Buildings

November 21, 2022 — Pieter Pauwels - AEC Business
Buildings are living things. Buildings change shape every day and every minute. They are used by plenty of people, endlessly. Buildings shape our context and environment, and they impact our well-being to a large extent. Buildings constantly change their behavior under the influence of external conditions and occupants. We have an interest in engineering these buildings and making them as comfortable and pleasant as possible. Instead of treating buildings as static monuments that happen to be in our environment, it makes sense to treat them as living things that change incessantly, with streams of people, streams of materials and goods, and as ever-changing ecosystems of living beings. And so, we must engineer the knowledge and information of our buildings! We need to provide our buildings with a set of brains, brains that evolve and continuously track the state of the facility and all of its internals: systems, materials, demountable elements, furniture, and people. The brains hold a snapshot of the building at any moment and allow us to ensure that this living building responds in a useful and likable manner (comfort). And this needs efforts from us human beings, and not only from ‘the AI.’ Read the court decision
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Reprinted courtesy of Pieter Pauwels, AEC Business
Mr. Pauwels may be contacted at p.pauwels@tue.nl

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