Fairfield Connecticut Building Expert Directory

Lien Release Bonds – Remove Liens, But Not All Liability

February 20, 2023 — Mia Hughes - ConsensusDocs
Lien Release Bonds – Remove Liens, But Not All Liability Among owners and contractors, payment and performance bonds are commonly used together in an effort to mitigate future risk against derivative subcontractor claims. But what happens when despite the effort to mitigate risk, a derivative claimant nevertheless files a mechanics’ lien on the owner’s real property? Not all hope is lost. There is another classification of bond, a “lien release bond”—also commonly referred to as an indemnity bond or a mechanics’ lien bond—which provides protections for real property after a mechanics’ lien has already been filed. The purpose of a lien release bond is to remove claims against the relevant real property. Notably, a lien release bond does not necessarily eliminate all liability of an owner or a general contractor. In number of states, an owner or a general contractor can be held personally liable for derivative claims despite a valid lien release bond. What is a Lien Release Bond? A lien release bond is a specific type of surety bond that removes an existing mechanics’ lien from an owner’s real property. In an effort to protect real property, an owner, or a general contractor, can obtain a lien release bond that will substitute or take the place of a mechanics’ lien. In the event a lien claimant files suit on the mechanics’ lien and seeks to collect on their claim, any proceeds recovered will come from the lien release bond rather than proceeds from the sale or foreclosure of the real property. The threat of mechanics’ liens is always present on a construction project— it is estimated that over 60,000 mechanics liens were filed in 2021 alone. Lien release bonds are an added layer of protection for an owner’s real property against a pending mechanics’ lien. Read the court decision
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Reprinted courtesy of Mia Hughes, Jones Walker LLP (ConsensusDocs)
Ms. Hughes may be contacted at mhughes@joneswalker.com

Baby Boomer Housing Deficit Coming?

October 29, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Builder magazine, a new study by Epcon Franchising and Metrostudy found that “10 metro areas are expected to have a significant housing gap for baby boomers.” Furthermore, “52 percent of new-home buyers will be over 55 in the next five years.” Builder listed the top 10 markets that are expected to have a baby boomer housing deficit. The top three are Dallas-Fort Worth, Houston, and the District of Columbia. Read the court decision
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Multiple Occurrences Found For Claims Against Supplier of Asbestos Products

May 07, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The federal district court found that various claims for bodily injury against a supplier of asbestos products arose from multiple occurrences, increasing indemnity amounts available under the policy. Westfield Ins. Co. v. Continental Ins. Co., 2015 U.S. Dist. LEXIS 45437 (N.D. Ohio April 7, 2015). Mahoning Valley Supply Company (MVS) was sued by numerous claimants who alleged that they had been injured by asbestos-containing products manufactured by third parties, but supplied by MVS. The claimants alleged exposure to asbestos fibers at a variety of job sites, on numerous dates, and under a variety of conditions. Two insurers shared defense and indemnity costs. In 2013, Continental informed MVS that the three policies issued to MVS were nearly exhausted. Therefore, the parties disputed whether MVS' asbestos claims arose out of a single "occurrence" rather than multiple occurrences. The policies defined "occurrence" as "an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured." 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

No Rest for the Weary: Project Completion Is the Beginning of Litigation

June 18, 2019 — Albert Li & Bob Fitzsimmons - Construction Executive
In today’s environment, most construction projects end up in some form of litigation. Construction is full-time employment for lawyers – from contract negotiation to project management, lien and payment issues. Years after project completion, a company still can face construction defect litigation and be served with a Notice of Opportunity to Repair, which in most states is now codified into statute. This is the beginning of what most likely will become a lawsuit, involving many of the subcontractors. Watch Out for the Construction Contract Blame Game The first phase of post construction litigation involves the review of contract and insurance policy language in an attempt to transfer responsibility in the litigation to other parties. Before construction began, contract negotiation focused on budget and timeline. In the post-construction phase, two less noticed provisions of the contract are critical – indemnity and insurance. Reprinted courtesy of Albert Li & Bob Fitzsimmons, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Fitzsimmons may be contacted at rfitzsimmons@rumberger.com Mr. Li may be contacted at ali@rumberger.com Read the court decision
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U.K. to Set Out Plan for Fire-Risk Apartment Cladding Crisis

March 01, 2021 — Emily Ashton & Olivia Konotey-Ahulu - Bloomberg
The U.K. government will set out its plans for stripping cladding from potentially unsafe apartment blocks, more than three years after a fire at London’s Grenfell Tower killed 72 people. Reports suggest Housing Secretary Robert Jenrick will set out a package of measures amounting to billions of pounds when he makes a statement to the House of Commons on Wednesday. Ministers announced a 1.6 billion pound ($2.2 billion) “safety fund” to remove dangerous cladding last year but Jenrick is expected to announce additional support on top of this. The price for the repairs could be as high as 15 billion pounds, according to a parliamentary committee last June. Reprinted courtesy of Emily Ashton, Bloomberg and Olivia Konotey-Ahulu, Bloomberg Read the court decision
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25 Years of West Coast Casualty’s Construction Defect Seminar

May 03, 2018 — Beverley BevenFlorez-CDJ STAFF
For a quarter of a century, West Coast Casualty’s Construction Defect Seminar has been a professional development staple of the construction defect industry. It’s the place where experts, attorneys, mediators, insurance agents, and other industry leaders have gathered to discuss current happenings, take continuing education credits, network with other industry members, and to connect with others. Celebrating its silver anniversary, this year’s seminar continues to be the construction defect community’s must-go-to event. On May 16th-18th, the seminar will return to the Disneyland Hotel. This issue of Construction Defect Journal will provide you with information about what’s happening in and around the West Coast Casualty Seminar and to commemorate the past. We hope to see you at this year’s West Coast Casualty’s Construction Defect Seminar. Enjoy! Read the court decision
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Legal Fallout Begins Over Delayed Edmonton Bridges

June 22, 2016 — Scott Van Voorhis - Engineering News-Record
The project teams for Edmonton’s two problem bridge-replacement projects have put most of their woes behind them—if trips to civil court and possible late-completion penalties are excluded. Read the court decision
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Reprinted courtesy of Scott Van Voorhis, Engineering News-Record
ENR may be contacted with questions or comments at ENR.com@bnpmedia.com

Rich NYC Suburbs Fight Housing Plan They Say Will ‘Destroy’ Them

May 15, 2023 — Laura Nahmias & Skylar Woodhouse - Bloomberg
One town calls it a “power grab” that “will force Long Island to become the sixth borough of New York City.” Another warns it will “destroy” life as they know it. A third calls it “radical, unprecedented and a drastic departure” from how localities have governed themselves for decades. Across the state, but especially around the wealthy suburbs of New York City and Long Island, politicians and residents are sounding the alarm about Governor Kathy Hochul’s plan to address a housing crisis. To some policy experts and supporters, it’s the most politically ambitious program of its type in years, a rare act of courage in Albany, where incrementalism is king. Others see it as the policy equivalent of an extinction-level event and a bizarrely self-defeating move from a governor who risks permanently alienating the suburban voters she’ll need to win reelection in three years. Reprinted courtesy of Laura Nahmias, Bloomberg and Skylar Woodhouse, Bloomberg Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES