Fairfield Connecticut Building Expert Directory

District Court of Missouri Limits Whining About the Scope of Waiver of Subrogation Clauses in Wine Storage Agreements

May 01, 2019 — Gus Sara - The Subrogation Strategist
In Netherlands Ins. Co. v. Cellar Advisors, LLC, 2019 U.S. Dist. Lexis 10655 (E.D. Mo.), the United States District Court for the Eastern District of Missouri considered the scope of a waiver of subrogation clause in two wine storage agreements. The court held that the subrogation waivers were limited in scope and, potentially, did not apply to the damages alleged in the pleadings. This case establishes that, in Missouri, waivers of subrogation are narrowly construed and cannot be enforced beyond the scope of the specific context in which they appear. In 2005, Krista and Reid Buerger (the Buergers) contracted Marc Lazar (Lazar) to assist with purchasing, transporting and storing their wine. In 2006, the Buergers entered into a contract with Lazar’s company, Domaine StL, for the storage of their wine in St. Louis. In 2012, the Buergers contracted with Lazar’s other company, Domaine NY, for storage of their wine in New Jersey. The 2006 and 2012 contracts included subrogation waivers. Pursuant to the contracts, Lazar and the Domaine companies (collectively, Defendants) would buy wine for the Buergers by either using the Buergers’ credit card or invoicing them after a purchase. Read the court decision
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Reprinted courtesy of Gus Sara, White and Williams LLP
Mr. Sara may be contacted at sarag@whiteandwilliams.com

Reminder: Your Accounting and Other Records Matter

July 30, 2015 — Christopher G. Hill – Construction Law Musings
Recently, I’ve posted on mechanic’s lien changes, mediation and other more “legal” topics here at Construction Law Musings. Today’s post is a practical one and one that will help your friendly neighborhood construction attorney greatly should a dispute arise. The tip for this week? Keep clean accounting and other records by construction job and in an organized fashion. This tip seems like a simple one, but I run into situations where the accounting on jobs, contracts, invoices and other key documents for a project are either missing or haphazardly kept. In the best of these cases, I have to spend additional time (read attorney fees) to attempt a recreation of the job costs and flow of the project. In the worst, I have had to either release or avoid filing what could have been a valid mechanic’s lien because timing could not be determined from the records. I also thank my friend Craig Martin for another unfortunate horror story of poor accounting that should be a warning to us all. 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

To Arbitrate or Not to Arbitrate? That is the Question

April 28, 2016 — Garret Murai – California Construction Law Blog
It’s been the fodder of debate of philosophers, academics and the rest of us for ages:

Do we have free will or are our actions predetermined and the result of preceding events?
Are human beings fundamentally selfless or self preserving?
Coca-Cola or Pepsi?
iOs or android?

And for litigators and their clients, including us construction lawyers, arbitration or litigation? Or, in short, if a project goes sideways, in what forum will you resolve your dispute? It’s an important question the answer to which could mean the difference between winning or losing. 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

DHS Awards Contracts for Border Wall Prototypes

September 20, 2017 — Engineering News-Record
The Dept. of Homeland Security has awarded eight contracts to companies to develop prototypes for the Trump administration’s proposed wall along sections of the nearly 2,000-mile U.S.-Mexico border. The contracts are divided evenly between concrete and nonconcrete options. DHS’s Customs and Border Protection agency didn’t specify what sort of materials would be used in the nonconcrete barriers. Read the court decision
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Reprinted courtesy of Engineering News-Record
ENR staff may be contacted at ENR.com@bnpmedia.com

No Coverage Under Anti-Concurrent Causation Clause

October 02, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The policy's anti-concurrent causation clause blocked coverage for damage to the home caused by wind and flood. Clarke v. Travco Ins. Co., 2015 U.S. Dist. LEXIS 104267 (S.D.N.Y. Aug. 7, 2015). The insured's home was located about twenty feet from the Hudson River. Hurricane Sandy caused the river to rise, creating damage to the insured's home. The insured did not have flood insurance. During the storm, water flooded the lower level of the house to a level of about four feet. Further, a wooden dock from another property, approximately fifteen feet by ten feet, entered the property and came to rest within the lower level. The insured submitted a claim under his homeowner's policy to Travco Insurance Company. An investigator concluded that the cause of damage to the home was flood/water. The claim was denied. 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 Robots 2023

May 08, 2023 — Aarni Heiskanen - AEC Business
Here’s AEC Business’s catalog of construction robotics companies. About Construction Robotics Construction robots have been around since the 1960s. In the 1970s and 1980s, Japanese companies such as the Shimizu Corporation, Obayashi Corporation, and Takenaka Corporation created robots and remote-controlled machines for excavating, material handling, concrete placing, finishing, fireproofing, earthworks, rebar placing, and other construction tasks. However, the overall robotization of the industry has been slow. The rapid development of artificial intelligence and machine learning has changed the robotic scene. Robotic hardware is also becoming affordable. Coupled with the poor availability of professional construction workers and the urge to industrialize construction, the use of robots will inevitably increase in the coming years. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Antidiscrimination Clause Required in Public Works and Goods and Services Contracts –Effective January 1, 2024

January 22, 2024 — Travis Colburn - Ahlers Cressman & Sleight
In July 2023, the Washington legislature passed Senate Bill 5186, which mandates inclusion of select antidiscrimination clauses in every state contract and subcontract for public works, goods, or services executed after January 1, 2024.[i] RCW 49.60.530(3) codifies the now-required antidiscrimination clauses, which prohibit four categories of discrimination against any person because of age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability (the “Protected Class”). Under the new law, public contractors and subcontractors (“Public Contractor”) may not refuse to hire a person because that person is a member of the Protected Class, unless that refusal is based upon a bona fide occupational qualification or if a person with a particular disability would be prevented from properly performing the particular work involved.[ii] Similarly, Public Contractors may not discharge or bar a person from employment or discriminate against any person – either in terms of compensation or other terms and conditions of employment – because that person is a member of the Protected Class.[iii] Last, Public Contractors may not print or circulate (or cause to be printed or circulated) any statement, advertisement, publication, form of application for employment, or make inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to the Protected Class.[iv] Read the court decision
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Reprinted courtesy of Travis Colburn, Ahlers Cressman & Sleight
Mr. Colburn may be contacted at travis.colburn@acslawyers.com

Client Alert: California’s Unfair Competition Law (B&P §17200) Preempted by Federal Workplace Safety Law

September 24, 2014 — R. Bryan Martin, Yvette Davis, & Kristian Moriarty - Haight Brown & Bonesteel LLP
In Solus Industrial Innovations LLC v. Superior Court (No. G047661, filed 9/22/2014) (“Solus”) the California Court of Appeal, Fourth Appellate District, held California’s Unfair Competition Law (Business & Professions Code §17200) is preempted by the federal Occupational Safety and Health Act of 1970 (“Fed/OSHA”) because the Unfair Competition law, as approved by the United States Secretary of Labor, does not include any provision for civil enforcement of workplace safety standards by a state prosecutor through a complaint for penalties. Solus Industrial Innovations, LLC (“Solus”) is a plastics manufacturer. In 2007, Solus installed a residential water heater at its commercial facility in Orange County. The water heater exploded in March 2009, killing two workers. California’s Division of Occupational Safety and Health (“Cal/OSHA”) investigated and determined the explosion was caused by a failed safety valve and lack of any proper safety feature on the water heater. Cal/OSHA charged Solus with five violations of Title 8 of the California Code of Regulations. Because deaths were involved, Cal/OSHA forwarded the results of its investigation to the Orange County District Attorney. In March 2012, the Orange County District Attorney filed criminal charges against Solus’ plant manager and maintenance supervisor. The District Attorney also filed a civil action against Solus, including two causes of action for violation of California Business & Professions Code §17200 – the Unfair Competition Law (“UCL”). The action sought civil penalties under the UCL in the amount of $2,500 per day, per employee, from November 29, 2007 through March 19, 2009. Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys R. Bryan Martin, Yvette Davis and Kristian Moriarty Mr. Martin may be contacted at bmartin@hbblaw.com Ms. Davis may be contacted at ydavis@hbblaw.com Mr. Moriarty may be contacted at kmoriarty@hbblaw.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES