Fairfield Connecticut Building Expert Directory

Top 10 OSHA Violations For The Construction Industry In 2023

February 26, 2024 — Dominic Donato & Jeff Miragliotta - Kahana Feld
Every year, the Occupational Safety and Health Administration (OSHA) publishes their top violations in the construction industry. And typically, the most common violations are consistent year after year. What separates 2023 is the number of citations involving Fall Protection, Scaffolding, Ladders, and the failure to use personal protective equipment (PPE) or other life safety equipment (LSE). The following is the list of the Top Ten OSHA violations for 2023: (10) Toxic and Hazardous Substances. There were 382 citations issued for “hazardous communication” and improper warnings issued to construction employees. (9) Excavations. There were 395 citations issued for failure to provide proper and specific excavation requirements and instructions. (8) Scaffolding – Aerial Lifts. There were 481 citations issued for improper lifting equipment and supports for building scaffolding. Reprinted courtesy of Dominic Donato, Kahana Feld and Jeff Miragliotta, Kahana Feld Mr. Donato may be contacted at ddonato@kahanafeld.com Mr. Miragliotta may be contacted at jmiragliotta@kahanafeld.com Read the court decision
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Cultivating a Company Culture Committed to Safety, Mentorship and Education

March 19, 2024 — David Frazier - Construction Executive
The construction industry is aging. Valuing the significance of promoting a culture that enhances safety, mentorship and educational opportunities is essential to recruiting and retaining top talent to keep the industry thriving. According to the U.S. Department of Labor, one in five worker deaths in the U.S. occurs in the construction industry. Additionally, construction workers are statistically at a higher risk for mental-health issues than virtually every other profession. According to a study conducted by CIRP, 83% of construction workers have struggled with mental-health disorders. Today’s leaders must be dedicated to listening to employees' voices to shape the construction industry, as future leaders will be formed by a culture committed to employees' mental and physical health, safety, professional growth and overall workplace culture. Reprinted courtesy of David Frazier, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Hunton’s Alice Weeks Selected to the Miami Dade Bar’s Circle of Excellence for Insurance Litigation

April 25, 2023 — Hunton Insurance Recovery Blog
Congratulations to Alice Weeks, an associate on Hunton Andrews Kurth’s insurance coverage team, for being selected to the Miami Dade Bar’s Circle of Excellence for Insurance Litigation. The Circle of Excellence award is awarded to peer-selected attorneys in their area of practice. Alice was selected from among many highly qualified nominees and was recognized at the Miami Dade Bar’s Judicial Reception. Alice is a past board member of the Miami Dade Bar YLS, as well as past-editor of the Miami Dade Bar’s newsletter, the Bulletin. Alice’s Circle of Excellence selection follows her recent selection to the Cystic Fibrosis Foundation’s 40 Under 40 Outstanding Young Professionals of South Florida and her receipt of the Miami Dade Bar’s 40 Under 40 Award. Read the court decision
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Reprinted courtesy of Hunton Andrews Kurth LLP

Flexible Seattle Off-Ramp Would Retain Shape in Quake

November 23, 2016 — Tim Newcomb – Engineering News-Record
Moving from the lab to the field, a highway off-ramp bridge under construction in Seattle features memory-retaining metal rods and bendable concrete designed to provide the structure with flexibility sufficient to withstand a major seismic event. Read the court decision
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Reprinted courtesy of Tim Newcomb, Engineering News-Record
Engineering News-Record may be contacted at ENR.com@bnpmedia.com

Understanding Liability Insurer’s Two Duties: To Defend and to Indemnify

December 26, 2022 — David Adelstein - Florida Construction Legal Updates
A liability insurer has two duties that are the crux of a liability policy: the duty to defend the insured in legal actions and the duty to indemnify the insured from losses covered under the policy. Many times, policyholders (insureds) do not fully understand or appreciate these two important duties. They need to and this is why having private counsel assist with coverage-related considerations is an absolute must. An insurers’ duty to defend is separate from its duty to indemnify. A recent opinion out of the Middle District of Florida in Progressive Express Ins. Co. v. Tate Transport Corp., 2022 WL 16963815 (M.D.Fla. 2022) clarifies the distinction between these duties with a focus on an insurer’s initial duty — the duty to defend. Please read below so you can have more of an appreciation of these duties. The court does a good job discussing Florida law with the emphasis on when an insurer’s initial duty to defend kicks-in: Duty to Defend Under Florida law, “an insurer’s duty to defend its insured against a legal action arises when the complaint alleges facts that fairly and potentially bring the suit within policy coverage.” The duty to defend is a broad one, broader than the duty to indemnify, and “[t]he merits of the underlying suit are irrelevant.” We determine whether an insurer has a duty to defend its insured based only on “the eight corners of the complaint and the policy,” and only as the complaint’s alleged facts are “fairly read[.]” The “facts” we consider in evaluating the duty to defend come solely from the complaint, regardless of the actual facts of the case and regardless of any later developed and contradictory factual record. “Any doubts regarding Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Senate’s Fannie Mae Wind-Down Plan Faces High Hurdles

March 19, 2014 — Clea Benson, Cheyenne Hopkins and Kathleen Hunter – Bloomberg
A bipartisan U.S. Senate plan to dismantle Fannie Mae (FNMA) and Freddie Mac must clear many political hurdles in a short time if it is to become law, leaving narrow chances of a housing-finance overhaul being enacted this year. Senate Banking Committee leaders said the proposal, which they plan to release later this week, would replace the two U.S.-owned mortgage financiers with government bond insurance that would kick in only after private capital suffered severe losses. It will be left to the courts to decide how investors in Fannie Mae and Freddie Mac are treated as the two companies are wound down, Mike Crapo, an Idaho Republican who co-wrote the bill, said today in an interview on Bloomberg Television. Investors including Perry Capital and Fairholme Capital Management are suing the U.S. to challenge an arrangement in which all the companies’ profits go to the Treasury. Ms. Benson may be contacted at cbenson20@bloomberg.net; Ms. Hunter may be contacted at khunter9@bloomberg.net; Ms. Hopkins may be contacted at chopkins19@bloomberg.net Read the court decision
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Reprinted courtesy of Clea Benson, Cheyenne Hopkins and Kathleen Hunter, Bloomberg

Construction Defect Leads to Death, Jury Awards $39 Million

November 27, 2013 — CDJ STAFF
A failure in the installation of a 13-ton concrete panel in Milwaukee County lead to the death of a 15-year-old boy in 201; two others were also injured. A lawsuit over this has concluded with the contractor, Advance Cast Stone, found culpable due to their concealing that the panel was not installed as prescribed. The incident happened at a parking garage operated by the county. Advanced Cast Stone made the claim that the method they used to secure the panel had been approved by other in the project. The jury awarded $6.3 million to the estate of Jared Kellner, $1.5 million each to the young man who was injured, Eric Wosniki, and his parents. The county was also awarded $6 million for lost revenue in the parking garage and for repairs. Read the court decision
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In Search of Cement Replacements

October 19, 2017 — Aarni Heiskanen - AEC Business
Could we replace cement as the vital element in concrete some day? We look at two alternative answers to this question. The Problems with Cement Portland cement dominates in the construction and road building industries. From an environmental point of view, cement is not the perfect solution. The cement industry accounts up to 7% of the world’s carbon dioxide emissions. For every 600 kg of cement, approximately 400 kg of CO2 is released into the atmosphere. It is possible to recycle concrete by crushing it and using the gravel e.g. in road construction. However, the demand for new concrete is huge and increasing. According to The Washington Post, China used more cement between 2011 and 2013 than the U.S. used in the entire 20th Century. The worldwide production of cement has increased from 3.3 billion tons in 2010 to 4.2 in 2016. Even that is not enough; shortage of cement is a real problem in some countries. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at info@aepartners.fi

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