Fairfield Connecticut Building Expert Directory

Corps Spells Out Billions in Infrastructure Act Allocations

February 14, 2022 — Tom Ichniowski - Engineering News-Record
The Army Corps of Engineers has released a detailed project-by-project breakdown outlining how it plans to spend the 2022 portion of the $17.1-billion infusion provided for its civil works program in the Infrastructure Investment and Jobs Act (IIJA). Reprinted courtesy of Tom Ichniowski, Engineering News-Record Mr. Ichniowski may be contacted at ichniowskit@enr.com Read the full story... Read the court decision
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Back Posting with Thoughts on Lien Waivers

May 20, 2015 — Christopher G. Hill – Construction Law Musings
After a week of being unable to post due to the rigors of my solo construction practice, I’m back on the blogging train. For those of you that missed my new musings this past week, I hope that you had a chance to look through some of the past Guest Post Friday posts for some good stuff to read. During the course of my busy week last week, a question came up regarding the mechanic’s lien waivers that commercial construction companies routinely execute as part of the payment process. The waiver forms vary, but each essentially states that in exchange for payment the payee, whether a subcontractor or supplier (or even general contractor) waives its future rights to record a mechanic’s lien for the work that is covered by the payment received. Most if not all of these forms further require a certification that the funds paid will either be used to pay suppliers or that suppliers have already been paid. This general description is not the reason for this post. As is always the case in the Commonwealth of Virginia where the contract is king and a court is unlikely to reinterpret any written contractual document, the devil is in how that waiver is worded. Some waivers are worded in such a way that they essentially require a payee to certify receipt of the funds prior to payment being received. These same forms require the same pre-payment certification that all suppliers and subcontractors of the payee have already been paid. In short they require a payee to both place complete trust in the payor that the check will be paid and that the check will not bounce while in many cases (often with an unstated “wink and nod”) claiming payment was already made when all know the likelihood is that it has not. 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

Homeowner Has No Grounds to Avoid Mechanics Lien

September 01, 2011 — CDJ STAFF

The California Court of Appeals has rejected a motion by a homeowner in a dispute with the contractor who built an extension to his home. In McCracken v. Pirvulete, Mr. McCracken filed a mechanics lien after Mr. Pirvulete failed to complete payment. The matter went to trial with a series of exhibits that showed “the contractual relationship was strained and the parties disagreed over performance and payment.” As a result of the trial, the court awarded Mr. McCracken, the contractor, $1,922.22.

Mr. Pirvulete appealed, contending that the court had not allowed his daughter to act as a translator, that the court had failed to give him sufficient time to present his case, that the mechanics lien should have been dismissed, and several other claims, all before a formal judgment was issued. After the court formalized its judgment and rejected the appeal, Mr. Pirvulete appealed again.

The appeals court found that Mr. Pirvulete did not provide an adequate record for review. The court dismissed Mr. Pirvulete’s claims. The court notes that Mr. Pirvulete claimed that a request for a discovery period was denied, however, he has provided neither the request nor the denial. The trial court has no record of either.

Nor was there a record of a request that Mr. Pirvulete’s daughter provide translation. The court notes, “so far as we can glean from the record provided, the Register of Actions states, ‘Trial to proceed without Romanian Interpreter for Defendant; Daughter present to interpret if needed.’” Additionally, the court found that “there has been no showing that his facility with the English language is or was impaired in any way or that there was any portion of any proceeding, which he did not understand.”

Further, the appeals court found there were no grounds for a new trial, despite Mr. Pirvulete’s filings. The court concluded, “The owner has failed to provide a record adequate for review of most, if not all, of the claims of error. Some issues are not cognizable because they relate to entirely separate proceedings, and not the trial below. To the limited extent that the claims are examinable, the owner has made no showing of error.” The court affirmed the judgment of the lower court against Mr. Pirvulete.

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How to Survive the Insurance Claim Process Before It Starts –Five Tips to Keep Your Insurance Healthy

December 15, 2016 — Robert K. Scott – Newmeyer & Dillion LLP
Every day we read about fires, floods and other tragedies that occur. They seem to be so prevalent, now than ever before. The old notion that “it can’t happen to my family” is not the best approach to being ready if you are faced with a claim. Preparation is the key to readiness in the world of insurance. These five tips can easily be implemented just in case:

Check your coverage now – not after a catastrophic event for your family. Know and ask in writing if all your insurance needs are covered and your financial limits are sufficient. A phone call to your agent or broker can start the process, but at the conclusion of the process confirm any advice or adjustments in writing, and save it in your insurance file. Policies and important correspondence can be imaged and saved in the cloud so it’s retrievable if a big loss occurs. Ask your child or grandchild how to do this if you do not understand the cloud storage and retrieval system.
Video your belongings and save in the cloud. – Use your smart phone to video your home, contents, boats, etc. Talk about the items in the viewfinder as you go. If there are expensive personal items, note their worth and ask your agent or broker if such items need to be “scheduled”---detailed with agreed upon amounts. You pay a little extra on these items but you can then recover their actual value if lost. Most “personal property” items fall under a general category under most homeowner policies and may not be sufficient.

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Reprinted courtesy of Robert K. Scott, Newmeyer & Dillion LLP
Mr. Scott may be contacted at Robert.scott@ndlf.com

New York Public Library’s “Most Comprehensive Renovation” In Its History

May 13, 2014 — Beverley BevenFlorez-CDJ STAFF
Manhattan’s New York Public Library’s renovation plans have been revised after being “the subject of at least three lawsuits and repeated protests by academics, activists, writers and historians,” according to Construction Digital. The previous $300 million plan by Foster & Partners would have required the circulation collections to be relocated during the renovation process. Now, that plan has been abandoned for one that New York Public Library President Anthony Marx calls “the most comprehensive renovation in its history.” “Instead of removing the central stacks and placing the Mid-Manhattan Library in that space, we are proposing to renovate Mid-Manhattan Library at its current site,” Marx told Construction Digital. “This renovation will add much-needed computer labs and an adult education center, and an inspiring, comfortable space for browsing our largest circulating collection.” Read the court decision
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Apple to Open Steve Jobs-Inspired Ring-Shaped Campus in April

February 23, 2017 — Adam Satariano - Bloomberg
Apple Inc. co-founder Steve Jobs’ last public event in 2011 was a city council meeting in Cupertino, California, where he presented plans for a sprawling new campus with a spaceship-shaped building and tree-filled park. Apple announced Wednesday that it will begin moving employees into the 2.9 million-square-foot facility in April. Apple said a new 1,000-seat auditorium at the facility will be named the Steve Jobs Theater in honor of its co-founder, who died four months after his city council presentation and would have turned 62 on Feb. 24. As with many large-scale construction projects, Apple faced budget overruns and delays. The building cost an estimated $5 billion (though Apple has never said how much), and the opening date had initially been set for 2015. Read the court decision
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Reprinted courtesy of Adam Satariano, Bloomberg
Mr. Satariano may be followed on Twitter @satariano

Skilled Labor Shortage Implications for Construction Companies

July 15, 2019 — Tony James & Keith Maciejewski - Construction Executive
The construction industry is facing one of the most significant labor shortages it has ever seen. This labor shortage has far-reaching implications for worker safety and construction quality—both of which could adversely impact a company’s bottom line if investments are not made to address the issue. What’s causing the labor gap? There are two underlying trends driving this phenomenon:

More experienced workers have either not returned to the industry after the Great Recession or are now retiring as they’ve concluded their careers.
The construction industry has long struggled to attract new, younger workers to the industry, and this problem has only worsened as the broader economy boomed. As a result, construction firms must compete with other industries, such as health care, technology and engineering, for young talent.

Reprinted courtesy of Tony James & Keith Maciejewski, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Hail Drives Construction Spending in Amarillo

October 25, 2013 — CDJ STAFF
Amarillo had a hailstorm in May and it’s still having an effect on the construction industry there. Prior to the May 28 hailstorm, the city issued 223 permits for roofing projects, worth a total of $1.9 million. But in the four months after the hailstorm, the city issued 13,696 roofing permits worth about $151.4. During the same nine months of 2012, the total was only $6.9 million. The Amarillo Globe-News reports that there has been a slowing of residential roof work, but the commercial roofing is still going strong. Scott McDonald, an Amarillo building official told the paper that a commercial roof can exceed a million dollars. “The commercial aspect is much more complicated, and we’re just now getting started,” said Mr. McDonald. Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES