FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

First-Time Homebuyers Make Biggest Share of Deals in 17 Years

February 22, 2018 — Prashant Gopal – Bloomberg
Millennials are playing homeownership catch-up. First-time buyers rushed into the market last year, making 38 percent of all U.S. single-family home purchases, the biggest share since 2000, data released Thursday by Genworth Mortgage Insurance show. The 2.07 million new or existing homes bought by first-timers was 7 percent more than in 2016, according to the insurer, part of Genworth Financial Inc. Read the court decision
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Reprinted courtesy of Prashant Gopal, Bloomberg

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Construction Attorneys Tell DBR that Business is on the Rise

October 08, 2014 — Beverley BevenFlorez-CDJ STAFF
The Daily Business Review reported that Florida “attorneys anticipate lawsuits over construction defects, workmanship, change orders and warranties.” "We construction lawyers know this wave of litigation is coming, and we are getting ready," said attorney Jason Kellogg, a partner at Levine Kellogg Lehman Schneider + Grossman in Miami, told the Daily Business Review. Kellogg also stated that “there is a shortage of skilled workers in areas such as plumbing, electrical and other specialities that almost inevitably will lead to subpar work and defect litigation.” Read the court decision
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Contractor Gets Green Light to Fix Two Fractured Girders at Salesforce Transit Center

January 28, 2019 — Nadine M. Post - Engineering News-Record
The Transbay Joint Powers Authority announced Jan. 10 that procurement has begun for the repair of the two fractured bottom flanges of the twin parallel girders that span 80 ft across Fremont Street in the 4.5-block-long Salesforce Transit Center in San Francisco. TJPA shuttered the transit center on Sept. 25, less than six weeks after it had opened, after a ceiling installer noticed a crack in one of the bridgelike spans. Read the court decision
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Reprinted courtesy of Nadine M. Post, ENR
Ms. Post may be contacted at postn@enr.com

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Anatomy of a Construction Dispute- A Wrap Up

November 15, 2022 — Christopher G. Hill - Construction Law Musings
Over the past four weeks, I’ve “mused” on the “stages” of a construction dispute. What started as a kernel of thought in my mind turned into what has seemed to be a popular set of four posts that I hope were both informative and interesting. Because of the great feedback I’ve gotten, I thought that I’d consolidate the posts into one so that my readers (thank you, by the way) will have them all in one place. Here they are: The Anatomy of a Construction Dispute- The Claim– This post discussed the steps for setting out a claim under your construction contract and the steps to lay the groundwork should you need to move forward with a more formal means of collection. The Anatomy of a Construction Dispute Stage 2- Increase the Heat– This post discussed various methods to increase the heat on the party with whom you have a claim prior to litigation or arbitration. 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

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Minnesota Civil Engineers Give the State's Infrastructure a "C" Grade for the Second Time

May 02, 2022 — American Society of Civil Engineers
SAINT PAUL, Mn. — The Minnesota Section of the American Society of Civil Engineers (ASCE) today released preliminary findings from the 2022 Report Card for Minnesota's Infrastructure, with 10 categories of infrastructure receiving an overall grade of a 'C', meaning Minnesota's infrastructure is in mediocre condition. Minnesota has taken steps to make its infrastructure network more sustainable to withstand increasingly severe weather, but additional steps must be taken as the state's infrastructure is aging. Funding has been limited for systems throughout the state, particularly for surface transportation networks, and local and state funding must be increased to bring these critical systems up to speed. Civil engineers graded aviation (B), bridges (C), dams (C), drinking water (C-), energy (C), parks (B-), ports (C-), roads (D+), transit (C-) and wastewater (C). "The ASCE report card serves as an important benchmark for where our infrastructure currently stands and lays out how we can make improvements," said Sen. Sandy Pappas, DFL-St. Paul. "Knowing that these systems play such a crucial role in economic progress and the safety of Minnesotan families, we have made infrastructure a topline issue and must continue to do so to secure a prosperous future here in Minnesota." ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. Read the court decision
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Delaware Strengthens Jurisdictional Defenses for Foreign Corporations Registered to Do Business in Delaware

April 28, 2016 — Randall MacTough, Timothy Martin & Christian Singewald – White & Williams LLP
The days of companies being sued in Delaware based solely upon their compliance with Delaware’s registration statutes appear over. Recently, the Delaware Supreme Court, in Genuine Parts Co. v. Cepec[1], held that Delaware Courts cannot exercise jurisdiction over a foreign corporation registered to do business in Delaware for claims unrelated to its conduct in Delaware. In Delaware, foreign corporations must register to do business and designate a registered agent in Delaware to accept service of process to sell its products or services.[2] Since 1988, Delaware has construed these registration laws as foreign corporations’ express consent to general jurisdiction.[3] Reprinted courtesy of White & Williams LLP attorneys Randall MacTough, Timothy Martin and Christian Singewald Mr. MacTough may be contacted at mactoughr@whiteandwilliams.com Mr. Martin may be contacted at martint@whiteandwilliams.com Mr. Singewald may be contacted at singewaldc@whiteandwilliams.com Read the court decision
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Does the Implied Warranty of Habitability Extend to Subsequent Purchasers? Depends on the State

October 08, 2014 — Beverley BevenFlorez-CDJ STAFF
Attorneys for Traub Liberman Straus & Shrewsberry LLP (in JD Supra Business Advisor), discussed how state courts have come to different conclusions as to “whether a subsequent purchaser of a previously inhabited residence can recover contract damages from a builder or general contractor for breach of the implied warranty of habitability.” Recently, a Pennsylvania “sided with the builder, holding that the implied warranty of habitability was grounded in contract law. Thus, the Court reasoned that an action for breach of the implied warranty of habitability required a showing of contractual privity between the parties. Because there was no contractual privity between the Conways and the builder, the Conways could not pursue an action against the builder based on a breach of the implied warranty of habitability.” However, other state courts have made other conclusions. “Iowa permits an action for breach of the implied warranty of workmanlike construction by subsequent purchasers and does not require a showing of contractual privity. Rhode Island also does not require contractual privity, but limits liability to latent defects discovered within 10 years of construction.” Vermont and Connecticut, however, require contract privity. Read the court decision
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Coverage for Faulty Workmanship Denied

June 29, 2020 — Tred R. Eyerly - Insurance Law Hawaii
The court found there was no coverage for the insureds' alleged negligent failure to construct a building. Evanston Ins. Co. v. DCM Contracting, 2020 U.S. Dist. LEXIS 63977 (N.D. Ga. Feb. 28, 2020). Turning Point Church sued DCM Contracting for faulty workmanship on a construction project. Turning Point sent a demand letter to DCM on August 18, 2017 and filed suit in December. Evanston did not receive notice of Turning Point's claims and the lawsuit until May 15, 2018. Evanston filed suit for a declaratory judgment and moved for summary judgment. The court first considered the late notice. The policy required notice "as soon as practicable" DCM was also required to provide copies of demands, notices, or legal papers to Evanston. Here, DCM did not give notice to Evanston until nine months after receipt of Turning Point's demand. A phone communication with DCM's agent between August 2017 and May 2018 was insufficient. DCM provided no documents, including the summons and complaint, to the agent. DCM waited five months to forward the underlying lawsuit. This was a breach of the policy. 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

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