Fairfield Connecticut Building Expert Directory

Plaza Construction Negotiating Pay Settlement for Florida Ritz-Carlton Renovation

August 31, 2020 — Scott Van Voorhis - Engineering News-Record
Lionstone Development, owner of the Ritz-Carlton hotel in Miami Beach's South Beach section, began a $90-million renovation in 2017 after damage by Hurricane Irma forced the property's closing. The company reopened the hotel this past January to considerable acclaim in the hospitality industry press. Scott Van Voorhis, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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Policy Reformed to Add New Building Owner as Additional Insured

July 10, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The lower court correctly reformed the policy to replace the prior owner with the new owner as an additional insured under the policy. Wesco Ins. Co. v. Fulmont Mut. Ins. Co., 2023 N.Y. App. Div. LEXIS 2650 (N. Y. App. Div. May 11, 2023). Beyond was sued as owner of the building in a personal injury lawsuit. The former owners leased the building to the tenant who included the then-owners as additional insureds under the tenant's policy. When the deed to the building was transferred to Beyond, the additional insured endorsement in the tenant's policy was not updated to reflect the change in ownership. Beyond's insurer, Wesco, tendered the lawsuit to the tenant's insurer, Fulmont. Coverage was denied because Beyond was not an additional insured under the tenant's 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

Housing Inflation Begins to Rise

February 25, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Kathleen Madigan writing for The Wall Street Journal, “inflation remains muted at the start of 2014” except in one category: housing. Madigan stated that housing costs were “worth watching.” The “owners’ equivalent rent index had been rising at a steady pace through most of 2012 and 2013, with 12-month percent changes hovering around 2%” however, “the pace picked up” at the end of last year. Read the court decision
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Know Your Obligations Under Both the Prime Contract and Subcontract

December 02, 2015 — Craig Martin – Construction Contractor Advisor
A recent case out of New Mexico highlights the importance for subcontractors to review their contract with the general and the contract between the general and the owner. In Centex/Worthgroup, LLC v. Worthgroup Architects, L.P, the architect claimed that the limitation of liability clause in the prime contract trumped the provisions of the subcontract. The court disagreed and ruled that the specific provision in the subcontract controlled. In the case, a general contractor was hired to expand and renovate a resort. The general contractor subcontracted with an architect to design a mechanically stabilized earth wall. The prime contract contained a limitation of liability clause that states:

general contractor shall require its design professional Subcontractor(s) to obtain insurance in an amount not less than $3,000,000. Owner agrees that it will limit general contractor’s liability to Owner for any errors or omissions in the design of the Project to whatever sums Owner is able to collect from the above described professional errors and omissions insurance carrier.

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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

Florida Legislative Change Extends Completed Operations Tail for Condominium Projects

December 10, 2024 — Holly A. Rice - Saxe Doernberger & Vita, P.C.
The Florida Legislature recently passed House Bill 1021 which amended Florida Statute § 718.124. The July 1, 2024 amendment changes Florida’s statute of repose (“SOR”) trigger date for condominium projects. Now, the SOR trigger for existing condominium projects will be governed by Florida Statute §718.124, not Florida Statute § 95.11. Most critically, Florida Statute § 718.124 changes the trigger events for when the “clock” starts running and impacts how long the SOR runs. Notably, Florida Statute § 718.124 already governed the trigger event for the statute of limitations (“SOR”) for condominium projects. One important overarching takeaway for contractors to carefully assess is that the change in the “trigger” event may result in the SOR concluding at a later date than originally planned – affecting time on the risk and, critically, the availability of insurance. The standard approach of using a static 10-year completed operations tail on a condominium construction insurance program may now be insufficient in certain circumstances. Read the court decision
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Reprinted courtesy of Holly A. Rice, Saxe Doernberger & Vita, P.C.
Ms. Rice may be contacted at HRice@sdvlaw.com

Partner Vik Nagpal is Recognized as a Top Lawyer of 2020

June 29, 2020 — Bremer Whyte Brown & O'Meara LLP
Please join us in congratulating San Diego Partner Vik Nagpal for being recognized as a Top Lawyer of 2020 by San Diego Magazine! San Diego Magazine works with Martindale-Hubbell to choose top lawyers who have reached the highest level of ethical standards and professional excellence. Vik Nagpal was evaluated and given the highest ratings by the colleagues using a peer reviewed Vik Nagpal is the managing partner of Bremer Whyte Brown & O’Meara LLP’s San Diego offices, as well as directing the firm’s business development. Read the court decision
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Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

Construction Defects Are Occurrences, Says South Carolina High Court

December 20, 2012 — CDJ STAFF
The South Carolina Supreme Court has left the legislature’s new, expanded definition of “occurrence” in place, declining to declare it unconstitutional. South Carolina included faulty workmanship as an occurrence in response to a Supreme Court decision, which the court later reversed. One of the parties in that earlier decision, Harleysville Insurance, challenged the new law, claiming that the legislature didn’t have the power to pass a law to overturn a court ruling. The court did not concur. However, the court did determine that the law was not retroactive and covered only claims filed after the law became effective in May 2011. The Chief Justice of South Carolina noted that “insurance coverage for construction liability lacks clarity, particularly with respect to whether construction defects constitute ‘occurrences’ under construction general insurance policies.” Read the court decision
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Florida Death Toll Rises by Three, Reaching 27 as Search Resumes

July 05, 2021 — The Associated Press (Adriana Gomez Licon & Bobby Caina Calvan) - Bloomberg
Surfside, Fla. (AP) -- Rescuers searched through fresh rubble Monday after the last of the collapsed Florida condo building was demolished, which allowed crews into previously inaccessible places, including bedrooms where people were believed to be sleeping at the time of the disaster, officials said. But they faced a new challenge from thunderstorms that hit the area as Tropical Storm Elsa approached the state. Four more victims were discovered in the new pile, Miami-Dade Assistant Fire Chief Raide Jadallah told family members, raising the death toll to 28 people. Another 117 people remain unaccounted for. The demolition late Sunday was crucial to the search-and-rescue effort, officials said, and raised the prospect that crews could increase both the pace of their work and the number of searchers at the site, although the chance of finding survivors 12 days after the June 24 collapse has diminished. Read the court decision
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Reprinted courtesy of The Associated Press, Bloomberg

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES