FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

New Jersey Supreme Court Hears Insurers’ Bid to Overturn a $400M Decision

January 25, 2021 — Lawrence J. Bracken II, Michael S. Levine & Daniel Hentschel - Hunton Andrews Kurth
New Jersey’s highest court heard arguments Monday in the appeal of a ruling that the New Jersey Transit Corp.’s (“NJ Transit”) insurers are required to insure $400 million of water damage loss caused by Hurricane Sandy. The matter stems from an insurance claim NJ Transit made after the super storm rocked the East Coast in 2012. NJ Transit claimed over $400 million in losses as a result of damage to its tracks, bridges, tunnels and power stations. In response, its tower of property insurers took the position that a $100 million flood sublimit applied to limit NJ Transit’s recovery under its insurance tower, not the policy’s $400 million overall limits.NJ Transit filed a coverage action in state court. The trial court granted summary judgment to NJ Transit, holding that NJ Transit was entitled to full coverage of $400 million under the tower’s named windstorm coverage. The insurers appealed, again arguing that the flood sublimit applied to the claim. Reprinted courtesy of Lawrence J. Bracken II, Hunton Andrews Kurth, Michael S. Levine, Hunton Andrews Kurth and Daniel Hentschel, Hunton Andrews Kurth Mr. Bracken may be contacted at lbracken@HuntonAK.com Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Hentschel may be contacted at dhentschel@HuntonAK.com Read the court decision
Read the full story...
Reprinted courtesy of

---

Colorado Defective Construction is Not Considered "Property Damage"

September 12, 2022 — Saxe Doernberger & Vita, P.C.
In the July 5, 2022, case of Indian Harbor Ins. Co. v. Houston Casualty Co., the United States District Court for Colorado addressed the issue of whether damage to defectively installed balconies is considered “property damage” under Colorado law, requiring payment by a commercial general liability policy. Facts of the Case The case stems from a construction project where a subcontractor improperly installed balconies on an apartment complex. The owner of the project secured commercial general liability (CGL) coverage through an OCIP insured by Houston Casualty Company (HHC). The OCIP insured the general contractor and subcontractors. The general contractor also purchased a subcontractor default insurance policy insured by Indian Harbor. All parties agreed that the subcontractor improperly installed portions of various balconies, including flashing, water-proof sealing, and water-resistant barriers, among other defects with the installation process. The parties also agreed that other portions of the balconies were properly installed. However, in order to repair the defects in the installations, every bit of each balcony had to be torn off and re-constructed. Read the court decision
Read the full story...
Reprinted courtesy of Saxe Doernberger & Vita, P.C.

---

NARI Addresses Construction Defect Claim Issues for Remodeling Contractors

November 05, 2014 — Beverley BevenFlorez-CDJ STAFF
The blog of the National Association of the Remodeling Industry (NARI) reported on issues for remodeling contractors that could result in construction defect claims. The most common problems "include water intrusion and water damage (windows, roofs, siding, etc.), heaving/settlement of flatwork areas, structural deficiencies/damage and material defects, etc." NARI suggests starting by analyzing contractual provisions. A few of the provisions addressed by NARI include Dispute Resolution, Performance Guidelines, and Notice of Claim Provisions. The article also covers Warranties, Applicable Laws, Potential Legal Action, and Insurance Coverage. Read the court decision
Read the full story...
Reprinted courtesy of

---

Affordable Housing, Military Contracts and Mars: 3D Printing Construction Potential Builds

September 05, 2022 — Adam J. Weaver & Lindsey Mitchell - Gravel2Gavel Construction & Real Estate Law Blog
The 3D printing construction market is likely on the cusp of a boom. This unique construction method boasts many advantages in comparison to traditional forms of construction. Projects can be completed more quickly and at a fraction of the cost, given fewer laborers are required and the materials used are much cheaper. Though market growth stalled during the COVID-19 pandemic, industry leaders expect 3D printing construction to experience exponential growth in the coming years. While 3D printing technology has risen in popularity and prominence in the past couple of decades, it is only recently that 3D printing companies have begun making strides in the construction industry. Critical to the construction process is the software that is used to create and model the planned structure. A software program turns a building’s blueprint into code that then dictates the movement of a 3D printer on the construction site. After a concrete-like mix is loaded into the printer, the printer begins to build the walls by laying one cylindrical layer of concrete at a time, in accordance with the blueprint. There is no one-size-fits-all approach in 3D printing construction: some companies print the core structure as well as the roof and floor of the structure, while others print only the core and shell and install those portions separately using traditional methods and materials. Reprinted courtesy of Adam J. Weaver, Pillsbury and Lindsey Mitchell, Pillsbury Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com Read the court decision
Read the full story...
Reprinted courtesy of

---

Are You Taking Full Advantage of Available Reimbursements for Assisting Injured Workers?

January 08, 2019 — Jonathan Schirmer - Ahlers Cressman & Sleight PLLC
Workplace injuries are an increasingly expensive cost of doing business. While every business does their best to avoid these injuries, even the most prepared employers must deal with them on occasion. The costs associated with these injuries—increased worker’s compensation premiums, decreased productivity, hiring temporary employees, and the loss of experienced workers—can be mitigated by shrewd employers taking full advantage of available assistance programs. Read the court decision
Read the full story...
Reprinted courtesy of Jonathan Schirmer, Ahlers Cressman & Sleight PLLC
Mr. Schirmer may be contacted at jonathan.schirmer@acslawyers.com

---

Replacement of Gym Floor Due to Sloppy Paint Job is Not Resulting Loss

January 02, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The court granted the insurer's motion for summary judgment finding damage to the gym floor due to a poor paint job was not a resulting loss. Bob Robinson Commercial Flooring, Inc. v. RLI Ins,. Co., 2023 U.S. Dist. LEXIS 196105 (D. Ark. Nov. 1, 2023). Bob Robinson Commercial Flooring (BRCF) submitted a bid to the general contractor, Nabholz Construction Corporation, to install a vinyl athletic floor and striping at a middle school. The job also included the painting of a "Wildcat" logo the main gym floor. Therefore, BRCF's job was to install floors with proper painting and striping. Robert Liles and Robert Lines Parking Lot Services was the subcontractor hired to do the painting and striping. BRCF did not supervise or inspect Liles' work while it was ongoing. Nabholz informed BRCF that there were problems with the floor painting, including crooked lines, incorrect markings, misplacement of the three point lines for the basketball surface, drips, smudges, etc. The gym floor was eventually rejected due to the nature of the vinyl flooring, once primer and paint were applied, the paint could not be removed and repainted. BRCF had to hire a new subcontractor to remove the flooring, install new flooring and then paint new lines. The cost for removal and replacement was $134,188.95. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

Measure of Damages in Negligent Procurement of Surety Bonds / Insurance

September 04, 2018 — David Adelstein - Florida Construction Legal Updates
My broker procured the wrong insurance and I am exposed to a loss. My broker failed to procure proper insurance and I am exposed to a loss. “Where the parties enter into an agreement to procure insurance and there is a negligent failure to do so, an insurance broker may be liable for damages.” The Lexington Club Community Association, Inc. v. Love Madison, Inc., 43 Fla.L.Weekly D1860a (Fla. 4th DCA 2018). The proper measure of damages in a negligent procurement of insurance claim is “what would have been covered had the insurance been properly obtained.” Id. quoting Gelsomino v. ACE Am. Ins. Co., 207 So.3d 288, 292 (Fla. 4th DCA 2016). This measure of damages in a negligent procurement of insurance claim is important because it is the measure of damages that dictates recoverable damages under this claim. Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

---

Illinois Court of Appeals Addresses Waiver and Estoppel in Context of Suit Limitation Provision in Property Policy

February 05, 2024 — James M. Eastham - Traub Lieberman
In Naperville Hotel Partners, LLC v. Liberty Mut. Fire Ins. Co., 2023 IL App (3d) 220440-U the Illinois Third District Court of Appeals addressed whether failure to include reference to a limitations provision in reservation of rights correspondence to an insured can be deemed a waiver of the provision or otherwise estop the insurer from relying on the provision. The claim involved water damage sustained at the Insured’s motel as a result of numerous rain events that occurred between 2015 and 2020. Liberty Mutual issued an insurance policy that covered several buildings including the subject hotel. The policy required that any legal action based on the coverage had to be brought "within two (2) years after the date on which the physical damage occurred, extended by the number of days between the date you submitted the statement of loss to us and the date we deny the claim in whole or in part." Plaintiffs filed their claim with Liberty Mutual in May 2019. In June of 2019 Liberty Mutual sent a reservation of rights letter to the Insured which requested more information and listed the "immediate written notice of loss" provision as a potential basis for excluding coverage but did not list the two-year time-limitation on legal action. Liberty Mutual also did not mention the provision in subsequent communications with the Insured. Read the court decision
Read the full story...
Reprinted courtesy of James M. Eastham, Traub Lieberman
Mr. Eastham may be contacted at jeastham@tlsslaw.com

---