Fairfield Connecticut Building Expert Directory

Angela Cooner Appointed Vice-Chair of Arizona’s Inaugural Board of Legal Specialization Construction Defect Law Advisory Commission

June 20, 2022 — Angela Cooner - Lewis Brisbois
Phoenix, Ariz. (May 17, 2022) - Phoenix Partner Angela Cooner has been appointed as the vice-chair of the State Bar of Arizona’s inaugural Board of Legal Specialization Construction Defect Law Advisory Commission. The commission was created pursuant to the Arizona Supreme Court’s recent administrative order recognizing construction defect law as a new area of specialization. The commission will, among other things, create the application, examination, and interview process that Arizona attorneys will be required to complete to earn the construction defect law specialized certification. Ms. Cooner will serve a two-year term that will end on January 31, 2024. Read the court decision
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Reprinted courtesy of Angela Cooner, Lewis Brisbois
Ms. Cooner may be contacted at Angela.Cooner@lewisbrisbois.com

Illinois Legislature Enables Pre-Judgment Interest in Personal Injury Cases

February 01, 2021 — Justin Zimmerman - Lewis Brisbois
On January 13, 2021, the Illinois General Assembly passed HB 3360, which will enable pre-judgment interest of 9% in personal injury cases. The legislation was sponsored by Madison County, Illinois-area representative Jay Hoffman (D-Belleville) and Illinois state senator Dan Harmon (D-Oak Park). Under current Illinois law, plaintiffs are not entitled to pre-judgment interest in personal injury cases because the nature and extent of a plaintiff’s damages cannot be calculated in advance and liability is uncertain (compared, for example, to a breach of contract claim). If signed by the governor, personal injury actions in Illinois will be subject to 9% per annum pre-judgment interest accruing “on the date the defendant has notice of the injury from the incident itself or a written notice." Notably, the bill will also impact pending litigation as interest begins to accrue on the effective date of the legislation for cases already filed. Read the court decision
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Reprinted courtesy of Justin Zimmerman, Lewis Brisbois
Mr. Zimmerman may be contacted at Justin.Zimmerman@lewisbrisbois.com

Rising Construction Disputes Require Improved Legal Finance

November 15, 2022 — Apoorva Patel - Construction Executive
Construction disputes are famously high stakes, and the industry is currently experiencing an uptick in the value and number of disputes resulting from contractual obligations and third-party or force majeure incidents. While this is not entirely surprising given COVID-19’s disruption of global markets and supply chains, the numbers are noteworthy. For example, in 2020 alone, the International Chamber of Commerce (ICC)—the leading institution for construction disputes, partly because its clauses feature in many FIDIC standard form contracts—registered 194 construction arbitrations, and construction disputes now comprise over 20% of the ICC caseload. In addition to the damage to business outcomes that the underlying disputes may present, parties can quickly spend many millions on legal fees and expenses, as well as technical experts and consultants, if and when those disputes progress through the courts or arbitration. According to Norton Rose’s 2020 Global Construction Disputes Report, the average construction dispute value rose sharply from $30.7 million in 2019 to $54.26 million in 2020. Reprinted courtesy of Apoorva Patel, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Hunton Insurance Partner, Larry Bracken, Elected to the American College of Coverage Counsel

March 04, 2019 — Michael S. Levine - Hunton Andrews Kurth
Lawrence J. Bracken II, a partner in Hunton Andrews Kurth’s Insurance Coverage practice group, has been elected to the American College of Coverage Counsel (ACCC), which is the preeminent association of U.S. and Canadian lawyers who represent the interests of insurers and policyholders. The ACCC’s mission is to advance the creative, ethical and efficient resolution of insurance coverage and extracontractual disputes; to enhance the civility and quality of the practice of insurance law; to provide peer-reviewed scholarship; and to improve the relationships among the members of our profession. The ACCC engages in a rigorous vetting process prior to inviting a lawyer to become a fellow. ACCC fellows include many of the most prominent members of the insurance law bar. Read the court decision
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Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth
Mr. Levine may be contacted at mlevine@HuntonAK.com

How Technology Reduces the Risk of Façade Defects

March 20, 2023 — Ori Aphek - Construction Executive
The shell of the building is an onlooker’s first impression and crafts the architectural aesthetic, but it also plays a crucial role in enabling energy efficiency and protecting against the elements. Because façades are in direct contact with the elements, issues with water intrusion are the most common problem and the costliest to remedy, with anywhere from 30% to 70% of lawsuits related to water intrusion, half of it through the façade. Additionally, improperly installed façades pose significant safety risks because unsecured parts can fall and hit people below. All these factors contribute to the façade being one of the most complex and costly aspects of a building to construct and inspect, making up 205 of the total project cost. Installing these systems correctly the first time is the most effective way to mitigate these threats. Teams should utilize data-informed technology that ensures plan adherence, reducing risk and avoiding errors during installation. The Challenges of Façade Installation Façade installation and subsequent inspection are inherently challenging, particularly for high-rise buildings. When performing post-installation verification manually, inspectors must review every element, joint by joint, window by window, stone by stone and brick by brick, which can take months to complete. Inspections of the entire building system are limited by this process, as inspectors can only access one portion of the building façade at a time and often have to inspect from indoors, on balconies or at the ground level, which doesn’t paint a complete picture. As a result, teams typically only perform spot checks on the façade and are rarely inspected to their fullest. This leaves many installation errors and defects, which serve as ticking bombs for future water intrusion or safety hazards. Reprinted courtesy of Ori Aphek, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Parking Reform Takes Off on the West Coast

January 23, 2023 — Allan Van Vliet - Gravel2Gavel Construction & Real Estate Law Blog
Starting January 1, 2023, real estate developers in Oregon and California will no longer be required to build off-street parking facilities for certain projects located near public transit. Both states enacted new rules during the course of 2022 which are effective as of the beginning of 2023, and which seek to reduce the costs of building at least some new projects in major population centers. In California, A.B. 2097 was signed by Governor Gavin Newsom in September, and prohibits city governments throughout the state (including in charter cities) from enforcing any local land use provisions which would require the developer to build parking spaces as part of their project if the project is located within one half-mile of a major public transit stop. The law applies to both residential and commercial projects. Cities can continue mandating parking for individual projects if they find that doing so is important to support the development of affordable housing—this exception was added to allay concerns that the bill would undermine “density bonus” programs which have become an important tool for the promotion of new affordable housing development around the state. In Oregon, following a 2020 executive order by Governor Kate Brown, the state Land Conservation and Development Commission (the body responsible for land use and planning regulation in Oregon) embarked on a two-year rulemaking process which culminated in July of 2022 with the approval of a set of “Climate Friendly and Equitable Communities Rules.” Like the California legislation, these rules (in part) limit the ability of Oregon’s most populous cities to enforce parking minimums for new development projects. Unlike the California law, the Oregon rules encourage cities simply to repeal their parking mandates entirely. Cities subject the new rules which choose not to repeal their parking mandates in full must, as an alternative, adopt new local policies to reduce the amount of land dedicated to parking in certain geographies or in connection with certain uses. Read the court decision
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Reprinted courtesy of Allan Van Vliet, Pillsbury
Mr. Van Vliet may be contacted at allan.vanvliet@pillsburylaw.com

Dealing with Hazardous Substances on the Construction Site

July 10, 2018 — Christopher G. Hill - Construction Law Musings
For this week’s Guest Post Friday here at Construction Law Musings, we welcome Vickie Lane. Vickie is the primary point of contact for Business Development with HAZMAT Plans & Programs, a consulting and training firm that also works under the name of HP&P Safety. Vickie’s functions with HP&P include extensive pre-project research and support though estimating, planning and cost administration. Vickie attended Ohio State University and now enjoys her role as a first time grandmother and spending free time up in the Colorado Rocky Mountains. Vickie can be reached at vlane@hppsafety.com or on Twitter @HAZMATPlans and @hpandpsafety. Most of us perceive hazards on a construction site to be those that can be readily visualized or perhaps easily imagined, like trench cave-ins or falls from heights. These are the obvious, but what about the nocuous, microscopic hazards that can’t be seen by the human eye, but can destroy the health of your workers? Welcome to the world of hazardous materials. The inherent danger associated with hazardous substances is workers might not be not aware of exposure. Think of a snake in the dark scenario. If it is a rattlesnake, you have warning before the bite. A cobra on the other hand gives no such warning and the bite can be fatal. So it can be with hazardous and toxic substances. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Bert L. Howe & Associates to Join All-Star Panel at West Coast Casualty Seminar

March 26, 2014 — Beverley BevenFlorez-CDJ STAFF
Don MacGregor of Bert L. Howe & Associates, a consulting firm, will join fellow panelists Hon. Peter Lichtman (ret), Hon. Nancy Wieben Stock (ret), Peter S. Curry, Brian Kahn, Esq., and Paul R. Kiesel, Esq in a break-out discussion entitled “Working Smarter with Technology” at this year’s West Coast Casualty Construction Defect Seminar being held May 15th-16th at the world-famous Disneyland Hotel in Anaheim, California. West Coast Casualty's Construction Defect Seminar is the largest seminar of its kind worldwide focusing on all of the elements of the prosecution, defense, coverage and technologies of construction defect claims and litigation from a national perspective. With offices in California, Nevada, Colorado, Florida and Texas (Houston & San Antonio), Bert L. Howe & Associates provides construction consulting and expert witness services to insurance professionals and lawyers specializing in construction defect litigation, construction risk analysis, and property claims arising from construction-related activities. Download an Invitation and Register... Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES