Fairfield Connecticut Building Expert Directory

Construction Defects and Warranties in Maryland

November 27, 2013 — CDJ STAFF
Nicholas D. Cowie, a partner with Cowie & Mott, P.A., has started a blog focusing on construction defect claims in Maryland condominium complexes. In his first post, he writes about the statutory remedies in Maryland law for condominium owners. He notes that “four separate statutory warranties apply to the sale of condominiums.” He further discusses the varying duration of these warranties and when they come into effect, saying that “associations and unit owners are often incorrectly informed that their construction defect-related problems (such as leaks around windows) are ‘out of warranty’ because the problems did not occur during the warranty period.” Read the court decision
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Contractual Warranty Agreements May Preclude Future Tort Recovery

January 11, 2022 — Taylor Ostrowski - Colorado Construction Litigation Blog
When a buyer purchases a product that is later discovered to be defective, the court offers a remedy to make the buyer whole. Such remedies can arise either out of a contract, including express and/or implied warranties, or under common law through a tort theory. However, what happens when a buyer has already received the remedy specified in the contractual warranty, only to discover the product manufacturer misrepresented the quality of its product by failing to disclose a defect? Can the buyer subsequently recover for the same product under a tort theory of recovery? The Colorado Court of Appeals analyzed such questions in its December 2021 decision in Dream Finders Homes, LLC v. Weyerhaeuser NR Co., 2021 COA 143. In Dream Finders, the court examines the rights of sophisticated buyers who purchased defective products and received a warranty from the product manufacturer with purchase. The court specifically determines whether such buyers may recover under the tort theory product misrepresentation and failure to disclose when the buyers have already received the remedy specified and the warranty expressly excludes the type of damage the buyer now seeks. Read the court decision
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Reprinted courtesy of Taylor Ostrowski, Higgins, Hopkins, McLain & Roswell, LLC
Ms. Ostrowski may be contacted at ostrowski@hhmrlaw.com

Chicago Debt Document Says $8.5B O'Hare Revamp May Be Delayed

October 26, 2020 — Jeff Yoders - Engineering News-Record
The $8.5-billion revamp of O'Hare International Airport may have to be delayed because of COVID-19 related economic impacts, according to documents included in paperwork to refinance existing airport debt. The city forcefully disagreed with that summation, however, and says the project will move forward and is not endangered. Reprinted courtesy of Jeff Yoders, Engineering News-Record Mr. Yoders may be contacted at yodersj@enr.com Read the full story... Read the court decision
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Cliffhanger: $451M Upgrade for Treacherous Stretch of Highway 1 in British Columbia

July 31, 2023 — Aileen Cho - Engineering News-Record
Rugged Construction | Part Three of an ENR Series Winding along the edges of steep slopes deep in the eastern forests of British Columbia, a stretch of Highway 1 offers stunning vistas for commuters and visitors as they traverse Kicking Horse Canyon. But the 70-plus-year-old two-lane highway also has been susceptible to rockfalls, avalanches and traffic accidents involving both humans and wildlife. Reprinted courtesy of Aileen Cho, Engineering News-Record Ms. Cho may be contacted at choa@enr.com Read the full story... Read the court decision
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Termination for Convenience Clauses: Maybe More Than Just Convenience

June 06, 2022 — Robert C. Shaia - ConsensusDocs
A contractor begins work on a project and everything is going well, until one day the owner informs the contractor that it is being terminated for convenience. Possibly, there is no discussion about alleged defects, reasons for the termination, or any damages the owner might seek against the contractor. In that moment, the contractor may be unaware of any perceived wrongdoing or problems with its work. The industry has typically accepted that, in this scenario, the owner implicitly waives the right to any remedies against the contractor, except those expressly set forth in the contract. Reasonable minds might assume that, if the owner believed it needed to seek further remedies, it would terminate the contractor for cause instead of convenience. And often overlooked during contract negotiations are the benefits of including an express “waiver of remedies” in the termination for convenience section. Read the court decision
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Reprinted courtesy of Robert C. Shaia, Watt, Tieder, Hoffar, & Fitzgerald, LLP (ConsensusDocs)
Mr. Shaia may be contacted at rshaia@watttieder.com

Smart Cities Offer New Ideas for Connectivity

April 05, 2017 — Jennifer Seward - Engineering News-Record
Innovative, technology-driven communities are being designed and constructed for the next generation—and beyond. Although each of them is uniquely planned, experts say the central theme of connectivity is the key to turning concepts into reality. Read the court decision
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Reprinted courtesy of Jennifer Seward, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Hurricane Handbook: A Policyholder's Guide to Handling Claims during Hurricane Season

October 11, 2021 — Tracy Alan Saxe, Kelly A. Johnson, Samantha M. Oliveira & R. G. Nelson - Saxe Doernberger & Vita
SDV's Natural Disaster Recovery Group presents the Hurricane Handbook: A Policyholder's Guide to Handling Claims during Hurricane Season. This handbook intends to be a practical guide on policyholder issues, both homeowners and business owners alike, when preparing for hurricane season and handling claims after a loss due to a hurricane. The handbook is a living document that will evolve over time, as our Natural Disaster Recovery Group members continue to contribute new and expansive content on the complex issues arising in this area. Remember to check back for additional information and updated content regarding the Hurricane Season Policyholder’s Handbook. I. Are You Adequately Insured for a Hurricane? Understanding the various types of coverage policyholders can purchase is vital to weathering the financial storm following a natural disaster. Reprinted courtesy of Tracy Alan Saxe, Saxe Doernberger & Vita, Kelly A. Johnson, Saxe Doernberger & Vita, Samantha M. Oliveira, Saxe Doernberger & Vita and R. G. Nelson, Saxe Doernberger & Vita Mr. Saxe may be contacted at TSaxe@sdvlaw.com Ms. Johnson may be contacted at KJohnson@sdvlaw.com Ms. Oliveira may be contacted at SOliveira@sdvlaw.com Ms. Nelson may be contacted at RNelson@sdvlaw.com Read the court decision
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Appraisers’ Failure to Perform Assessment of Property’s Existence or Damage is Reversible Error

July 30, 2015 — Christopher Kendrick and Valerie A. Moore – Haight Brown & Bonesteel LLP
In Lee v. California Capital Insurance Co. (No. A136280; filed 6/18/15), a California Court of Appeal held that it was error for an appraisal panel to assign loss values to items simply because they were listed in the insured’s scope of loss, and regardless of whether inspection revealed they were undamaged or never existed. California Capital insured a twelve unit apartment building owned by Ms. Lee in Oakland, California. When a fire damaged one unit, the insurer prepared an estimate of $69,255 and paid an undisputed amount of $46,755, which was the amount of the estimate less depreciation and the deductible. But Ms. Lee claimed that six of the units had been damaged, and she retained a public adjuster who submitted a claim exceeding $800,000. This included cleaning, asbestos abatement, reconstruction of the affected apartments, and loss of rent. She claimed burn damage to one unit and smoke damage requiring complete replacement of all the interior rooms of five apartments, along with removal of a portion of the stucco exterior and iron balcony railings and repainting of the entire building. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com; Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES