Fairfield Connecticut Building Expert Directory

‘Hallelujah,’ House Finally Approves $1T Infrastructure Funding Package

November 15, 2021 — Tom Ichniowski - Engineering News-Record
After nearly three months in a holding pattern and a long day of back-and-forth negotiations among House Democrats, the chamber approved a sweeping, multi-year infrastructure funding package late on Nov. 5 that will provide an estimated $1 trillion for a wide range of infrastructure categories, including highways, transit, rail, water, power and broadband. Reprinted courtesy of Tom Ichniowski, Engineering News-Record Mr. Ichniowski may be contacted at ichniowskit@enr.com Read the full story... Read the court decision
Read the full story...
Reprinted courtesy of

BHA has a Nice Swing: Don’t Forget to Visit BHA’s Booth at WCC to Support Charity

May 13, 2014 — Beverley BevenFlorez-CDJ STAFF
At this week's West Coast Casualty Construction Defect Seminar, for every hole-in-one made at the golf putting game at the Bert L. Howe & Associates (BHA) booth, the firm will make a $25.00 cash donation in the golfer’s name to the Construction Defect Community Charitable Foundation (CDCCF). Each winner will also receive a $25.00 Best Buy gift card. BHA’s traditional golf game has been technologically reimagined. As the putter steps onto the artificial turf, he or she is plunged into a virtual golf course through an animated video projected on a giant 23 feet wide by 8 feet tall screen! While at the booth, don’t forget to test out BHA’s industry leading data collection and inspection analysis systems. BHA has recently added video overviews to their data collection process, as well as next-day viewing of inspection data via their secured BHA Client Access Portal. Discover meaningful cost improvements that translate to reduced billing while providing superior accuracy and credibility. Attendees can also enter to win Dodger baseball tickets, a new iPad Air, or a trip to the Del Mar Race Track! Other BHA giveaways include water bottles, pocket tape measures, multi-tools, flashlight fans, foam footballs, and Godiva chocolates. Bert L. Howe & Associates strongly supports the goals and principles of the CDCCF, and is honored to assist the foundation in fulfilling its mandate of assisting those in the construction defect community who are in need. Read how the CDCCF assists the construction defect community... Read the court decision
Read the full story...
Reprinted courtesy of

Louisiana 13th in List of Defective Bridges

November 27, 2013 — CDJ STAFF
About 1,800 bridges in the state of Louisiana have been rendered structurally deficient. According to a report by WAFB, that means “at least one of the three key parts of a bridge has a major defect.” Although the bridges need repair, they are not yet classified as unsafe, which would lead to the Louisiana Department of Transportation and Development closing the bridges. Over the last five years, the state has spent a billion dollars on repairing, maintaining, and replacing bridges, but the number keeps growing. The DOTD would not release a list of compromised bridges in the state, citing legal concerns. Read the court decision
Read the full story...
Reprinted courtesy of

What You Need to Know About Additional Insured Endorsements

August 30, 2017 — Gary Barrera - California Construction Law Blog
A well-drafted insurance clause is an integral part of a construction contract because it sets forth a subcontractor’s obligations to add the general contractor to its policies of insurance as an additional insured and identifies the manner by which the general contractor will qualify as an additional insured. In a typical construction contract, the general contractor will be an additional insured via a scheduled endorsement or a blanket endorsement. Scheduled Endorsements A scheduled endorsement contains a “schedule” in which the person or organization that is named in the schedule is added to the policy as an additional insured. The following scheduled endorsements are commonly used in construction contracts. Read the court decision
Read the full story...
Reprinted courtesy of Gary Barrera, Wendel Rosen Black & Dean LLP
Mr. Barrera may be contacted at gbarrera@wendel.com

2017 Colorado Construction Defect Recap: Colorado Legislature and Judiciary Make Favorable Advances for Development Community

January 24, 2018 — Kaitlin Marsh-Blake – Gordon & Rees Construction Law Blog
Last March, the Colorado General Assembly introduced House Bill 17-1279 concerning the requirement that a unit owners’ association obtain approval through a vote of unit owners before filing a construction defect action. The bill, passed in May, requires a home owners’ association to first notify all unit owners and the developer or builder of a potential construction defect action, call a meeting where both the HOA and developer or builder have an opportunity to present arguments and potentially remedy the defect, and obtain a majority vote of approval from the unit owners to pursue a lawsuit before bringing a construction defect action against a developer or builder. The bill amends C.R.S. § 38-33.3-303.5, which previously only required substantial compliance with the above-mentioned actions. Moreover, the previous version of C.R.S. § 38-33.3-303.5 did not require the HOA to perform these actions prior to a suit being filed. HB 17-1279 also removed the provision of C.R.S. § 38-33.3-303.5 that made it only applicable to buildings of five or more units. Read the court decision
Read the full story...
Reprinted courtesy of Kaitlin Marsh-Blake, Gordon & Rees
Ms. Marsh-Blake may be contacted at kmarsh-blake@grsm.com

Sick Leave, Paid Time Off, and the Families First Coronavirus Response Act

April 20, 2020 — Garret Murai - California Construction Law Blog
Unemployment claims hit a historic high this past week as 3.3 million Americans filed for unemployment benefits. To give you some context, this is not only the highest number of unemployment claims ever filed, it is five times higher than the previous record of 695,000 unemployment claims in 1982. Restaurants, hotels, airlines and other businesses have begun to layoff or furlough workers. According to a survey conducted by the Associated General Contractors of America this past week, 39% of respondents reported that project owners have halted or cancelled construction projects due to deteriorating economic conditions, 45% reported project delays or disruptions, and 23% reported supply chain disruptions. While the construction industry likely won’t be impacted nearly to the same degree as the retail sector has, some involved in the construction industry may nevertheless be faced with the prospect of having to lay off or furlough workers as “shelter in place” orders are extended. If you’re faced with that situation here are a few things to remember: Paid Sick Leave Under California law, nearly all employers are required to provide paid sick leave to employees who work for 30 or more days in a given year. Paid sick leave can be used by an employee for illnesses, including COVID-19, the diagnosis, care, or treatment of existing health conditions, and preventative care for the employee or employee’s family member. The important thing to remember here is that use of paid sick leave is an employee’s choice. While an employer, concerned that an employee may have contracted COVID-19, may require that an employee not come to the office, the employer cannot force such an employee to use his or her paid sick leave. For more information, the California Labor Commissioner has created a webpage specific to COVID 19. Read the court decision
Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Recent Bad Faith Decisions in Florida Raise Concerns

November 06, 2018 — Michael Kiernan, Lauren Curtis & Ashley Kellgren - TLSS Insurance Law Blog
The State of Florida has long been known as one of the most challenging jurisdictions for insurance carriers in the context of bad faith – to say the least. Two recent appellate decisions have taken an already difficult environment and seemingly “upped the ante” in what constitutes good faith claims handling in the context of third-party liability claims. Set forth below is an analysis of the Bannon v. Geico Gen. Ins. Co. and Harvey v. Geico Gen. Ins. Co. decisions. Reprinted courtesy of Traub Lieberman Straus & Shrewsberry LLP attorneys Michael Kiernan, Lauren Curtis and Ashley Kellgren Mr. Kiernan may be contacted at mkiernan@tlsslaw.com Ms. Curtis may be contacted at lcurtis@tlsslaw.com Ms. Kellgren may be contacted at akellgren@tlsslaw.com Read the court decision
Read the full story...
Reprinted courtesy of

Presenting a “Total Time” Delay Claim Is Not Sufficient

September 12, 2022 — David Adelstein - Florida Construction Legal Updates
When presenting a delay-type of claim on a construction project, a claimant MUST be in a position to properly PROVE the claim. Trying to present a delay claim loosey-goosey is not a recipe for success. In fact, it can be a recipe for an easy loss. This is not what you want. To combat this, make sure you engage a delay expert that understands delay methodologies and how to calculate delay and do NOT present a total time claim. Presenting a delay claim using a total time approach, discussed below, makes it too easy to attack the flaws and credibility of the approach. Per the discussion of the case below, a total time claim with a contractor that used its project manager, versus a delay expert, to support its claim turned the contractor’s claim into a loss. In French Construction, LLC v. Department of Veteran Affairs, 2022 WL 3134507, CBCA 6490 (CBCA 2022), a contractor submitted a delay claim to the government for almost $400,000. The contractor was hired to construct a two-story corridor to connect hospital buildings. The contractor was required to be complete within 365 days. It was not. The contractor was seeking 419 days of delay from the government. The contractor’s “delay expert” was its project manager who compared the contractor’s as-planned schedule to an as-built schedule he prepared for the claim. Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES