Fairfield Connecticut Building Expert Directory

Construction Defects not Creating Problems for Bay Bridge

July 31, 2013 — CDJ STAFF
There might have been a number of problems with San Francisco’s new Bay Bridge, but despite all that, the Contra-Costa Times says that the experts say that there is no reason for panic. And although the chair of the Senate Transportation Committee, Mark DeSaulnier, has been a critic of the bridge, he says that he is “convinced the old bridge is unsafe.” Although DeSaulnier wants an independent review, construction of the bridge has been investigated by what the Times refers to as “dozens of internationally renowned bridge engineers and other experts.” According to the experts, the problems with the bridge fall in to three categories, ranging from the fixable, through the fixed, to those that were never actual problems. Of the last category, the Oakland Tribune reported in 2005 that construction workers claimed they were told to “conceal shoddy welds to speed up construction,” but the Federal Highway Administration outside experts found no evidence of bad welds. In another case, bad welds were discovered at the factory where a span was being constructed. The process was changed and the bad welds repaired. Caltrans has delayed the opening of the Bay Bridge to December 10. Earlier plans were to open the bridge in September. Read the court decision
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Suing a Local Government in Land Use Cases – Part 1 – Substantive Due Process

February 16, 2017 — Wally Zimolong – Supplemental Conditions
Because of my personal political persuasions (pro-freedom) and success in litigating cases against the government and other media about those cases businesses frequently approach me about bringing claims against local governments and agencies for interfering with their Constitutional rights. Actions by local government agencies that could give rise to a Constitutional violation include: treating a developer’s project differently than a similar project, revoking a previously issued zoning or building permit, disqualifying a contractor from bidding on a government contract, retaliating against a business owner for speaking out against the local agency or one of its members, or unnecessarily delaying the issuance of a permit. The Constitutional rights most typically implicated in these cases are those guaranteed by the 5th and 14th Amendments to the United States Constitution. However, the 1st Amendment is also frequently implicated. Suing a local government agency for violating your Constitutional rights is not easy. However, the federal statute under which the cases are brought, 42 U.S.C. Section 1983, provides for the award of a successful plaintiff’s attorneys fees. This is true even if the Judge or jury awards a mere $1 is damages. Moreover, sometimes there can be a strategic value in the litigation. This is the first in a series of blog posts exploring claims available to businesses harassed by local government agencies and officials and the challenges inherent in successfully bringing those claims. We will start with a claim for a substantive due process violation. Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

Negligence of Property Appraiser

September 28, 2017 — David Adelstein - Florida Construction Legal Updates
A new appellate decision came out discussing the statute of limitations associated with a negligence claim against a property appraiser. In this case, Llano Financing Group, LLC v. Petit, 42 Fla. L. Weekly D2071a (Fla. 1st DCA 2017), the court held that the four year statute of limitations for negligence claims commences when the lender relied on the appraisal to fund the loan. The statute of limitations does not commence years later when the property is ultimately sold at a loss. Oh no. Once the lender receives the appraisal and funds the loan, the statute of limitations for the negligence claim begins. Applying this rationale in other contexts, the statute of limitations to sue a property appraiser in negligence would commence once an appraisal is received and relied on. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

No Third-Quarter Gain for Construction

November 18, 2011 — CDJ STAFF

The Associated Builders and Contractors released their analysis of construction work under contract and found that there was no increase in construction backlog from the second quarter of 2011. There was still improvement, however, over 2010, as the third quarter backlog is 16.3 percent higher than that of a year ago.

The current backlog is 8.1 months, which according to Anirban Basu, the chief economist of the ABC, “is consistent with flat construction spending.” He noted that less than 8 months indicated a decline.

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Read Carefully. The Insurance Coverage You Thought You Were Getting May Not Be The Coverage You Got

November 27, 2013 — Bret Cogdill — Higgins, Hopkins, McLain & Roswell, LLC
A recent U.S. District Court case in Colorado highlighted the importance for an insured to read and understand the terms of its insurance policy. The case 2-BT, LLC v. Preferred Contractors Insurance Company Risk Retention Group, LLC, Civil Action No. 12CV02167PAB, was a controversy between an insured’s expectations for coverage, and the terms and exclusions of the insurance policy. 2-BT is a heating, ventilation, and air-conditioning (“HVAC”) contractor, which utilizes soldering devices and heat sources among other tools for its trade. 2-BT needed liability insurance to cover its work, and found a provider, Preferred Contractors Insurance Company Risk Retention Group, LLC (“PCIC”). 2-BT read PCIC’s online materials, which stated “PCIC’s personalized underwriting process allows us to tailor coverage to properly outfit the contractor with excellent coverage and rates.” 2-BT filled out a policy application, which included a description of the type of HVAC work it performs, initialed several sections, and signed it. One of the initialed paragraphs on the application, “Policy Exclusions,” stated that damages arising from “fungi/bacteria,” “open flame,” and “use of heating devices,” was not covered. PCIC issued a policy to 2-BT, which included a section titled, “Additional Exclusions” that excluded coverage for mold and damage related to heating elements among others. Read the court decision
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Reprinted courtesy of Bret Cogdill
Bret Cogdill can be contacted at cogdill@hhmrlaw.com

Keeping Your Workers Safe When Air Quality Isn't

August 21, 2023 — Kim Ritchie - Construction Executive
Kim Ritchie, Vice President, Canada, ISN Construction Executive Q&A What risks do wildfires and poor air quality pose to workers? Exposure to smoke caused by wildfires can have significant health risks, especially for those with preexisting medical conditions. Smoke exposure and poor air quality can trigger immediate effects such as coughing, difficulty breathing and irritation of the throat, eyes and lungs. However, despite smoke dissipating, it could have long-term health complications with cardiovascular impacts, such as heart attacks and stroke. With the lasting impacts caused by exposure to wildfire smoke and poor air quality, it's essential for organizations to look out for their workers’ long-term health. Reprinted courtesy of Kim Ritchie, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Six Inducted into California Homebuilding Hall of Fame

February 04, 2013 — CDJ STAFF
The California Homebuilding Foundation has inducted six industry leaders into their Homebuilding Hall of Fame, in recognition of both their professional accomplishments and their philanthropic and volunteer activities. The six homebuilders to be honored are Sherman S. Haggerty of Lennar Corp., Joe Head of the SummerHill Land Division of SummerHill Homes, Robert B. MacLeod of Newland Real Estate Group, John J. Ryan Jr. of Brookfield Homes Bay Area, Tom Sudberry of Sudberry Properties, and Bill Watt of Baywood Development Group. Read the court decision
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Get Your Contracts Lean- Its Better than Dieting

January 13, 2020 — Brian Perlberg, Esq. - ConsensusDocs
I recently took the AGC Lean Construction Educations Program Units 1-7. After studying diligently, I’m happy to say that I passed the exam and earned my CM-Lean credential. Surprisingly, this makes me the first attorney to earn this distinction out of over 1,200 CM-Lean holders. So why is a construction attorney learning about lean? After all, this was my first exam in 20 years since I took the bar. Well, according to McKinsey Global Institute, construction actually became less productive from 1995 through 2009. When it comes to efficiency, construction still lags significantly behind the manufacturing sector and the overall economy. Construction contracts – what we sign and the way in which we negotiate them, or lack thereof – is a principal reason why construction productivity is stagnant. Contracting under an integrated lean project delivery method (ILPD) and incorporating Lean construction tools is the most powerful means to increase efficiency and add-value to owners. Owners are the client’s end-users of construction projects. ConsensusDocs has taken a leadership role in publishing the first standard ILPD contract which is an integrated form of agreement (IFOA). The ConsensusDocs 300 Integrated Project Delivery (IPD™) provides an off-the-shelf solution to contract utilizing lean tools. Not every owner can or is comfortable using an IPD approach. Consequently, ConsensusDocs produced the ConsensusDocs 305 Construction Lean Construction Addendum last year to provide an option for contracting for lean on Construction Management at-Risk and design-build projects. Some people call this approach IPD-lite or IPD’ish. Some disfavor such terms, because those terms have been used loosely on projects that aren’t very Lean. Read the court decision
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Reprinted courtesy of Brian Perlberg, Esq., Executive Director and Senior Counsel of ConsensusDocs
ConsensusDocs may be contacted at support@consensusdocs.org

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES