Fairfield Connecticut Building Expert Directory

Failure to Timely File Suit in Federal Court for Flood Loss is Fatal

June 29, 2017 — Tred R. Eyerly - Insurance Law Hawaii
Although the insureds timely filed their suit for denial of flood benefits in state court, the Fourth Circuit found the lawsuit against the Insurer was untimely because it was not filed in federal district court. Woodson v. Allstate Ins. Co., 2017 U. S. App. LEXIS 7862 (4th Cir. May 3 , 2917). Hurricane Irene struck the insureds' house in August 27, 2011. Their property was flooded and for several hours, subjected to wave action, allegedly causing further damage to the home. The insureds contacted Allstate, who retained Rimkus Consulting Group, Inc. to inspect the property. Rimkus found that, other than a substantial loss of soil washed away around the supporting portion of the house, there was no damage to the structure of the house. Rimkus recommended reimbursement of $1200 for the washed out soil. The insureds retained House Engineering, P.C., which submitted a report describing substantial damage caused by the hurricane, including movement to the pilings that caused the house to no longer be level. The insureds claimed $228,822 in damages. Read the court decision
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Reprinted courtesy of Tred R. Eyerly - Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

City and Contractor Disclaim Responsibility for Construction Error that Lead to Blast

November 13, 2013 — CDJ STAFF
The city of Grand Junction, Colorado and their contractor, Aperion Utility Construction, LLC, have both denied any wrongdoing in the construction accident that lead to the destruction of two homes. Aperion was drilling in order to repair traffic signals. Their drill damaged a gas line. In the subsequent explosion, three people were injured and two homes destroyed. Homes for 10 blocks were subsequently evacuated. The three men who were injured have filed a lawsuit claiming negligence on the part of the contractor and the city. The city has released a report from their insurers that concluded that the city was not responsible. Read the court decision
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“If It Walks Like A Duck . . .” – Expert Testimony Not Always Required In Realtor Malpractice Cases Where Alleged Breach Of Duty Can Be Easily Understood By Lay Persons

April 17, 2019 — David W. Evans & Renata L. Hoddinott - Haight Brown & Bonesteel LLP
In Ryan v. Real Estate of the Pacific, Inc., et al. (No. D072724, filed 2/26/19), the Fourth Appellate District reversed a trial court’s granting of summary judgment and finding that expert testimony is not required in a professional negligence action where the claimed acts or omissions are within the understanding of a lay person. Daniel and Patricia Ryan hired Defendants David Schroedl, David Schroedl & Associates, and Real Estate of the Pacific, Inc., doing business as Pacific Sotheby’s International Realty to list, market, and sell their property. During an open house, the Ryans’ neighbor informed Defendant David Schroedl that he planned significant construction on his own property which would impact the Ryans’ property including, but not limited to, building a large addition that would obstruct the property’s westerly ocean view. Schroedl never disclosed this information to the Ryans or to the subsequent purchasers of the Ryans’ property. The day after escrow closed, the new owners’ interior decorator spoke with that neighbor who again explained his extensive remodeling plans. Reprinted courtesy of David W. Evans, Haight Brown & Bonesteel LLP and Renata L. Hoddinott, Haight Brown & Bonesteel LLP Mr. Evans may be contacted at devans@hbblaw.com Ms. Hoddinott may be contacted at rhoddinott@hbblaw.com Read the court decision
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BHA Has a Nice Swing: Firm Supports NCHV and Final Salute at 2017 WCC Seminar

May 03, 2017 — CDJ STAFF
Bert L. Howe & Associates (BHA) is excited to announce the return of their very popular Sink a Putt for Charity at the 2017 West Coast Casualty Construction Defect Seminar. This year, participant’s efforts on the green will help benefit both the National Coalition for Homeless Vets and Final Salute. As in years past, sink a putt in the BHA golf challenge and win a $25 Amazon gift card, and for every successful putt made, BHA will make a $25 cash donation in the golfer’s name to be distributed equally between these two worthy organizations. 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. Also learn about BHA’s expanding market presence and full range of services in Texas, Florida, and across the Southeast United States. Attendees can also enter to win Dodger baseball tickets or a new iPad Pro! Other BHA giveaways include USB charging blocks, pocket tape measures, multi-tools, LED flashlights, and foam stress balls. For more information on the National Coalition for Homeless Vets, please visit: http://nchv.org/ To learn more about how Final Salute provides homeless women Veterans with safe and suitable housing, please visit: http://www.finalsaluteinc.org/ Read the court decision
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Water Damage Sub-Limit Includes Tear-Out Costs

June 06, 2022 — Tred R. Eyerly - Insurance Law Hawaii
The Florida Court of Appeals affirmed the trial court's ruling that the homeowner policy's sub-limit for water damage included tear-out costs. Sec. First Ins. Co. v. Vazquez, 2022 Fla. App. LEXIS 1205 (Fla. Ct. App. Feb. 18, 2022). A discharge of water from the cast iron pipes caused damage to the home. The water escaped as a result of the failed cast iron pipes due to wear and tear, deterioration, and corrosion. The insurer acknowledged coverage for the water damage and paid $10,000 under the Limited Water Damage Endorsement (LWD Endorsement). The provision recited that "'[t]he limit of liability for all damage to covered property provided by this endorsement is $10,000 per loss." The insureds' suit argued they were entitled to additional benefits for the cost to tear out and replace a part of the concrete slab - an action necessary to reach the corroded pipes. The parties stipulated that the cost of the tear-out would be $40,000. The parties agreed that the LWD Endorsement provided coverage of both water damage and tear-out costs. They also agreed that the cost to repair and/or replace the corroded pipes was not covered. They disagreed, however, over the proper interpretation of the limitation of liability provision in the LWD Endorsement. The insured argued that the $10,000 limit applied to both water damage and tear-out costs. The insureds argued that the $10,00 limit applied only to water damage to covered property. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Not So Universal Design Fails (guest post)

April 28, 2016 — Melissa Dewey Brumback – Construction Law in North Carolina
Today we have a guest post from Carla Williams, who works in customer service for the Williams Brothers Corporation of America. Carla humorously brings light to a serious problem– the intent behind ADA and Universal Design is very often not met with poorly-thought out applications in the real world. Enjoy, and feel free to leave a comment for Carla below. Universal design is the idea that architecture should be inherently accessible to everyone. The growing number of architects adopting universal design is great news for people with accessibility needs. Instead of having separate entrances and walkways to make a building accessible, universal design allows people of all abilities to move together. Unfortunately, many buildings are stuck back in 1990 right after the Americans with Disabilities Act was made law. These buildings may be technically “accessible,” but they aren’t spaces people with accessibility needs can maneuver very easily. Until all building designers come to understand and implement the beauty and functionality of universal design, the world is left with less than ideal accessibility. “Less than ideal” is a bit of an understatement. Many times full-on “accessibility fails” take place. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
Ms. Brumback may be contacted at mbrumback@rl-law.com

Proposed Changes to Federal Lease Accounting Standards

January 19, 2017 — Susan Elliott & Lori A. Lange - Peckar & Abramson, P.C.
The Federal Accounting Standards Advisory Board (FASAB) has proposed amendments to federal lease accounting standards found within Statement of Federal Financial Accounting Standard (SFFAS) 5, ‘Accounting of Liabilities of the Federal Government,’ and SFFAS 6, ‘Accounting for Property, Plant, and Equipment,’ promulgated by FASAB. The proposals would require entities leasing property to the federal government, such as private landlords, to recognize a lease receivable and deferred revenue at the beginning of the lease term (except on intragovernmental or short-term leases). The proposals are slated to take eff ect in reporting periods following September 30, 2018. PUBLIC COMMENTS ARE DUE JANUARY 6, 2017. The federal government is one of the largest tenants in the country. The General Services Administration (GSA) alone leases space to house over 600,000 government workers. GSA has over 8,000 leases throughout the U.S. Reprinted courtesy of Susan Elliott, Peckar & Abramson, P.C. and Lori A. Lange, Peckar & Abramson, P.C. Ms. Elliott may be contacted at selliott@pecklaw.com Ms. Lange may be contacted at llange@pecklaw.com Read the court decision
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The BUILDCHAIN Project Enhances Data Exchange and Transparency in the EU Construction Industry

January 23, 2023 — Aarni Heiskanen - AEC Business
Trace Labs, a WEB 3 developer, joins the EU’s efforts to create a smarter and more sustainable built environment with the BUILDCHAIN project. With its 11 EU partners, Trace Labs aims to improve efficiency, reduce errors, and increase transparency and trust in construction. Efficient, transparent, and trusted data exchange is a powerful tool for driving sustainability, resilience, and energy efficiency in construction. However, there are several obstacles to trusted data exchange in the industry today:

Data silos: Construction projects involve multiple parties and stakeholders, each of which may have its systems for storing and sharing information. This can lead to data silos and a lack of coordination, making it difficult to access and trust the data.
Lack of standardization: Construction projects may use different formats for storing and sharing data, leading to difficulties in comparing and combining information from various projects.
Data security: Construction projects often involve sensitive information, such as building plans, materials lists, and inspection results. Ensuring this information is secure and protected from unauthorized access can be a significant challenge.
Lack of incentives: There are often few incentives for construction companies and other stakeholders to share data and collaborate on projects, making establishing trust and transparency challenging.

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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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