Fairfield Connecticut Building Expert Directory

Important Information Regarding Colorado Mechanic’s Lien Rights.

November 07, 2012 — David McLain, Colorado Construction Litigation
With payment problems in the construction economy having accelerated over the past few years, there has been a substantial increase in mechanic’s lien activity and associated litigation. The typical mechanic’s lien claimant is a material supplier, a trade subcontractor, or even a general contractor that has not been paid by the developer/owner of the construction project. The reason for filing a mechanic’s lien claim is that it offers the prospect in many cases to make the unpaid construction professional a priority creditor, with a lien on the real estate that is superior to the construction lender. One of the primary rules governing a mechanic’s lien claim is that the creditor’s formal written “Notice of Intent to File a Mechanic’s Lien” (hereafter “Lien Notice”) must be (1) served on the owner of the property for which the work was done or the materials used, and (2) served at the same time on the general contractor who has handled the construction project. After the creditor has made service of the lien claim by USPS certified mail (using the green return receipt card for proof of service) or separate personal delivery of the notice to the property owner and general contractor, ten full days must pass (not including the date of mailing of the notices) before the lien notice is filed in the public records. After ten days have expired following the date of mailing using certified mail, or personal delivery of the notice to the property owner and the general contractor, the lien notice can be filed to make the lien valid. Read the court decision
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Reprinted courtesy of David M. McLain, Higgins, Hopkins, McLain & Roswell, LLC.
Mr. McLain can be contacted at mclain@hhmrlaw.com

Condo Association Settles with Pulte Homes over Construction Defect Claims

November 06, 2013 — CDJ STAFF
The Springton Point Condominium Association has settled its construction defect claims against Pulte Homes for $5.6 million. The residents of the 152-unit condominium community alleged a variety of defects which led to water intrusion, as well as a variety of other problems, including defective fire sprinkler systems and missing insulation. Pulte filed lawsuits against its subcontractors on the project, however all but one of these were settled before the case went to trial. The lawsuit started in 2007, with Pulte adding the subcontractors in 2009. On October 25, a jury had been selected, but the case settled before opening statements. Read the court decision
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The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy

August 02, 2017 — Garret Murai - California Construction Law Blog
As an undergrad, I remember taking an introductory philosophy class. When we came to the chapter on metaphysics our professor asked what makes an apple an apple? “We have a specific name for it, presumably, to distinguish it from other things,” she said. “But what makes an apple an apple?” From there we went into a rabbit hole. With some students describing an apple by its colors, shape, size, smell and that it grows on trees and others trying to distinguish an apple from other things, which in turn led to further discussions such as why we believe apples come in red, green and yellow, whether an apple is still an apple if a person was colorblind, etc. In the end, we were questioning whether we were even in existence and sitting in a university classroom. Insurance can be a bit like that sometimes. When is an accident an accident? If you engage in an intentional act that results in an unintended consequence, is it an accident? In Navigators Specialty Insurance Company v. Moorefield Construction, Inc. (December 27, 2016) 6 Cal.App.5th 1258, the Court of Appeals for the Fourth District, while not answering the question of the nature of existence, did shed some light on when an accident is an accident. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Nomos LLP Partner Garret Murai Recognized by Best Lawyers®

September 18, 2023 — Garret Murai - California Construction Law Blog
Nomos LLP Partner Garret Murai has been recognized by Best Lawyers® in its 30th edition of The Best Lawyers in America® in the area of Construction Law for 2024. This is the the first year Garret has been recognized by Best Lawyers®. Reprinted courtesy of Garret Murai, Nomos LLP Mr. Murai may be contacted at gmurai@nomosllp.com Read the full story... Read the court decision
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Green Home Predictions That Are Best Poised to Come True in 2014 and Beyond (guest post)

July 16, 2014 — Melissa Dewey Brumback – Construction Law in North Carolina
Today, a guest post on the green design issues that are becoming realities from Penny Olmos, who is associated with Holloway Houston, Inc. a leading industrial lifting equipment manufacturing company. Welcome, Penny! The scorching heat singed us and the winter wave chilled us — more than ever before. What are we heading to? Earthquakes, volcanoes, tsunamis, tornadoes and extreme temperatures? Mother Nature is warning us in myriad ways. And the good news is that we are heeding her calls after long. Saving our natural resources and going green has found many takers. We have seen many eco-friendly homes and buildings designed and created in the last decade. Green homes are here to stay. We look at the popular green home design and construction trends in 2014 that are about to transform the landscape of green realty. Rise of Net Zero Energy Homes It seemed impossible until a couple of years ago but 2014 will witness a rise in net zero energy homes. These are homes with zero net energy consumption. The total amount of energy used by these buildings annually equals the amount of renewable energy created on the property. This is the greenest and the most energy efficient house you can possess. And you do not need to cut down on any of your comforts. There are heating, cooling, entertainment and utility appliances functioning in the house like they would in any other home. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Construction Law in North Carolina
Ms. Brumback may be contacted at mbrumback@rl-law.com

David M. McLain named Law Week Colorado’s 2015 Barrister’s Best Construction Defects Lawyer for Defendants

September 17, 2015 — Sheri Roswell – Colorado Construction Litigation
It is my sincere pleasure to announce Law Week Colorado named my friend and partner, Dave McLain, as the 2015 Barrister’s Best Construction Defects Lawyer for Defendants. Law Week Colorado’s summary of David’s accomplishments includes the following recognition:

David McLain has set himself apart in the heated area of construction defects litigation as a founding member of his firm and as a member of several associations that serve developers. As one of the most connected and most vocal members of this area of law, we certainly know whom to go to when the construction defects issue inevitably bubbles up again.

I can say with pride and certainty, that there is no one more deserving of such recognition in the legal and construction community than David. I have had the honor of working side by side with David since he began practicing law. Together, fourteen years ago, we founded Higgins, Hopkins, McLain & Roswell, LLC with a vision of serving the construction industry at the highest level. Our firm’s Mission Statement states that “HHMR exists to embody and exemplify the principles of service and stewardship. In everything we do, we focus on serving our clients selflessly and to the best of our ability.” David lives our values each and every day. Read the court decision
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Reprinted courtesy of Sheri Roswell, Higgins, Hopkins, McLain & Roswell, LLC
Ms. Roswell may be contacted at roswell@hhmrlaw.com

GSA Releases Updated Standards to Accelerate Federal Buildings Toward Zero Emissions

August 12, 2024 — The U.S. General Services Administration
WASHINGTON — The U.S. General Services Administration (GSA) is advancing progress toward the Biden-Harris Administration's federal sustainability goals by releasing updated standards for federal buildings. P100 Facilities Standards for the Public Buildings Service establish mandatory design and construction standards and performance criteria for 300,000 federal buildings nationwide. The updated standards will help advance the adoption of cleaner, more efficient technologies for buildings; lead the way towards realizing the goals of the Federal Sustainability Plan to achieve net-zero emissions from all federal buildings by 2045; and promote the use of American-made, low carbon construction materials. P100 requires that facilities adopt advanced energy conservation strategies and eliminate on-site fossil fuel use, directives that align with federal sustainability goals and will accelerate the transition to a clean energy economy. The industry-leading standard calls for grid-interactive efficient buildings, leverages innovative technologies through GSA's Green Proving Ground, requires the use of low-embodied carbon materials, and directs potable water reuse. These comprehensive measures ensure that new and renovated federal facilities achieve peak performance while minimizing environmental impact. The 2024 P100 establishes exceptional benchmarks for:

Electrification: New standards for building equipment and systems to be powered by clean energy sources.
Embodied Carbon: Requirement to utilize low-embodied carbon materials, including salvaged, reused, regenerative, and biomimetic options.
Energy Efficiency: Enhanced building envelope performance to minimize energy loss and improve overall efficiency.
Grid-Interactive Efficient Buildings: New measures to support a more resilient, responsive grid.
Water Reuse: Mandating that buildings have a 15% potable water reuse rate.
Construction Decarbonization: Ground breaking new low-carbon methods for constructing federal buildings including clean energy operations, material salvage, and offsite assemblage.
Labor Practices: New standards protecting workers from unfair or unsafe labor practices, ensuring supply chains are free from child and forced labor and that workers are protected from the impacts of extreme heat.

P100 is updated and published every three years. For more detailed information on the 2024 P100 and other GSA initiatives, visit www.gsa.gov/p100. Read the court decision
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The Housing Market Is Softening, But Home Depot and Lowe's Are Crushing It

February 26, 2015 — Patrick Clark – Bloomberg
Two monthly reports that track the strength of the U.S. housing market offered dour assessments this week. And yet the companies that sell homeowners appliances, building materials, and power tools are thriving. Home Depot reported strong sales growth yesterday, and Lowe’s did the same today. That follows news that existing home sales dropped 4.9 percent in January, according to the National Association of Realtors, and results from the S&P Case/Shiller index that showed the growth of home prices is slowing in major U.S. cities. Read the court decision
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Reprinted courtesy of Patrick Clark, Bloomberg
Mr. Clark may be contacted at jclark185@bloomberg.net

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES