Fairfield Connecticut Building Expert Directory

NY Appeals Court Ruled Builders not Responsible in Terrorism Cases

January 13, 2014 — Beverley BevenFlorez-CDJ Staff
In a ruling on a case related to the September 11, 2001 attacks, New York federal appeals court stated that builders and developers could not be held responsible for losses linked to terrorism, Reuters reports. Circuit Judge Rosemary said the building “would have collapsed regardless of any negligence ascribed by plaintiffs' experts.” Scott Sweeney writing for the Schinnerer's RM Blog explained, “This decision should make it harder for constructors and designers to be held responsible for damages resulting from major acts of terrorism and unforeseeable events that can be nearly impossible to prepare for.” Read the full story at Reuters... Read the full story at Schinnerer's RM Blog... Read the court decision
Read the full story...
Reprinted courtesy of

Another Setback for the New Staten Island Courthouse

January 13, 2014 — Melissa Zaya-CDJ STAFF
The new Staten Island Courthouse received another setback when James McDonough filed suit stating unsafe work conditions, according to Frank Donnelly writing for Silive. The completion date for the new multistory, $230 million complex has been rescheduled four times so far. Fifty-eight year old James McDonough, resident of Ridgewood Queens, became injured after a fall down a shaft, and he subsequently “sued the city, state Dormitory Authority, the state Office of Court Administration and various contractors,” Donnelly reported. A total of ten defendants have been named in the suit. According to Silive, the Office of Court Administration, Dormitory Authority and the Law Department would not comment on the pending litigation further except to say that papers have been filed and the case is under review. Read the court decision
Read the full story...
Reprinted courtesy of

Pallonji Mistry, Indian Billionaire Caught in Tata Feud, Dies at 93

August 15, 2022 — Bhuma Shrivastava - Bloomberg
Pallonji Mistry, the Indian-born billionaire whose engineering empire built luxury hotels, stadiums, palaces and factories across Asia and whose family’s epic showdown with the Tata Group sparked India’s biggest corporate feud, has passed away in Mumbai. He was 93. A company spokesperson confirmed the death of the Indian tycoon after social media posts on the news spread. Mistry and his family control the Shapoorji Pallonji Group, which started more than 150 years ago and today employs more than 50,000 people in over 50 countries, according to its website. Its landmark projects include the Reserve Bank of India and the Oberoi Hotel in Mumbai and the blue-and-gold Al Alam palace for the Sultan of Oman. Read the court decision
Read the full story...
Reprinted courtesy of Bhuma Shrivastava, Bloomberg

Resurgent Housing Seen Cushioning U.S. From World Woes: Economy

January 28, 2015 — Steve Matthews – Bloomberg
(Bloomberg) -- Real estate developer Crescent Communities in Charlotte, North Carolina, expects to sell 1,000 new homes this year across the Southeast U.S. and Texas, double the number of two years ago. “Demand is the strongest since the recession” that ended in June 2009 and stemmed from the collapse in housing, said Chief Executive Officer Todd Mansfield. “The economy is getting better and the labor market is getting better.” Read the court decision
Read the full story...
Reprinted courtesy of Steve Matthews, Bloomberg
Mr. Matthews may be contacted at smatthews@bloomberg.net

Florida Legislative Change Extends Completed Operations Tail for Condominium Projects

December 10, 2024 — Holly A. Rice - Saxe Doernberger & Vita, P.C.
The Florida Legislature recently passed House Bill 1021 which amended Florida Statute § 718.124. The July 1, 2024 amendment changes Florida’s statute of repose (“SOR”) trigger date for condominium projects. Now, the SOR trigger for existing condominium projects will be governed by Florida Statute §718.124, not Florida Statute § 95.11. Most critically, Florida Statute § 718.124 changes the trigger events for when the “clock” starts running and impacts how long the SOR runs. Notably, Florida Statute § 718.124 already governed the trigger event for the statute of limitations (“SOR”) for condominium projects. One important overarching takeaway for contractors to carefully assess is that the change in the “trigger” event may result in the SOR concluding at a later date than originally planned – affecting time on the risk and, critically, the availability of insurance. The standard approach of using a static 10-year completed operations tail on a condominium construction insurance program may now be insufficient in certain circumstances. Read the court decision
Read the full story...
Reprinted courtesy of Holly A. Rice, Saxe Doernberger & Vita, P.C.
Ms. Rice may be contacted at HRice@sdvlaw.com

Builders Beware: Smart Homes Under Attack by “Hide ‘N Seek” Botnet

October 30, 2018 — Scott L. Satkin & Amtoj S. Randhawa - Newmeyer & Dillion LLP
German manufacturer eQ-3 has found itself under siege by a botnet known as "Hide 'N Seek." This pernicious malware has infected tens of thousands of eQ-3's smart home devices by compromising the device's central control unit. Once a device has been infected, the malware spreads to other Internet of Things ("IoT") devices connected to the same wireless network. IoT devices have become the prime target for botnet attacks. As opposed to computers, laptops, or other larger computing devices, the smaller storage capacity and lower processing power of IoT devices limit the amount and complexity of the security measures that can be installed—making them an easier target for botnets. What is a Botnet? For those unfamiliar with the term, a botnet is a network of devices infected with a malware program allowing the infector to control and/or exploit the devices. Once a suitable number of devices are infected, the person or group controlling the botnet can harness the computing power of each infected device to perform activities which were previously constrained by a single device's capabilities (i.e. DDoS attacks, spamming, cryptocurrency mining, etc.). Hide 'N Seek – History and Capabilities The Hide 'N Seek botnet first appeared in January 2018 and has since spread rapidly. Its sophisticated design and capabilities have captivated the attention of many security watchdogs and researchers. While many botnets are designed to be "quick and dirty" (i.e. infect a few devices, eke out a little profit, and inevitably be cleared out or rendered ineffective by security updates and fixes), Hide 'N Seek was designed to maintain itself in the host's system indefinitely. When it was first released, Hide 'N Seek primarily targeted certain routers and internet-enabled security cameras; however, it has now began targeting digital video recorders, database servers, and most recently, smart home hubs. Hide 'N Seek's communication capabilities are also more advanced than previous botnets. Previous botnets relied on existing communications protocols to communicate with other another, but Hide 'N Seek uses a custom-built peer-to-peer system to communicate. This advancement allows Hide 'N Seek to spread more rapidly than previous botnets. Hide 'N Seek is also capable of extracting a device owner's personal information (i.e. name, address, e-mail, telephone numbers, etc.) whereas previous botnets were not. Most importantly, Hide 'N Seek is consistently updated to increase its infection rate, decrease its detection probability, and bypass any security measures designed to detect and remove it from the system. This modularity has proved to be Hide 'N Seek's greatest strength. Protecting Against Hide 'N Seek and Other Botnets While many of the precautions will undoubtedly come from the device manufactures vis-à-vis software programming and updates, homebuilders can still take some precautions to protect their customers.

When selecting a smart home system to incorporate into a home's construction, be sure to evaluate its security features including, but not limited to its: wireless connectivity, password/passphrase requirements, interconnectedness with other IoT devices, etc. Third-party reviews from tech-oriented outlets will likely have useful information on a device's security measures, vulnerabilities, and any recent security compromises.
Be vigilant in installing any eQ-3 smart home systems. The extent of the damage caused by Hide 'N Seek botnet remains unknown, as does damage from other potentially-infected technology. Thus, it may be prudent to avoid installing any eQ-3 device until it becomes evident that the threat has been neutralized and all security vulnerabilities have been remedied.
If a builder uses technology other than eQ-3, precautions must be taken. Ensure that technology providers are thoroughly researched. It is also recommended to include strong contractual indemnity provisions, and require vendors to carry cyber-specific insurance policies.
Homebuilders should consider purchasing their own stand alone cyber liability policies as a safety net, should potential exposure arise.

Scott Satkin and Amtoj Randhawa are associates in the Cybersecurity group of Newmeyer & Dillion. Focused on helping clients navigate the legal dispute implications of cybersecurity, they advise businesses on implementing and adopting proactive measures to prevent and neutralize cybersecurity threats. For questions on how they can help, contact Scott at scott.satkin@ndlf.com and Amtoj at amtoj.randhawa@ndlf.com. Read the court decision
Read the full story...
Reprinted courtesy of

Lack of Flood Insurance for New York’s Poorest Residents

September 10, 2014 — Beverley BevenFlorez-CDJ STAFF
Property Casualty 360 reported that for residents of the flood-prone area of Queens, New York, even “the slightest downpour could mean evacuating their homes for a night or even weeks at a time.” The problem is that “[m]uch of Southeast Queens, an area that includes the neighborhoods of Jamaica, St. Albans and Hollis, and parts of the Rockaways, sits on a massive aquifer that swells with groundwater and spills over into streets and eventually into basements and homes after heavy rains.” However, according to Property Casualty 360, Southeast Queens residents “have been battling insurance agencies for over a decade.” “I would say more than 90% of the homeowners I speak to out here, they’re looking for insurance and they’re not getting it,” Councilman Donovan Richards, who represents Roseland and Far Rockaway, told Property Casualty 360. “Insurance companies obviously don’t want to take the risk.” Read the court decision
Read the full story...
Reprinted courtesy of

Proposed Florida Construction Defect Act

January 09, 2015 — Beverley BevenFlorez-CDJ STAFF
Michael J. Furbush and Thomas P. Wert of Roetzel & Andress discussed Florida’s House Bill 87, which proposes to “substantially overhaul Florida’s Construction Defect Act, Chapter 558, requiring property owners to provide more detailed notice of the alleged defect and imposing sanctions on property owners who make frivolous claims.” Representative Kathleen Passidomo sponsored the bill, which “requires claimants to provide additional details about the alleged defect in the notice of claim, including the specific location of each alleged defect, and the specific provisions of the building code, plans, or specifications that serve as the basis of the defect claim. The failure to include this information in the notice of claim would be considered prima facie evidence of a defective notice.” Read the court decision
Read the full story...
Reprinted courtesy of

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES