Fairfield Connecticut Building Expert Directory

Massachusetts Affordable Homes Act Provides New Opportunities for Owners, Developers, and Contractors

October 15, 2024 — Larry Grijalva - Construction Law Zone
On August 6, 2024, Massachusetts Governor Maura Healey signed the Affordable Homes Act (the Act) into law. The Act aims to counter the rising cost of housing in the commonwealth by implementing new policies and providing funding for the construction of affordable housing. New policies include:

A requirement that municipalities permit the construction of accessory dwelling units (ADUs) on the same parcel as a primary dwelling.
A requirement that municipalities permit the construction of single-family residences on previously unbuildable lots held in common ownership with an adjacent residential lot.
The creation of a commercial property conversion program to support the conversion of commercial space into housing or mixed-use developments.

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Reprinted courtesy of Larry Grijalva, Robinson & Cole LLP
Mr. Grijalva may be contacted at lgrijalva@rc.com

Give Way or Yield? The Jurisdiction of Your Contract Does Matter! (Law note)

March 05, 2015 — Melissa Dewey Brumback – Construction Law in North Carolina
Have you ever been to England? If so, you’ve likely seen their version of our “Yield” sign– the “Give Way” sign. It is a bit jarring to those from this side of the “big pond”. Similarly, contracts can be worded differently– and, interpreted differently– depending on the state that you are in. This is why it is always a good idea to have your contract or proposal vetted for the state(s) where you provide professional services. When confronted with a “give way” sign you have the general idea of yielding, but might be confused by that whole “left side of the road” thing in some countries, where if you are turning right, you must give way to all vehicles coming towards you including those turning left. Likewise, you might have a good understanding of your construction contract in one state, but not how it would be interpreted in another state. 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

Orange County Team Obtains Unanimous Defense Verdict in Case Involving Failed Real Estate Transaction

March 25, 2024 — Lewis Brisbois Newsroom
Orange County, Calif. (March 4, 2024) - Orange County Partners Esther P. Holm and Alexandra Anast obtained a unanimous defense verdict in a real estate matter involving a failed real estate transaction. The property at issue, which was located in the West Hollywood Hills and had beautiful views, was undergoing extensive remodeling. There were several bids for its purchase. Ultimately, the plaintiff, a real estate investor, was awarded the purchase. The plaintiff and the seller entered into a real estate purchase agreement, but the plaintiff failed to release the physical contingencies within the 17-day period prescribed by the contract. Instead, the plaintiff demanded a reduction in price, which the seller rejected. The plaintiff then filed a lis pendens on the property, clouding the title and making it impossible for the sellers to sell the property to anyone else. The buyer and seller subsequently engaged counsel. The plaintiff filed the lawsuit against the seller as well as the real estate company and its agents. Prior to trial, the plaintiff and the seller reached a settlement. Read the court decision
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Reprinted courtesy of Lewis Brisbois

Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert

December 04, 2023 — Todd Heffner & Di'Vennci Lucas - The Dispute Resolver
A recent decision by the Georgia Court of Appeals, Munro v. Georgia Department of Transportation, highlights how overly specific and inflexible rules of evidence can create peculiar results. Munro involved a dispute over the design of a Georgia intersection. No. A23A0404, 2023 WL 4194716 (Ga. Ct. App. June 27, 2023). The plaintiff alleged that the defendant improperly designed the intersection, never corrected that improper design, and failed to properly maintain the intersection. These claims were dismissed for a very odd reason: the plaintiff’s expert witness wasn’t old enough. The case arose from a car accident. A vehicle in which the plaintiff Munro was a passenger collided with a tractor trailer crossing an intersection. Munro sued the Georgia Department of Transportation (DOT) for negligently designing, maintaining, and inspecting the intersection. The DOT filed a motion to dismiss for lack of subject matter jurisdiction on the ground of sovereign immunity and a motion to exclude the testimony of the Munros’ expert witness, among other motions. The trial court dismissed the case in full on the sovereign immunity ground and denied the other motions as moot. The Munros appealed. Reprinted courtesy of Todd Heffner, Troutman Pepper and Di'Vennci Lucas, Troutman Pepper Read the court decision
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Mr. Heffner may be contacted at todd.heffner@troutman.com

Former Superintendent Sentenced in Rhode Island Tainted Fill Case

July 05, 2023 — James Leggate - Engineering News-Record
A federal judge sentenced a contractor’s former superintendent June 20 for misleading officials about the source of fill and quality of contaminated fill used on the $410 million Route 6/10 interchange project in Rhode Island. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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New Jersey Condominium Owners Sue FEMA

June 11, 2014 — Beverley BevenFlorez-CDJ STAFF
Owners of a 230-unit New Jersey Condominium filed suit “against the Federal Emergency Management Agency and insurers and developers, seeking coverage and alleging the building was constructed with defects that led to severe flood damage during Hurricane Sandy.” According to Law 360, “[t]he complaint from 700 Grove Condominium Association Inc. alleges that common elements of the building were damaged and will continue to be damaged from floods because of defects caused by its contractors and architects.” The owners, according to the complaint, alleged that they “made a timely claim to its insurers, but [the insurers] denied coverage.” Read the court decision
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Temporary Obstructions Are a Permanent Problem Under the Americans with Disabilities Act

March 12, 2015 — Max W. Gavron and Keith M. Rozanski – Haight Brown & Bonesteel LLP
Boxes, ladders, furniture or other objects commonly placed in aisles, walkways or paths may not be temporary obstructions and may be actionable under the Americans with Disabilities Act (ADA) according to a recent ruling by the Ninth Circuit Court of Appeals in Chapman v. Pier 1 Imports (U.S.), Inc. DBA Pier 1 Imports #1132, No. 12-16857 (filed March 5, 2015). Many property and business owners have long operated under the assumption that they are not violating ADA regulations requiring minimum clear widths for accessible routes (“[t]he minimum clear width of an accessible route shall be 36 in[ches]” (28 C.F.R. pg. 36, app. A, § 4.3.3)) when they place objects that can easily be removed in aisles or pathways such as trash cans, ladders, plants, signs and the like because temporary obstructions are not considered violations of the ADA (28 C.F.R. § 36.211(b)). Reprinted courtesy of Max W. Gavron, Haight Brown & Bonesteel LLP and Keith M. Rozanski, Haight Brown & Bonesteel LLP Mr. Gavron may be contacted at mgavron@hbblaw.com Mr. Rozanski may be contacted at krozanski@hbblaw.com Read the court decision
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Federal Interpleader Dealing with Competing Claims over Undisputed Payable to Subcontractor

September 28, 2017 — David Adelstein - Florida Construction Legal Updates
What do you do if you are holding undisputed money owed to a subcontractor? Well, you make an effort to pay it or tender it! Right? I am never a fan of a client holding undisputed sums without a legitimate contractual basis. There are circumstances, however, where the effort to pay an undisputed payable is not so easy. In fact, it is challenging, as in the below case example where the subcontractor filed for an Assignment for the Benefit of Creditors (referred to as an “ABC”). An ABC, in a nutshell, allows an insolvent entity to file an insolvency action in state court governed by state law and choose its assignee (versus a federal bankruptcy action governed by federal law where a trustee is appointed). One major difference is that there is no automatic stay in an ABC as there is in a federal bankruptcy action. Thus, the insolvent entity can still be sued, but, while that entity is in an ABC, there are many creditors that will not be able to enforce a judgment. (See Florida Statute Ch. 727). 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

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