Fairfield Connecticut Building Expert Directory

The “Ugly” Property Next Door is Ruining My Property Value

September 14, 2017 — Kevin J. Parker - Snell & Wilmer Real Estate Litigation Blog
Traditional bases for private nuisance claims include circumstances where noise, light, vibration, or odor emanating from a neighboring property harm the value of your property. Such bases can be objectively verified and quantified. Courts in various states depart, however, on the issue of whether pure unsightliness of a neighboring property, which diminishes the value of your property, supports a cognizable damages claim against the neighboring property owner under the law of nuisance. Read the court decision
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Reprinted courtesy of Kevin J. Parker, Snell & Wilmer
Mr. Parker may be contacted at kparker@swlaw.com

The Leaning Tower of San Francisco

January 24, 2018 — Dave Suggs - CDJ STAFF
The Millennium Tower located at 301 Mission Street in San Francisco, California opened in 2009 and is fifty-eight stories high. It is comprised of expensive apartments with price tags in the millions. “Yet for all its curb appeal, the building has, quite literally one fundamental problem: it’s sinking into mud and tilting towards its neighbors” reports John Wetheim of CBS News in the 60 Minutes segment about the condition of the tower “San Francisco’s Leaning Tower of Lawsuits.” In the Tower’s basement along columns that protrude from the foundation of the building there are stress gauges lining the walls illustrating cracks with slow growth which is cause for concern. The tower is tilting a total of 14 inches toward the northwest and has sunk 17 inches so far. Petar Marinkovic, an engineer for the European Space Agency estimates that the tower is sinking 1.5 to 2 inches per year. Jerry Cauthen, a local engineer, weighs in on what he believes is the cause of the sinking and leaning; it was built from concrete instead of steel. “Concrete is often cheaper. And it’s just as good, but it is a lot heavier. And so you got to design your foundation and your sub-surface to support that higher weight.” A local geotechnical engineer, Larry Karp agrees stating that the foundation of a building of this size and weight should be on solid rock (bedrock). The Millennium Tower is sitting on layers debris from the 1906 earthquake, a gold rush landfill, as well as clay, mud, and sand. There over 20 parties involved in the Millennium Tower lawsuits so far. Solutions to “fix” the tower’s issues range from removing 20 stories from the top of the building to perpetually freezing the ground beneath the building. There are also ongoing mediation talks to determine the feasibility of drilling down to bedrock under a building where a thousand residents are still upstairs. Read the court decision
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U.S. Construction Value Flat at End of Summer

December 04, 2013 — CDJ STAFF
The Census Bureau has released it numbers for the value of construction put in place for September and October, and while further numbers are forthcoming, this current report shows little change. The value of construction dropped a miniscule 0.3% in September, however, residential construction actually showed a slight increase. October then showed a 0.8% increase, but then private residential construction dropped by 0.5%. In all, however, by the end of October, private residential spending was up 17.8% over the prior year. As with other sectors of public spending, public residential spending dropped 3.4% from the prior year. Read the court decision
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A Court-Side Seat: Appeals and Agency Developments at the Close of 2020

December 29, 2020 — Anthony B. Cavender - Gravel2Gavel
THE FEDERAL APPELLATE COURTS The U.S. Court of Appeals On November 23, 2020, the court, in a 2-to-1 vote, rejected the plaintiff’s request for an emergency injunction pending appeal in the case of Manzanita Band of Kumeyaay Nation, et al. v. Wolf. The majority held the requirement for such relief did not meet the requirements set forth in Winter v. NRDC, 555 US 7 (2008). Here, the plaintiffs allege that that the government’s construction of a border wall violates several environmental laws that were illegally waived by the Secretary of the Interior. Judge Millett dissented in part because the plaintiffs demonstrated a likelihood of success on the merits. She pointed to the argument that the authority of the Secretary—or Acting Secretary—to take these actions has been successfully challenged in several federal district courts. An expedited pleading schedule was established by the court. The U.S. Court of Appeals for the Fourth Circuit On November 17, 2020, in Ergon-West ,Inc. v. EPA, the court again reversed the EPA’s decision denying regulatory relief to a small refinery seeking a waiver of the renewable fuels mandate of the Clean Air Act. Ergon is a small refinery and requested relief in the basis of the economic harm that compliance would entail. In 2018, the court ruled in Ergon’s favor and remanded the case back to the agency. After relief was again denied, the court held that “Ergon has come forward with sufficient evidence undermining one aspect” of the agency’s latest decision, and the ruling was returned to EPA for additional analysis. It appears that a complicated process has become even more complicated. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Supreme Court Set to Alter Law on Key Project, Workforce Issues

December 02, 2019 — Mary B. Powers & Debra K. Rubin - Engineering News-Record
With its term now under way, the U.S. Supreme Court could change federal laws with industry impact—from where huge pipelines can be built and new regulation of pollution in groundwater to whether LGBTQ workers have anti-bias rights under the 1964 Civil Rights Act. Reprinted courtesy of Mary B. Powers, Engineering News-Record and Debra K. Rubin, Engineering News-Record Mr. Rubin may be contacted at rubind@enr.com Read the court decision
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Nine Gibbs Giden Partners Listed in Southern California Super Lawyers 2022

February 14, 2022 — Gibbs Giden Locher Turner Senet & Wittbrodt, LLP
Premiere law firm Gibbs Giden Locher Turner Senet & Wittbrodt, LLP announced that 9 of the firm's partners have been selected by their peers for inclusion in the 2022 Southern California Super Lawyers list. The Super Lawyers lists are issued by Thomson Reuters. These lists honor no more than 5% of licensed attorneys in each state, based on peer recognition and professional achievements. The following Gibbs Giden attorneys have been selected to the 2022 Southern California Super Lawyers list: LOS ANGELES Barbara Gadbois – Construction Law Sara Kornblatt – Construction Law and Litigation William (Bill) Locher - Real Estate and Business Law Ted Senet – Insurance and Construction Law Glenn Turner – Construction Law and Litigation Richard Wittbrodt – Construction Law and Litigation, AAA Mediator/Arbitrator IRVINE Philip Zvonicek – Business, Corporate, Construction, Insurance Law WESTLAKE Jason Adams – Construction and Insurance Law Christopher Ng – (Managing Partner) Construction and Business Law Gibbs Giden understands the complex challenges companies face in today’s competitive business environment. From our roots in construction law to our evolution into a premier law firm serving the diverse needs of the business community, we provide the insight and advice our clients need to position themselves for the future. www.gibbsgiden.com LOS ANGELES | IRVINE | SAN JOSE | WESTLAKE | LAS VEGAS Read the court decision
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Why Do Construction Companies Fail?

February 14, 2023 — The Hartford Staff - The Hartford Insights
If a construction company takes on a lot of work, it’s a good thing, right? Not exactly. In fact, overextension is one of the primary reasons why contractors fail. And it’s something that contractors should consider as a priority for their risk management plan. Of the 43,277 construction businesses that started in March 2011, only 37.6% of companies survived 10 years later.1 “The construction industry has a high rate of failure,” explains Tim Holicky, senior executive underwriter in The Hartford’s construction central bond team. “And more often than not, it’s because of too much work, rather than too little of it. The key to a contractor’s long-term survival is knowing when to say no.” Read the court decision
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Reprinted courtesy of The Hartford Staff, The Hartford Insights

Speculative Luxury Homebuilding on the Rise

April 08, 2014 — Beverley BevenFlorez-CDJ STAFF
Forbes reported that there is a “comeback in speculative building of luxury homes in centers of wealth across the country.” “The appearance of spec homes in the upper price range is an indication of the maturation of the housing cycle,” Stuart Gabriel, director of the Ziman Center for Real Estate at UCLA, told Forbes. “It’s an indication of increasing levels of confidence on the part of home builders.” Dana Kuhn, of the Corky McMillin Center for Real Estate at San Diego State University, stated that she “would expect luxury buyers to want more design control than can be afforded them if the house is mostly complete when they make their purchase.” But the article showed the flip side: Some luxury buyers are “too busy to bother with such involvement” and even prefer to buy the house fully furnished. Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES