Fairfield Connecticut Building Expert Directory

Hail Damage Requires Replacement of Even Undamaged Siding

February 05, 2015 — Tred R. Eyerly – Insurance Law Hawaii
In a dispute over the property policy's requirement that lost or damaged property be repaired or replaced, the Minnesota Supreme Court held that the policy language called for replacement of undamaged siding panels to obtain a color match. Cedar Bluff Townhome Condominium Ass'n, Inc. v. Am. Family Mut. Ins. Co., 2014 Minn. LEXIS 661 (Minn. Dec. 17, 2014). During a hail storm, all 20 of Cedar Bluff's buildings sustained some damage. The roofs on all of the buildings needed to be replaced, and at least one siding panel on each building sustained damage. Eleven of the 20 buildings had three or fewer damaged panels. At the time of the hail storm, the siding was approximately 11 years old, and the color of the panels had faded. Replacement panels were available, but not in the same color. Cedar Bluff submitted a claim under its business owners' policy to American Family. The policy obligated the insurer to pay for "direct physical loss of or damage to Covered Property at the premises . . . caused by or resulting from any Covered Cause of Loss." "Covered Property" was broadly defined in the policy to include buildings at the premises. 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

Builders Seek to Modify Scaffold Law

June 28, 2013 — CDJ STAFF
New York’s scaffold law dates back to 1885 and requires contractors and building owners to take measures to protect worker from falls through “proper protection.” And although the law is more than 125 years old, Lou Colettie of the Building Trades Employers Association clams that the law “is going to destroy the construction industry.” On the other side, a former director of the NYC Central Labor Council says that builders want to get rid of the law because of “greed.” The New York Daily News notes that when workers using scaffolds or ladders are injured, the contractor must prove the site was safe. According to the claims of the building industry, this would let workers get settlements if their injuries were their own fault, such as working while intoxicated or failing to observe their employer’s safety procedures. A bill is currently working its way through the New York legislature that would make the employee’s actions relevant in an injury lawsuit. There have been past unsuccessful attempts to repeal the law, this year opponents are pushing to just amend it. Read the court decision
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Ceiling Collapse Attributed to Construction Defect

May 19, 2011 — CDJ STAFF

WSMV, Nashville reports that the ceiling collapse in a Franklin, Tennessee Kohl’s was attributed to a construction defect by fire officials. The officials noted that the ceiling was renovated at the time. No injuries were reported.

The report notes that “inspectors were supposed to look at the renovations next week, but fire officials said that will have to be delayed until another time.”

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Oregon Condo Owners Make Construction Defect Claim

January 13, 2014 — CDJ STAFF
Residents of two condominiums in Florence, Oregon have filed suits alleging that construction defects have led to water intrusion and damage. The two condominium projects were built by separate developers. Each association has brought its own lawsuit, according to an article in the Register-Guard. The Bridgeport Landing condominium owners have sued CJ Cable LLC for $2.5 million. Cindy Cable said of lawsuit, “I’ve done everything I could do to get this resolved, and I still get sued.” She said that “the only way to get it corrected is with a lawsuit.” Meanwhile, residents of the Stillwater Condominiums have sued Thomas Hornback Construction for $2.1 million. Hornback is reported to have denied the allegations made by the Stillwater owners, but says that any problems would be due to subcontractors or failure of the owners to maintain the buildings. Read the court decision
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Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures

March 22, 2017 — Garret Murai – California Construction Law Blog
We’ve written before about the Right to Repair Act (Civil Code Sections 895 et seq.). The Act, also commonly known as SB 800 after the bill that established it, applies to newly constructed residential units including single-family homes and condominiums (but not condominium conversions) sold after January 1, 2003. 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

Coverage For Advertising Injury Barred by Prior Publication Exclusion

July 01, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Ninth Circuit held that a claim for advertising injury was properly denied under the prior publication exclusion. Street Surfing, LLC v. Great Am. E&S Ins. Co., 2014 U.S. App. LEXIS 10737 (9th Cir. June 10, 2014). Street Surfing began selling a two-wheeled, inline skateboard called the "Wave" in December 2004. By 2007, Street Surfing also sold and advertised accessories for the Wave, such as "Lime Green Street Surfing Wheels for The Wave," and the "New Ultimate Street Surfer Wheel Set." Rhyn Noll, who owned the registered trademark "Streetsurfer," sued Street Surfing in June 2008, claiming trademark infringement, unfair competition and unfair trade practices. Street Surfing had known that Noll owned the "Streetsurfer" trademark since early 2005. In September 2008, Street Surfing submitted a claim for coverage to Great American and tendered Noll's complaint. 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

Federal Court Again Confirms No Coverage For Construction Defects in Hawaii

July 28, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The Hawaii federal district court confirmed its prior holdings that there is no duty to defend or indemnify for property damage caused by faulty workmanship. State Farm Fire & Cas Co. v. GP West, Inc., 2016 U.S. Dist. LEXIS 74240 (D. Haw. Jun 7, 2016). (Full disclosure - our office represents GP West in this matter). GP West, the contractor, and Air Conditioning of Maui, Inc. (AC Maui), the subcontractor, were sued by the owner of a veterinary clinic for installation of an alleged defective HVAC system. GP West contracted with the owner to build the clinic. AC Maui was the HVAC subcontractor and designed, sized and priced a HVAC system for the clinic. The underlying complaint alleged that after the building was substantially complete, the HVAC system experienced multiple equipment defects and mechanical breakdowns, and did not properly dehumidify the building. 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

Bert Hummel Appointed Vice Chair of State Bar of Georgia Bench & Bar Committee

October 24, 2021 — Bert Hummel - Lewis Brisbois
Atlanta, Ga. (October 4, 2021) – Atlanta Partner Bert Hummel was recently named Vice Chair of the State Bar of Georgia's Bench & Bar Committee for the 2021-2022 year. The Bench & Bar Committee identifies and facilitates solutions to issues of mutual interest between State judges and Georgia lawyers for the benefit of the bench, the bar and the public. It also oversees the annual Justice Thomas O. Marshall Professionalism Award, which honors one lawyer and one judge who have demonstrated the highest professional conduct and paramount reputation for professionalism. Read the court decision
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Reprinted courtesy of Bert Hummel, Lewis Brisbois
Mr. Hummel may be contacted at Bert.Hummel@lewisbrisbois.com

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