Fairfield Connecticut Building Expert Directory

Construction Attorneys Tell DBR that Business is on the Rise

October 08, 2014 — Beverley BevenFlorez-CDJ STAFF
The Daily Business Review reported that Florida “attorneys anticipate lawsuits over construction defects, workmanship, change orders and warranties.” "We construction lawyers know this wave of litigation is coming, and we are getting ready," said attorney Jason Kellogg, a partner at Levine Kellogg Lehman Schneider + Grossman in Miami, told the Daily Business Review. Kellogg also stated that “there is a shortage of skilled workers in areas such as plumbing, electrical and other specialities that almost inevitably will lead to subpar work and defect litigation.” Read the court decision
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Fire Fears After Grenfell Disaster Set Back Wood Building in UK

May 29, 2023 — Olivia Rudgard - Bloomberg
This article is part of the Bloomberg Green series Timber Town, which looks at the global rise of timber as a low-carbon building material. To get fire department approval for their six-story London office project made of strong engineered wood known as mass timber, Theo Michell and Richard Walker had to build a full-scale section of it in the UK, ship it to Poland and attempt to set it on fire. The mockup was set alight “with enough material that replicates the fire load that you get from furniture and carpets and desks, and all the rest of it, and you see how that structure performs,” says Michell. “It was cool,” adds Walker. “It looked amazing.” Their building, called Paradise, passed the fire test and is under construction, though not without a significant drag on their budget and time. Read the court decision
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Reprinted courtesy of Olivia Rudgard, Bloomberg

Constructing a New American Dream

August 06, 2014 — Beverley BevenFlorez-CDJ STAFF
Shelley D. Hutchins in Big Builder interviewed various architects and engineers to discuss the future of home design and building. Obtaining the American Dream “means having a place of sanctuary and security as well as shelter,” Hutchins wrote. “What that house looks like and how it functions is changing to accommodate different family make-ups, population and culture shifts toward denser more integrated communities, and increasingly extreme weather patterns.” Hutchins declared, “According to experts, educators, and experimenters in the residential design and construction industry many solutions for building houses for the future involve revisiting what worked before. Combining historic research with new innovations is what will produce the best housing.” Read the court decision
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Reversing Itself, Alabama Supreme Court Finds Construction Defect is An Occurrence

April 08, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Alabama Supreme Court withdrew is prior opinion and authored a new decision finding that construction defects are an "occurrence." Owners Ins. Co. v. Jim Carr Homebuilder, No. 1120764 (Ala. March 28, 2014) [decision here]. Jim Carr Homebuilder (JCH) contracted to build a home for the Johnsons. After completion of the construction and moving in, the Johnsons noticed several problems with the house, including water leaking through the roof, walls, and floors, resulting in water damage to those and other areas of the house. When JCH was unable to satisfactorily fix the problems, the Johnsons sued, alleging breach of contract, fraud, and negligence. Owners, JCH's insurer, defended under a reservation of rights. The matter went to arbitration, where an award of $600,000 was made to the Johnsons. Owners filed a declaratory judgment action against the Johnsons and JCH. Owners argued that the property damage upon which the award was based was not the result of an "occurrence." The trial court determined that the entire arbitration award was covered under the policy. 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

Res Judicata Not Apply to Bar Overlapping Damages in Separate Suits Against Contractor and Subcontractor

November 06, 2023 — David Adelstein - Florida Construction Legal Updates
Can the doctrine of res judicata bar an owner’s claim against the general contractor after the owner also sued and obtained a satisfied judgment against the subcontractor when there are identical, overlapping damages pursued in separate lawsuits. A recent case says, not really. In Pickell v. Lennar Homes, LLC, 48 Fla.L.Weekly D2037a (Fla. 6th DCA 2023), a homeowner sued a homebuilder and the homebuilder’s mechanical subcontractor in separate lawsuits. The claims and damages asserted in the separate lawsuits were substantially identical. The homeowner obtained a judgment against the mechanical subcontractor which was satisfied (i.e., paid). The homebuilder tried to use this as a get-out-jail-free card and claimed the homeowner was barred from suing it under the doctrine of res judicata based on overlapping claims and damages.

“To successfully assert a defense of res judicata, a party must prove four “identities”: “(1) identity of the thing sued for; (2) identity of the cause of action; (3) identity of persons and parties to the action; and (4) identity of the quality of the persons for or against whom the claim is made.” Pickell, supra (citation omitted).

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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

New York Team Secures Appellate Win on Behalf of National Home Improvement Chain

September 26, 2022 — Lewis Brisbois
New York, N.Y. (August 12, 2022) - New York Appellate Partner Nicholas P. Hurzeler, with New York Partners John J. Doody and David M. Pollack, obtained a significant appellate victory on behalf of a national home improvement chain when a New York Appellate Division panel for the Second Department reduced a jury verdict by more than half. In this matter, which was covered by Law360, the plaintiff was a customer at one of the chain's stores when he was involved in a confrontation with a man and his wife as they exited the store. The chain's loss prevention official told police that the plaintiff had assaulted the female customer. As a result of the incident, the plaintiff was arrested, spent the night in jail, and was arraigned at the same courthouse where he worked as a staff attorney while wearing only an undershirt and jogging shorts. He also had to disclose his arrest on his judgeship nomination application. The charges against him were ultimately dropped after the chain's loss prevention official told prosecutors that surveillance video showed that the female customer’s assault claims were false. The plaintiff subsequently sued the home improvement chain and its loss prevention official for allegedly causing his false arrest and interfering with his career goal of securing a New York state court judgeship. At the close of the trial in this case, the jury determined that the defendant was liable for battery and false imprisonment, and awarded the plaintiff $1.8 million for pain and suffering. Read the court decision
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Reprinted courtesy of Lewis Brisbois

Architect Responds to Defect Lawsuit over Defects at Texas Courthouse

October 08, 2013 — CDJ STAFF
Lee County, Texas has sued the architect responsible for designing the drainage system at its historic courthouse. The suit seeks $1.7 million in damages to pay for replacing the defective system and repairing the building from damage sustained due to soil saturation. Dale A. Rabe responds that the county commissioners were more concerned with “beautifying the building” than on needed foundation repairs. Further, Mr. Rabe notes that “Lee County contracted directly with a civil engineering firm to design a drainage system.” But according to Mr. Rabe what they used instead was “a cheaper pump-based design to save money.” And even there, “Lee County failed to maintain the drainage system properly. Read the court decision
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White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2017

November 03, 2016 — White and Williams LLP
White and Williams received one National Tier 1 ranking and four Metropolitan Tier 1 rankings in U.S. News - Best Lawyers® "Best Law Firms" for 2017. Firms included in the “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal experience. National Tier 1 Insurance Law Metropolitan Tier 1 Boston Insurance Law Product Liability Litigation - Defendants Philadelphia Real Estate Law Tax Law Metropolitan Tier 2 Boston Mergers and Acquisitions Law Philadelphia Construction Law Insurance Law Tax and Estates Law Metropolitan Tier 3 Boston Employment Law - Management Labor Law - Management Litigation - Labor and Employment Philadelphia Patent Law Read the court decision
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