Fairfield Connecticut Building Expert Directory

Facebook Posts “Not Relevant” Rules Florida Appeals Court

February 07, 2014 — Beverley BevenFlorez-CDJ STAFF
A Cape Coral, Florida resident is suing the city and construction companies over alleged negligence “for failing to use reasonable care in keeping the construction site safe for pedestrians,” according to News-Press. The lawsuit was filed after a three-year old boy “jumped out of a wagon pulled by his aunt and darted across the construction zone before being” hit and dragged by a vehicle. The boy “suffers neurological problems from the crash.” The defendants wanted to use Facebook posts made by the Plaintiff about the city, contractors, and subcontractors, as evidence. However, the 2nd District Court of Appeals ruled that the Facebook posts were irrelevant to the case. Todd Robert Falzone, the Plaintiff attorney, said that “it’s becoming more common for defense lawyers to try and introduce social media into any case, but the law is new and there isn’t a lot of guidance for lawyers or judges,” according to News-Press. The defendants’ attorneys did not return News-Press’s calls asking for comments. Read the court decision
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Evaluating Smart Home Technology: It’s About More Than the Bottom Line

May 03, 2021 — James W. McPhillips & Rachel Newell - Gravel2Gavel Construction & Real Estate Law Blog
Outfitting a commercial real estate space with smart technology can be a significant cost. While the long-term benefits and strategic improvements we’ve discussed previously can make that investment worthwhile, the evaluation period is critical to ensure an impactful ROI. Property developers, owners, and managers should undertake a rigorous evaluation process to ensure the technology procurement aligns with the project’s overall financial plan. And this is not just about getting the cost right. If the technology does not meet the needs of the space, then all the smart technology in the world will not prevent the project from being a sunk cost. Do the Research so You Know … The Technology. While the RFP is a key step of the procurement process, a more informal research phase should be undertaken first. Smart technology is a rapidly evolving field, and before reaching out to vendors, the business should ensure that it understands what is available—both in terms of the kinds of technology that can be implemented, and the various companies that offer solutions. Gathering this information early will yield results that align more closely with a particular building’s needs. Reprinted courtesy of James W. McPhillips, Pillsbury and Rachel Newell, Pillsbury Mr. McPhillips may be contacted at james.mcphillips@pillsburylaw.com Ms. Newell may be contacted at rachel.newell@pillsburylaw.com Read the court decision
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Florida Governor Signs Construction Defect Amendments into Law

September 17, 2015 — Beverley BevenFlorez-CDJ STAFF
According to Jeffrey Gilbert and Anaysa Gallardo Stutzman of Cozen O’Connor, Rick Scott, governor of Florida, signed HB 87 into law, which “amends the notice and opportunity to cure provisions of Chapter 558, Florida’s Construction Defect Statute.” The amendments go into effect October first. HB 87 requires “property owners to provide concrete details of the alleged defects.” Gilbert and Stutzman claimed, “Overall, these amendments seek to further the intended public policy purpose of Chapter 558, which is to provide an alternative dispute resolution mechanism and result in fewer lawsuits and lower litigation costs incurred by parties involved in construction defect matters.” Read the court decision
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California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different, Special Even

November 21, 2017 — Garret Murai - California Construction Law Blog
Originally published by CDJ on April 20, 2017 Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a winning bidder who failed to pay its workers prevailing wages, under the business tort of intentional interference with prospective economic advantage. Fast forward nearly two years, several amicus briefs, and “one doghouse”* later and the California Supreme Court has . . . reversed. The Roy Allan Slurry Seal Case To catch you up, or rather, refresh your recollection . . . Between 2009 and 2012, American Asphalt South, Inc. was awarded 23 public works contracts totaling more than $14.6 million throughout Los Angeles, Orange, San Bernardino and San Diego counties. Two of the losing bidders on those projects – Roy Allan Slurry Seal, Inc. and Doug Martin Contracting, Inc. – sued American in each of these counties for intentional interference with prospective economic advantage as well as under the Unfair Practices Act (“UPA”) (Bus. & Prof. Code §§ 17000 et seq.) and the Unfair Competition Law (“UCL”) (Bus. & Prof. Code §17200). 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

Remote Trials Can Control Prejudgment Risk

September 07, 2020 — Robert G. Devine, Victor J. Zarrilli & Kimberly M. Collins - White and Williams LLP
While courts across the country are largely unavailable to litigants demanding a jury trial, pre-judgment interest rules present an increasing penalty risk to a defendant wanting its day in court and may not always make a plaintiff whole. The COVID-19 pandemic has altered the manner in which people and industries operate across the board. In light of the need to maintain social distancing whenever possible, the use of technology to replace in-person appearances is becoming more commonplace. As more attorneys become comfortable with the remote platform, the willingness to consider a remote trial grows. With in-person jury trials suspended until further notice, it is important for attorneys and parties to consider the attendant consequences of the indefinite delay in waiting for a traditional jury trial. Aside from general inconvenience, continued delays may have a substantial financial impact, particularly with regard to the accumulation of pre-judgment interest. Reprinted courtesy of White and Williams LLP attorneys Robert G. Devine, Victor J. Zarrilli and Kimberly M. Collins Mr. Devine may be contacted at deviner@whiteandwilliams.com Mr. Zarrilli may be contacted at zarrilliv@whiteandwilliams.com Ms. Collins may be contacted at collinsk@whiteandwilliams.com Read the court decision
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Fannie Overseer Moves to Rescue Housing With Lower Risk to Lenders

May 21, 2014 — Kathleen M. Howley – Bloomberg
Melvin Watt, the overseer of Fannie Mae and Freddie Mac, broke five months of silence to help boost lending as slowing sales threatens the housing recovery. Watt, 68, in his first speech as director of the Federal Housing Finance Agency, announced new rules to reduce the risk that lenders will have to repurchase bad mortgages. The changes, designed to allow banks to relax credit standards, probably will increase housing sales by 5 percent this year, said Stephanie Karol, an economist at Englewood, Colorado-based research firm IHS Inc. “It means a restart for the real estate recovery,” said Mark Zandi, chief economist of Moody’s Analytics Inc. “We’re not going to get back on track until we start making credit more available to potential buyers.” He said he expects Watt’s moves to spur “meaningful” sales growth. Read the court decision
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Reprinted courtesy of Kathleen M. Howley, Bloomberg
Ms. Howley may be contacted at kmhowley@bloomberg.net

Whose Employee is it Anyway?: Federal Court Finds No Coverage for Injured Subcontractor's Claim Based on Modified Employer's Liability Exclusion

September 28, 2020 — Jeffrey J. Vita & Kerianne E. Kane - Saxe Doernberger & Vita
In Nagog Real Estate Consulting Corp. v. Nautilus Insurance Co.,1 the United States District Court for the District of Massachusetts held that an insurer had no duty to defend its insureds against claims brought by an injured subcontractor, based on an overbroad employer’s liability exclusion in the policy. Nautilus Insurance Company issued a commercial general liability policy to developer Nagog Homes LLC and its related construction company, Nagog Real Estate. The policy was endorsed with an Employer’s Liability Exclusion (the L205 Endorsement) that expanded the scope of the standard exclusion in the coverage form to include bodily injury claims of employees of “any” insured and their contractors or subcontractors, as opposed to simply the employees of the named insured. Nagog Homes was the developer, and Nagog Real Estate was the general contractor for a residential construction project. An employee of the framing subcontractor hired by Nagog Real Estate was injured while working on the project and sued both Nagog entities for his injuries. Nautilus, relying on the modified employer’s liability exclusion, denied coverage for the lawsuit based on allegations that the Nagog entities hired the framing subcontractor to perform work, which effectively made the plaintiff an employee of one or both of the Nagog entities. Reprinted courtesy of Jeffrey J. Vita , Saxe Doernberger & Vita and Kerianne E. Kane, Saxe Doernberger & Vita Mr. Vita may be contacted at jjv@sdvlaw.com Ms. Kane may be contacted at kek@sdvlaw.com Read the court decision
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Rams Owner Stan Kroenke Debuts His $5.5 Billion Dream Stadium

September 14, 2020 — Christopher Palmeri - Bloomberg
The first thing you notice that’s different about SoFi Stadium is that you can walk from the parking lot almost directly into the fifth level of the arena. There’s no passing through gate after gate or ascending endless circular walkways. Construction workers dug up over 7 million cubic yards of dirt to build an arena that sits 100 feet (30 meters) below grade. It’s one of the many features that make SoFi, the National Football League’s biggest stadium, surprisingly visitor-friendly. Not that fans will be able to experience it just yet. When the stadium debuts Sunday with the first game of the Los Angeles Rams’ season, it will be spectator-free -- the result of pandemic-spurred restrictions on gatherings. But it will still be a spectacle. Read the court decision
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Reprinted courtesy of Christopher Palmeri, Bloomberg

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