Fairfield Connecticut Building Expert Directory

Register and Watch Partner John Toohey Present on the CLM Webinar Series!

October 11, 2021 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara is proud to announce that Partner John Toohey was invited to speak on a panel for the CLM Webinar Series alongside Attorney Rembold Hirschman, and Senior Claims Examiner Brett Reuter. John and his industry peers recently presented on the topic Handling Construction Defect Cases in Arbitration: The Good and the Bad. About the webinar: Unfortunately, many construction projects end in dispute and the parties frequently find themselves in the middle of uncharted territory – arbitration! Subscribe and watch as they explore the pitfalls, debunk the myths, and discuss the benefits of arbitration in construction disputes. About John Toohey: John H. Toohey is a Partner for Bremer Whyte Brown & O’Meara, LLP. Mr. Toohey is an A.V. Preeminent rated attorney with a practice focused on contract negotiation and litigation, complex product liability, and construction. He has successfully represented hundreds of clients in alternative dispute resolution and trial, including multiple cases to jury verdict. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

Hydrogen Powers Its Way from Proof of Concept to Reality in Real Estate

May 10, 2021 — Victoria Judd, Sidney L. Fowler & Robert G. Howard - Gravel2Gavel Construction & Real Estate Law Blog
Hydrogen is the new buzzword in every industry, and real estate is no exception. Hydrogen does not emit carbon dioxide when burnt and could therefore help reduce the climate impact of buildings, which in aggregate represent one of the biggest emitters of greenhouse gases after industry and surface transport. To the extent that hydrogen is to become an important power source globally, it will need to enter the domestic power market. The first step appears to be the development of pilot villages. In the UK, there are several hydrogen trials in uninhabited properties or in closed private networks. There are some uninhabited houses on a Royal Air Force base in Cumbria that are exclusively heated with hydrogen and also a private gas network at Keele University which uses 20 percent hydrogen blended with natural gas. In addition, there is a small village near Newcastle that is being used as a test case: for a period of 10 months starting in spring 2021, up to 20 percent hydrogen will be blended into the natural gas network so that more than 650 homes can be partially heated by hydrogen. It is expected that a small number of additional villages will be able to heat their homes with 100 percent hydrogen as soon as 2022, with a scale up to have a hydrogen town by 2030. Reprinted courtesy of Victoria Judd, Pillsbury, Sidney L. Fowler, Pillsbury and Robert G. Howard, Pillsbury Ms. Judd may be contacted at victoria.judd@pillsburylaw.com Mr. Fowler may be contacted at sidney.fowler@pillsburylaw.com Mr. Howard may be contacted at robert.howard@pillsburylaw.com Read the court decision
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You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement

March 16, 2020 — David Adelstein - Florida Construction Legal Updates
Regardless of the type of contract you are dealing with, “[a]rbitration provisions are contractual in nature, and therefore, construction of such provisions and the contracts in which they appear is a matter of contract interpretation.” Wiener v. Taylor Morrison Services, Inc., 44 Fla. L. Weekly D3012f (Fla. 1st DCA 2019). This means if you want to preserve your right to arbitrate claims you want to make sure your contract unambiguously expresses this right. Taking this one step further, if you want to make sure an arbitrator, and not the court, determines whether the claim is arbitrable if a dispute arises, you want to make sure that right is expressly contained in the arbitration provision. For example, in Wiener, a homeowner sued a home-builder for violation of the building code – a fairly common claim in a construction defect action. The homeowner’s claim dealt with a violation of building code as to exterior stucco deficiencies. The home-builder moved to compel the lawsuit to arbitration based on a structural warranty it provided to the homeowner that contained an arbitration provision. The structural warranty, however, was limited and did not apply to non-load-bearing elements which, per the warranty, were not deemed to have the potential for a major structural defect (e.g., a structural defect to load-bearing elements that would cause the home to be unsafe or inhabitable). The trial court compelled the dispute to arbitration pursuant to the arbitration provision in the structural warranty. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Owners Should Serve Request for Sworn Statement of Account on Lienor

August 10, 2017 — David Adelstein - Florida Construction Legal Updates
When an owner receives a construction lien, an owner should serve the lienor with a Request for Sworn Statement of Account. The Request for Sworn Statement is authorized by Florida Statute s. 713.16(2) and should be in the following form: REQUEST FOR SWORN STATEMENT OF ACCOUNT WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT, SIGNED UNDER OATH, WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL RESULT IN THE LOSS OF YOUR LIEN. To: (Lienor’s name and address) The undersigned hereby demands a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement for the improvement of real property identified as (property description) . (name of contractor) (name of the lienor’s customer, as set forth in the lienor’s Notice to Owner, if such notice has been served) (signature and address of owner) (date of request for sworn statement of account) From both an owner and lienor’s perspective, the bolded, capitalized language is key. It states that if the lienor fails to respond under oath within 30 days, it will LOSE its lien. That is a very punitive measure for a lienor’s failure to respond, meaning a lienor should absolutely respond, no questions asked. Plus, a lienor’s response to a Request for Sworn Statement of Account is not a burdensome ordeal. 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

Ambiguity Kills in Construction Contracting

February 15, 2018 — Christopher G. Hill – Construction Law Musings
Well, I’m back and hope to have a more consistent publishing schedule moving forward. I appreciate the continued readership through what has been a busy time for my solo construction practice over the last couple of months. Now, back to our program. . . Here at Construction Law Musings, I have often beaten the drum of a solid contract that leaves as little as possible to chance or the dreaded “grey areas” where we construction lawyers like to make money. An example of the issues that can arise from ambiguity can be found in a case from 2017 in the Western District of Virginia, W.C. English, Inc. v. Rummel, Klepper & Kahl, LLP et al Read the court decision
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Reprinted courtesy of Christopher G. Hill – The Law Officeof Christopher G. Hill, PC

Gene Witkin Joins Ross Hart’s Mediation Team at AMCC

March 01, 2021 — Arbitration Mediation Conciliation Center (AMCC)
AMCC is pleased to announce Gene Witkin joining Ross Hart’s mediation team effective March 1 this year. Prior to joining our esteemed roster of neutrals, Mr. Witkin was active in complex litigation, insurance disputes, and conflict resolution in numerous different states and venues throughout the United States for more than thirty years. In 2000, he co-founded the law firm Menter & Witkin LLP that focused in large part on risk sharing and funding of large lawsuits, which gave him the diverse experience of representing both plaintiffs and defendants, as well as third-party defendants and insurance companies. Mr. Witkin completed mediator training at National Conflict Resolution Center in 2017, and is an AV Rated “Preeminent Attorney” by Martindale-Hubbell (highest rating) and “Super Lawyer” every year since 2015. He may be contacted at g.witkin@amccenter.com or through AMCC at (800) 645-4874. Reprinted courtesy of Arbitration Mediation Conciliation Center (AMCC) Read the court decision
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Investigation of Orange County Landslide

June 02, 2016 — Beverley BevenFlorez-CDJ STAFF
On May 29th, a landslide occurred in Newport Beach, California “about 100 yards below homes on Tidal Surf, Newport Beach Battalion Chief Justin Carr” according to the Orange County Register. Carr stated that the “slide measured about 150 yards wide and about 40 feet in length.” A building inspector and a geologist inspected the site to determine the danger, if any, to the homes in the neighborhood. The Orange County register reported that it has not been determined whether a recent earthquake in the area caused the landslide. Read the court decision
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NYPD Investigating Two White Flags on Brooklyn Bridge

July 23, 2014 — Chris Dolmetsch – Bloomberg
The New York City Police Department is trying to figure out who replaced the American flags that fly atop the Brooklyn Bridge with white banners. The replacement flags were discovered this morning on the towers at opposite ends of the bridge, where the Stars and Stripes are normally displayed, and were removed, police said. The NYPD’s Counterterrorism Bureau and Emergency Service Unit are probing the incident and reviewing surveillance video to determine who replaced the flags and when the act took place, police said. Read the court decision
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Reprinted courtesy of Chris Dolmetsch, Bloomberg
Mr. Dolmetsch may be contacted at cdolmetsch@bloomberg.net

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES