Fairfield Connecticut Building Expert Directory

Being deposed—not just for dictators! Depositions in the construction lawsuit (Law & Order: Hard Hat files Part 5)

January 17, 2013 — Melissa Dewey Brumback, Construction Law in North Carolina
My husband always finds it amusing when I talk about going “to depose” somebody. He wants to know just exactly what sort of coup d’etat I am planning. Despite the awkward language, the deposition process is not supposed to feel like water boarding, although if you don’t know what to expect it can be more miserable than truly necessary. Simply put, a deposition is a chance for the other side’s lawyer to make you answer a whole bunch of questions (some relevant, some seemingly irrelevant) under oath. That is, first you put your hand on the Bible and swear (or affirm) to tell the truth, the whole truth, and nothing but the truth. In reality, depositions serve a variety of purposes– they educate the lawyers about the facts of the case, they give a preview of how you would “present” to a jury (i.e., would a jury like and believe you?), and they can be used to position a case for certain later dispositive motions (that is, summary judgment– stay tuned for Part 8 of the series on that issue). Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback
Ms. Brumback can be contacted at mbrumback@rl-law.com

Will the AI Frenzy Continue in 2025?

January 14, 2025 — Aarni Heiskanen - AEC Business
In AEC technology, 2024 was undoubtedly the year of AI. Every company seemed to announce its pledge to embrace artificial intelligence in the coming years, not to mention the numerous startups that peppered their pitch decks with promises of bleeding-edge innovation. Tech developers who had been using machine learning before the generative AI boom were delighted. They no longer needed to invest significant resources in convincing the industry of AI’s potential. The mainstream success of generative AI in 2024 created a ripple effect, making AEC firms eager to explore and adopt AI solutions. Many all-digital startups also got a boost from the AI frenzy, even though many significant innovations happened in hardware and material technology that did not rely on AI. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Builder Exposes 7 Myths regarding Millennials and Housing

January 12, 2015 — Beverley BevenFlorez-CDJ STAFF
Builder Magazine discussed seven myths regarding Generation Y and housing, and stated whether it was fact or fiction. First, they answered whether “Millennials Carry Historically High Student Debt Levels,” (True), and second they concluded it was true that “Millenials Can’t Afford Down Payment at Today’s Standards.” However, Builder was split on whether “Millennials Will Pay a Premium for Green and Tech Features.” Read the court decision
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U.S. Codes for Deck Attachment

July 16, 2014 — Beverley BevenFlorez-CDJ STAFF
Ted Cushman in Big Builder explained how “decks often collapse when the ledger attachment to the main house fails.” Now, codes require “positive attachment…a solid connection with closely spaced lag screws (or better yet, bolts)." Cushman demonstrated this pictorially in a detail. He also stated to make sure to fasten securely, remove siding, and install flashing. Read the court decision
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No Coverage for Negligent Misrepresentation without Allegations of “Bodily Injury” or “Property Damage”

February 10, 2012 — Tred R. Eyerly - Insurance Law Hawaii

Jeff City Industries was the general contractor for a sewer system improvement project in Branson, Missouri. Bituminous Cas. Corp. v. United HRB Gen. Contractors, Inc., 2011 U.S. Dist. LEXIS 145666 (W.D. Mo. Dec. 19, 2011). Branson sued Jeff City, alleging breach of the construction contract for the project. The claims included improperly bedded sewer piping, improper aligning portions of trenching for the sewer piping, improper service line connections to the sewer piping, etc.

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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Texas Plans a Texas-Sized Response to Rising Seas

June 27, 2022 — Francis Wilkinson - Bloomberg
In coastal Texas and many other places, walled cities are making a comeback. It’s quite a turnabout, as the efficacy of defensive walls had declined precipitously since the age of the long bow. Barbarians still menace, of course. But the rekindled enthusiasm for defensive walls is a response to a different kind of threat. San Francisco is contemplating a huge tidal wall across its bay to fend off sea rise and the attendant dousing of some of the world’s most expensive real estate. Miami is weighing the damage a sea wall would do to tourist vistas against the damage a rising sea might do absent a wall. New Orleans, after $14 billion in levee construction, is an armored metropolis. Norfolk, Virginia, another low-lying city exposed to a surging sea, is spending a few hundred million federal dollars on a downtown sea wall. New York City, which has flooded in two devastating storms so far this century, is building a $1.45 billion series of walls, floodgates and underground drainage, a modest down payment on the city’s defense against rising tides and storm surge. Read the court decision
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Reprinted courtesy of Francis Wilkinson, Bloomberg

Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse

October 28, 2015 — Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLP
In Grebow v. Mercury Insurance Company (No. B261172, filed 10/21/15), a California appeals court held that coverage for collapse in a homeowners policy does not extend to prophylactic repairs undertaken to mitigate damage before actual collapse of the structure. In Grebow, the insureds had a general contractor inspect the rear deck of their house because of recurring watermarks. The contractor discovered severe decay in the steel beams and poles supporting the second floor of the house. He opined that they could not support the upper portion of the house, and that a large portion of the house would fall. A structural engineer agreed, blaming decay and corrosion. The insureds were advised not to enter the top part of the house, and they contracted for repairs. They also made a claim to Mercury, which denied coverage. The insureds ultimately spent $91,000 out of pocket having the home remediated. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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Legal Implications of 3D Printing in Construction Loom

July 10, 2018 — Aldo E. Ibarra - Engineering News-Record
Imagine a printer in the middle of a construction site programmed with a designer’s plans and specifications to build an entire home from scratch. As concrete is fed into the printing device, a technician hits enter on her computer and a 3D printer starts fabricating the structure’s walls and roof. Read the court decision
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Reprinted courtesy of Aldo E. Ibarra, ENR
ENR staff may be contacted at ENR.com@bnpmedia.com

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