Fairfield Connecticut Building Expert Directory

Damage to Plaintiffs' Home Caused By Unmoored Boats Survives Surface Water Exclusion

April 06, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The magistrate's recommended decision found that damage to plaintiffs' home caused by boats that became loose during Hurricane Sandy was not barred as "water borne material" under the surface water exclusion. Spindler v. Great N. Ins. Co., 2016 U.S. Dist. LEXIS 16532 (E.D. N. Y. Feb. 2, 2016). Plaintiffs' home abutted the East Bay. The property had an exterior deck and a long dock that floated on the bay. Hurricane Sandy damaged plaintiffs' home and dock. A neighbor witnessed two boats, driven by the storm, repeatedly strike plaintiffs' dock, house, and deck. There was no dispute that water infiltrated plaintiffs' yard prior to the entry of the boats. Plaintiffs spent $286,280 to repair damaged items from the storm. 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

How the Science of Infection Can Make Cities Stronger

November 13, 2023 — Carlo Ratti & Michael Baick - Bloomberg
Earlier this year, a group of European researchers published a study with a scorching conclusion: As climate change makes heat waves more prevalent across the continent, the city most vulnerable to excess heat deaths is not a warm southern metropolis, but the relatively cool city of Paris. Why? In part, the reason is that historically hotter cities have developed adaptations for dealing with extreme heat, from the shady architecture of Palermo to the siestas of Madrid. That leaves Paris at the bottom of a deadly learning curve. This is just one urgent example of why cities need to talk. The world has an incredible stockpile of effective urban policies, but the best ideas are not being adopted quickly or widely enough. Covid-19 taught us all how to slow the spread of viruses: wear masks, avoid large gatherings and take vaccines. To speed the spread of good ideas, we need to take the opposite tack by making urban solutions go viral. Reprinted courtesy of Carlo Ratti, Bloomberg and Michael Baick, Bloomberg Read the court decision
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Injured Subcontractor Employee Asserts Premise Liability Claim Against General Contractor

March 22, 2021 — David Adelstein - Florida Construction Legal Updates
In an interesting opinion, an injured employee of an electrical subcontractor sued the general contractor of a parking garage project under a premise liability theory after being injured when stepping on an uncovered floor drain at the project site. There is no discussion in the opinion as to workers compensation immunity. Rather, the discussion centers on the injured employee’s premise liability claim as to whether the general contractor “breached its duty to maintain the premises in a reasonably safe condition by leaving the drain uncovered and failing to warn of the danger of the uncovered drain.” Pratus v. Marzucco’s Construction & Coatings, Inc., 46 Fla.L.Weekly D186a (Fla. 2d DCA 2021) The trial court granted summary judgment in favor of the general contractor finding that the drain was open and obvious on the site. The Second District Court of Appeal reversed the summary judgment with a discussion as to premise liability claims, particularly as it pertains to a business invitee, which is what the injured employee of the electrical subcontractor was. 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

Thanks for the Super Lawyers Nod for 2019!

May 20, 2019 — Christopher G. Hill - Construction Law Musings
It is with humility and a sense of accomplishment that I announce that I have been selected for the third straight year to the Virginia Super Lawyers in the Construction Litigation category for 2019. Add this to my recent election to the Virginia Legal Elite in Construction and I’ve had a pretty good year. As always, I am thrilled to be included on these peer elected lists. So without further ado, thank you to my peers and those on the panel at Virginia Super Lawyers for the great honor. I feel quite proud to be part of the 5% of Virginia attorneys that made this list for 2019. The full lists of Virginia Super Lawyers will appear in the May edition of Richmond Magazine. Please check it out. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

FAA Plans Final Regulation on Commercial Drone Use by Mid-2016

June 17, 2015 — Rachel Adams-Heard and Alan Levin – Bloomberg
The Federal Aviation Administration intends to issue final regulations for operating small commercial drones by the middle of 2016, a top administrator told a U.S. House committee Wednesday. “The rule will be in place within the year,” FAA Deputy Administrator Michael Whitaker said at the House Oversight Committee hearing. He said, “hopefully before June 17, 2016.” While the FAA has previously said it was seeking to complete the rule as swiftly as possible, Whitaker’s comments in answering lawmakers’ questions are the most specific yet about timing. Reprinted courtesy of Rachel Adams-Heard, Bloomberg and Alan Levin, Bloomberg Read the court decision
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Mexico’s Construction Industry Posts First Expansion Since 2012

August 13, 2014 — Brendan Case – Bloomberg
Mexico’s construction industry expanded in June for the first time in 19 months, adding to signs that the economy is rebounding after missing analyst estimates in seven of the last eight quarters. Construction increased 2.2 percent from the year earlier, helping industrial production to expand 2 percent, according to data released today by the national statistics agency. The median estimate of 19 economists surveyed by Bloomberg was for industrial output to rise 2.1 percent. “Industrial activity continued strengthening in June, very much in line with what the market expected,” Mario Correa, the chief Mexico economist at Bank of Nova Scotia, said in a note to clients today. “The construction industry finally showed a positive growth rate.” Read the court decision
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Reprinted courtesy of Brendan Case, Bloomberg
Mr. Case may be contacted at bcase4@bloomberg.net

Toolbox Talk Series Recap - Undocumented Change Work

October 15, 2024 — Douglas J. Mackin - The Dispute Resolver
In the August 29, 2024 edition of Division 1's Toolbox Talk Series, Don Rea presented on the causes of undocumented change order work and what actions parties to a construction project can take to protect themselves, which compliments and reinforces some of the key points from the May 30, 2024 Toolbox Talk on maximizing profits while experiencing changes during project performance. Article 7 of AIA A201 General Conditions covers (i) change orders, (ii) constructive change directives, and (iii) “minor changes.” Work that falls outside the scope of the construction contract will often fit into one of these three categories. Rea’s presentation focused on the fact that, regardless of which category applies, proper documentation of the change work is vital. Read the court decision
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Reprinted courtesy of Douglas J. Mackin, Cozen O’Connor
Mr. Mackin may be contacted at dmackin@cozen.com

Contractor Sues Yelp Reviewer for Defamation

February 05, 2014 — Beverley BevenFlorez-CDJ STAFF
Contractor Christopher Dietz sued Jane Perez, a Virginia homeowner who “wrote a pair of scathing reviews of his services” on Yelp, according to Yahoo Finance. Dietz sued for “defamation and” sought “$750,000 in damages.” The Fairfax, Virginia jury did find the reviews to be defamatory, but they also “found that Dietz had defamed her as well when he responded to her negative reviews with accusations of his own.” The jury decided that “neither deserved to recoup damages.” Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES