Fairfield Connecticut Building Expert Directory

City Covered From Lawsuits Filed After Hurricane-Damaged Dwellings Demolished

January 15, 2014 — Tred R. Eyerly - Insurance Law Hawaii
The Fifth Circuit affirmed the District Court's finding that a duty to defend was owed St. Bernard Parish after it was sued for condemning and demolishing housing destroyed by Hurricane Katrina. Lexington Ins. Co. v. St. Bernard Parish Gov't, 2013 U.S. App. LEXIS 24292 (5th Cir. Dec. 6, 2013). St. Bernard's policies with Lexington provided coverage for "property damage" and "personal and advertising injury." The policies included a $10,000,000 per occurrence and aggregate limit, subject to a $250,000 retained limit. Lexington denied coverage and filed for a declaratory judgment that the policies' $250,000 retained limit applied separately to each alleged demolition or property damage asserted in the underlying actions. Under this theory, no defense would be owed because no property had a value exceeding $250,000. The District Court found that only one retained limit applied. 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

Paycheck Protection Program Forgiveness Requirements Adjusted

June 29, 2020 — Jacob W. Scott - Smith Currie
On June 5, 2020, the President signed into law the Paycheck Protection Program Flexibility Act of 2020, amending portions of the Paycheck Protection Program (“PPP”). Most importantly, the PPP Flexibility Act adjusted the forgiveness requirements for PPP loans. The CARES Act allowed borrowers to apply for forgiveness of loan amounts used for payroll and other covered costs during an eight-week period beginning on the date of origination, or by June 30, 2020, whichever came first. The CARES Act also allowed borrowers to use the loan funds by June 30 to restore employee and payroll levels that had been reduced as a result of COVID-19. The Small Business Administration instructed borrowers that at least 75% of the loan funds had to be used to cover payroll costs during the covered period to be eligible for forgiveness. Read the court decision
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Reprinted courtesy of Jacob W. Scott, Smith Currie
Mr. Scott may be contacted at jwscott@smithcurrie.com

CA Homeowners Challenging Alternate Pre-Litigation Procedures

April 15, 2014 — Beverley BevenFlorez-CDJ STAFF
Garret Murai on his California Construction Law blog discussed how some homeowners have challenged homebuilders who use alternative pre-litigation procedures instead of the rules of California’s Right to Repair Act (SB 800). “The Right to Repair Act, which was intended to help curb the then rising tide of residential construction defect litigation, provides mandatory pre-litigation procedures which must be followed in construction defect cases involving new residential construction,” Murai explained. “One of the major exceptions to the statutory pre-litigation procedures under SB 800, however, is that a homebuilder can opt to use its own alternative pre-litigation procedures if disclosed to a homebuyer.” Murai used The McCaffrey Group, Inc. v. Superior Court case to demonstrate that homeowners can challenge the builder’s use of alternative pre-litigation procedures, and win if they can prove that the alternate procedures are “unconscionable.” “For homebuilders, the take away is that, sure you can adopt your own alternative pre-litigation procedures under the Right to Repair,” Murai stated, “but if you do just know that they may be challenged by homeowners who may contend that they are unconscionable, which kinda defeats the whole idea behind SB 800 which was intended to reduce the amount of litigation the first place.” Read the court decision
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Here's Proof Homebuilders are Betting on a Pickup in the Housing Market

April 15, 2015 — Victoria Stilwell – Bloomberg
Homebuilders have caught spring fever. Confidence among U.S. builders, measured by the National Association of Home Builders/Wells Fargo sentiment gauge, increased in April for the first time in five months. The group's measure of the sales outlook for the next six months climbed to the highest level since December, while a gauge of prospective buyer traffic also rose. With the housing market posting only middling progress in recent months, the fact that construction companies are optimistic is a good sign, especially heading into the crucial spring-selling season. The period usually starts in mid-February, with deals picking up the following months as the weather warms. What's more encouraging, though, is that builders seem to be putting money where their mouths are. Read the court decision
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Reprinted courtesy of Victoria Stilwell, Bloomberg

NYC-N.J. Gateway Rail-Tunnel Work May Start in 2023

March 28, 2022 — Elise Young - Bloomberg
The $12.3 billion Gateway rail tunnel linking New York City and New Jersey has reached a major preconstruction milestone with the completion of geotechnical studies necessary for the engineering phase. The analysis of rock and silt from 75 earth samples on both sides of the Hudson River marks the latest in a series of swift leaps toward a potential 2023 start date. The project had been delayed years by former President Donald Trump, who had argued that costs should be covered solely by the states, not U.S. taxpayers. The samples, from depths of 48 feet to 505 feet (14.6 meters to 154 meters), will guide design, according to the Gateway Development Commission, the project’s overseer. Some areas of particular interest to the researchers were on Manhattan’s West Side, parts of which were underwater before landfill was added many years ago. Read the court decision
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Reprinted courtesy of Elise Young, Bloomberg

Baltimore Bridge Collapse Occurred After Ship Lost Power Multiple Times

May 28, 2024 — Allyson Versprille - Bloomberg
The container ship that rammed into Baltimore’s Francis Scott Key Bridge in March lost power multiple times on both the day of the fatal accident and the day before, according to a preliminary report. The Dali, which sails under the flag of Singapore, lost power twice on March 26 before hitting the bridge and causing it to collapse, killing six construction workers who were on the structure at the time. The first blackout was caused when electrical breakers powering most of the vessel’s equipment and lighting unexpectedly tripped, the National Transportation Safety Board said in a report Tuesday. The crew eventually was able to restore electrical power, but then a second blackout occurred only 0.2 miles from the bridge. They regained power, but the ship lacked the propulsion needed to avoid striking the bridge, safety inspectors found. Read the court decision
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Reprinted courtesy of Allyson Versprille, Bloomberg

Loan Snarl Punishes Spain Builder Backed by Soros, Gates

July 30, 2014 — Katie Linsell, Manuel Baigorri and Ruth David – Bloomberg
Pressure is mounting on Esther Koplowitz to refinance personal loans before a deadline tomorrow and allow a Spanish builder that counts Bill Gates and George Soros among investors to resolve its own debt tangle. Koplowitz is renegotiating about 1 billion euros ($1.8 billion) of debt tied to her controlling stake in Fomento de Construcciones & Contratas SA, according to two people familiar with the matter, who asked not to be identified because it’s private. Her determination to retain control means that she is unlikely to approve any plan by FCC to raise equity until she refinances her own debt, the people said. Ms. Linsell may be contacted at klinsell@bloomberg.net; Mr. Baigorri may be contacted at mbaigorri@bloomberg.net; Ms. David may be contacted at rdavid9@bloomberg.net Read the court decision
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Reprinted courtesy of Katie Linsell, Manuel Baigorri and Ruth David, Bloomberg

Oregon agreement to procure insurance, anti-indemnity statute, and self-insured retention

March 05, 2011 — CDCoverage.com

In Continental Casualty Ins. Co. v. Zurich American Ins. Co., No. 09-35484 (9th Cir. Oct. 28, 2010), general contractor TCR was sued by an employee of subcontractor Safeway for bodily injuries suffered while working on the project. In the subcontract, Safeway agreed to procure primary insurance providing coverage for TCR for liability arising out of Safeway’s negligence. Safeway’s CGL policy included a self-insured retention that had to be satisfied before the insurer had a duty to defend. TCR filed suit against Safeway alleging that

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Reprinted courtesy of CDCoverage.com

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