Fairfield Connecticut Building Expert Directory

New York's De Blasio Unveils $41 Billion Plan for Affordable Housing

May 07, 2014 — Henry Goldman – Bloomberg
New York Mayor Bill de Blasio presented plans to build and preserve 200,000 units of affordable housing in the next decade by increasing rent protections for the poor and requiring developers to include below-market apartments in newly zoned areas. The $41.1 billion program, paid for with city, state, federal and private funds, would focus 60 percent on preservation and 40 percent on new construction. About $8.2 billion of the cost would be borne by the city, according to a 116-page report detailing the plan, which de Blasio called the “largest, fastest” affordable-housing program ever attempted at the local level. De Blasio, 52, a self-described progressive and the city’s first Democratic mayor in 20 years, took office in January after describing income inequality as the most serious issue facing the most populous U.S. city. He turned his attention to housing today after pushing the state legislature in March to grant the city $300 million to institute universal all-day pre-kindergarten. Read the court decision
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Reprinted courtesy of Henry Goldman, Bloomberg
Mr. Goldman may be contacted at hgoldman@bloomberg.net

Disappearing Data: Avoid Losing Electronic Information to Avoid Losing the Case

February 01, 2022 — Daniel C. Wennogle & Jennifer Knight Lang - Construction Executive
It happens: A contractor on a delayed project ends up in litigation over liquidated damages, but the key communications regarding delays and approvals were sent and received by the project manager on a mobile device using text messages and personal email accounts. Unfortunately, the project manager left the company a year ago on bad terms and has changed phones. The information that would serve to mitigate the contractor’s liability has disappeared. With better awareness and policies for capturing and managing electronic information, this is avoidable. Proactive and effective management of electronically stored information on construction projects can not only reduce costs and discovery disputes should litigation arise but can also provide critical evidence in reducing liability exposure in such disputes. The Federal Rules of Civil Procedure (as well as most state rules, which often mirror federal rules), provide for sanctions if a party fails to preserve electronically stored information (ESI) that should have been preserved in anticipation of litigation but is lost due to the failure to take reasonable steps to preserve it. Even in arbitration, where discovery and disclosure obligations are often more limited than in the court setting, preservation of ESI can help strengthen claims and defenses, avoiding accusations of spoliation that can derail a case. Arbitrators can also fashion appropriate sanctions for destruction of relevant evidence, not to mention the impact that apparent spoliation can have on a party’s credibility. Reprinted courtesy of Daniel C. Wennogle & Jennifer Knight Lang, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Ms. Lang may be contacted at jennifer.lang@moyewhite.com Mr. Wennogle may be contacted at daniel.wennogle@moyewhite.com Read the court decision
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Insured's Motion for Reconsideration on Protecting the Integrity of Referral Sources under Florida Statute s. 542.335

September 28, 2017 — David Adelstein - Florida Construction Legal Updates
Referral sources are generally important for all businesses. Due to their importance, certain businesses require employees to execute non-solicitation or even non-compete agreements to protect the integrity of their referral sources. Now, whether referral sources for a particular business constitutes a legitimate business interest (very important words) is a question where the context must be examined. Nonetheless, in a case that is certainly important for businesses, the Florida Supreme Court held that referral sources can serve as a legitimate business interest. While this case dealt with home health care companies, the rationale would be the same no matter the business, provided that referral sources are contextually a legitimate business interest for that business. 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

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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ASCE Statement On White House "Accelerating Infrastructure Summit"

October 17, 2022 — Maria Lehman, President-elect - American Society of Civil Engineers (ASCE)
WASHINGTON, D.C. –We thank the Administration for convening the Accelerating Infrastructure Summit, which highlighted the possibilities stemming from the bipartisan infrastructure law. Nearly one full year since it was passed into law, this transformative legislation is beginning to kickstart vital infrastructure projects nationwide that will improve the country's economic efficiency and prioritize public health and safety. We know that together, builders, engineers, planners, and those entrusted with infrastructure projects must meet the moment and deliver projects on time, on task, and on budget for communities to make the most of these new resources. This generational investment in infrastructure is much needed - the 2021 Report Card for America's Infrastructure assigned the nation's infrastructure a cumulative grade of "C-" across 17 categories of infrastructure. ASCE is ready to help optimize these investments for communities across the country and make sure all will benefit, whether it is providing contract templates to expedite the process or offering peer support to smaller and rural agencies. ASCE is also focused on education in our industry to better equip civil engineers with the knowledge and expertise to execute alternative project delivery methods with a March 2023 Construction Institute Summit in St. Louis, which will provide a dedicated track to highlight innovations that help reduce the time for construction projects. The bipartisan infrastructure law has provided us the opportunity to transform America and bring our infrastructure into the 21st century, and we will need diverse perspectives, innovative technologies and processes, and a robust workforce to make the most of this once-in-a-generation investment. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. Read the court decision
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Denial of Claim for Concealment or Fraud Reversed by Sixth Circuit

October 01, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Sixth Circuit reversed the district court's order granting summary judgment to State Farm based upon the insured's alleged concealment of the truth when questioned about a fire that destroyed his home. Rose v. State Farm Fire & Cas. Co., 2014 U.S. App. LEXIS 17312 (6th Cir. Sept. 8, 2014). A fire destroyed the insured's home. He reported the loss to State Farm, who assigned Rob Raker to investigate the claim. Coverage was denied because State Farm contended that the "Intentional Acts" and "Concealment or Fraud" conditions of the homeowner's policy were violated. The insured sued State Farm. The district granted summary judgment to State Farm after finding that some of the answers the insured gave to Raker were misleading and material. The court determined that the insured failed to identify multiple tax liens and judgments when questioned about his financial status. 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

Pool Contractor’s Assets Frozen over Construction Claims

October 22, 2013 — CDJ STAFF
The State of Florida has frozen the assets of Nationwide Pools over claims of deceptive practices. Nationwide will be allowed to engage in pool construction during the lawsuit. The Florida Attorney General’s office alleges that Nationwide Pools failed to pay subcontractors, misrepresented warranties, and left customers with unfinished pools. The State of Florida is seeking restitution to consumers who did business with Nationwide Pools. Read the court decision
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BWB&O Partner Jack Briscoe and Associate Anoushe Marandjian Win Summary Judgment Motion on Behalf of Homeowner Client!

March 13, 2023 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is excited to share that Partner, Jack Briscoe and Associate, Anoushe Marandjian obtained an order for summary judgment in a multi-theory liability action in Los Angeles Superior Court. Plaintiff suffered severe injuries when he fell off a ladder while performing finish carpentry work at the home of BWB&O’s client. Plaintiff alleged various theories of liability against our client, the homeowner, including that: our client supplied a dangerous and defective ladder that, among other things, was unstable and not tall enough for the job; that the floor was covered with a slippery plastic sheeting hidden underneath construction paper which constituted a dangerous condition; that our client was his “employer” under the Labor Code; and that our client was civilly liable on the basis that he had directly hired Plaintiff, who was an unlicensed contractor. Alternatively, Plaintiff alleged that our client was vicariously liable for the conduct of his general contractor, who failed to maintain worker’s compensation insurance covering Plaintiff. After several rounds of written discovery, which required extensive attempts to “meet and confer” over Plaintiff’s deficient responses, as well as the parties’ depositions, Mr. Briscoe and Ms. Marandjian filed a Motion for Summary Judgment on behalf of our client on various grounds, including that the Privette Doctrine precluded Plaintiff from recovery against our client and that our client was not negligent (there was no dangerous condition and if there was, our client did not create it or that it existed for a long enough time for our client to have discovered it and remedied it). Plaintiff’s Opposition to our Motion for Summary Judgment included a Declaration from an expert witness alleging various grounds upon which our client was liable. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES