Fairfield Connecticut Building Expert Directory

Solicitor General’s Views to Supreme Court on Two Circuit Court Rulings that Groundwater Can be Considered “Waters of the United States”

March 04, 2019 — Anthony B. Cavender - Gravel2Gavel
On December 3, 2018, the U.S. Supreme Court invited the Solicitor’s views on the contested issues whether discharges to groundwater are subject to an he National Pollutant Discharge Elimination System (NPDES) permit, and whether there is an “ongoing violation” of the Clean Water Act for Citizen Suit jurisdiction when the source of the pipeline spill has been fixed, yet not all pollutants have been cleaned up. Read the court decision
Read the full story...
Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

A Guide to Evaluating Snow & Ice Cases

December 13, 2021 — Lewis Brisbois
New York, N.Y. (November 9, 2021) - As the winter season nears, defendant property owners are reminded that New York law imposes liability for sidewalk accidents resulting from slip and falls on snow and ice. Within the City of New York, Administrative Code § 7-210 imposes liability on the owners of real property (other than single-family dwellings) to maintain an abutting sidewalk in a reasonably safe condition, which includes the removal of snow and ice. Some of the most important issues in this area of the law were recently reaffirmed by New York’s Appellate Division in Zamora v. David Caccavo, LLC, 190 A.D.3d 895 (2d Dept. 2021). In particular, that the Court of Appeals made clear in 2019 that the statutory non-delegable duty to remove snow and ice from sidewalks extends even to out-of-possession landowners, who, although they may shift the work of maintaining the sidewalk to another, "cannot shift the duty, nor exposure and liability for injuries caused by negligent maintenance, imposed under [Administrative Code §] 7-210." Xiang Fu He v. Troon Mgt., Inc., 34 N.Y.3d 167, 174 (2019). In other words, even if the defendant leases the property to a tenant who is obligated under the lease to maintain the property in every way, including snow and ice on sidewalks, the defendant cannot escape liability by claiming the tenant is solely responsible for the plaintiff’s loss. On the other hand, property owners are not strictly liable for all personal injuries that occur on the abutting sidewalks, because the statute "adopts a duty and standard of care that accords with traditional tort principles of negligence and causation." Xiang Fu He v. Troon Mgt., Inc., 34 N.Y.3d at 171. Read the court decision
Read the full story...
Reprinted courtesy of Lewis Brisbois

Wilke Fleury Attorneys Highlighted | 2019 Northern California Super Lawyers

September 16, 2019 — Wilke, Fleury, Hoffelt, Gould & Birney, LLP
Wilke Fleury is proud to announce that 14 of our astounding attorneys were featured in the Annual List of Top Attorneys in the 2019 Northern California Super Lawyers magazine. Super Lawyers rates attorneys in each state using a patented selection process; they also publish a yearly magazine issue that regularly produces award-winning features on selected attorneys. Reprinted courtesy of Wilke, Fleury, Hoffelt, Gould & Birney, LLP Read the court decision
Read the full story...
Reprinted courtesy of

Traub Lieberman Partner Colleen Hastie Wins Summary Judgment in Favor of Sub-Contracted Electrical Company

February 14, 2023 — Colleen E. Hastie - Traub Lieberman
In a case brought before the New York State Supreme Court, Kings County, Plaintiff alleged injury while performing work at a commercial premises in Brooklyn when he rolled his ankle on a jackhammered/chopped cellar floor slab while carrying a metal pipe from the main floor to the cellar on the subject premises. The property was owned by New York City entities, who were listed as Defendants in the underlying suit. A Construction Company was hired as the general contractor and construction manager for the work, who hired the Electrical Contractor to perform the main electrical fit out for the subject premises. The Electrical Contractor then hired Traub Lieberman’s client, the Electrical Subcontractor, to work on cellar-level conduit, cabling, backboxes, and lighting control systems. The Electrical Contractor, as Second Third-Party Plaintiff, brought suit against the Electrical Subcontractor, as Second Third-Party Defendant, for damages related to the underlying suit. Read the court decision
Read the full story...
Reprinted courtesy of Colleen E. Hastie, Traub Lieberman
Ms. Hastie may be contacted at chastie@tlsslaw.com

Recent Developments in Legislative Efforts To Combat Climate Change

October 30, 2023 — Dominick Weinkam & Robert B. Cimmino - ConsensusDocs
Governments across the United States have been increasingly integrating climate considerations into legislation affecting various sectors of the economy. The construction industry is no exception. Recent legislative developments at various levels of government are reshaping construction practices to mitigate the industries’ greenhouse gas emissions and vulnerability to climate-related risks. These developments include incentivizing eco-friendly construction projects, mandating stricter regulations to reduce carbon emissions, and enhancing building resilience to more severe weather events. Contractors must stay abreast of these developments to ensure compliance with new substantive and administrative requirements to remain competitive in a changing environment. Funding Greener Construction Projects: The Inflation Reduction Act The federal Inflation Reduction Act (IRA) enacted in August 2022 marked a significant milestone in the pursuit of greener construction. The IRA is widely considered to be the single largest investment into climate change in history, with potential ripple effects throughout the construction industry. The IRA allocates substantial funds for projects utilizing “low-carbon” materials, with an explicit focus on climate-conscious construction. This initiative aligns with the broader goal of curbing emissions from sectors like steel, concrete, and glass, which have been major contributors to the nation’s carbon footprint. Reprinted courtesy of Dominick Weinkam, Watt Tieder and Robert B. Cimmino, Watt Tieder Mr. Weinkam may be contacted at dweinkam@watttieder.com Mr. Cimmino may be contacted at rcimmino@watttieder.com Read the court decision
Read the full story...
Reprinted courtesy of

Is Settling a Bond Claim in the Face of a Seemingly Clear Statute of Limitations Defense Bad Faith?

October 11, 2021 — Christopher G. Hill - Construction Law Musings
We have often discussed payment and performance bonds here at Construction Law Musings, most often in the context of payment bond claims relating to federal and state-owned. construction projects. A late 2020 case out of the Eastern District of Virginia federal court examined what happens after such a claim, in this case, based upon a developer’s subdivision bonds, is made and negotiations commence between the surety and the claimant. Specifically, Fidelity & Deposit Co. of Maryland v. Ransgate Corp., et. al. looked at claims for indemnity by a surety and the principal/indemnitors in the event that the Surety settled such a claim. In the Ramsgate case, Surety provided two separate subdivision subcontract bonds to Ramsgate. Pursuant to those bonds and the indemnity clause of its indemnity agreement, the Surety sought reimbursement of its $80,000.00 settlement payment to the local building authority that it paid to resolve what was originally a claim for over $420,000.00 by the City. The project was started in 2002 and after many years of failures to complete (according to the City of Suffolk), the City made its claim for expenses in 2017. Ramsgate claimed that it completed the subdivisions in 2003. Read the court decision
Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

WCC and BHA Raised Thousands for Children’s Cancer Research at 25th West Coast Casualty CD Seminar

May 24, 2018 — Beverley BevenFlorez-CDJ STAFF
This year’s annual West Coast Casualty Construction Defect Seminar was once again, a huge success. On May 16-18, 2018 attendees from the legal, insurance, builder, contractor, subcontractor and numerous other industries came from across the United States and several foreign countries to discuss current trends, learn about new laws and regulations affecting the construction defect industry, and meet up with colleagues. Bert L. Howe & Associates, Inc.’s (BHA) Has a Nice Swing Golf Challenge raised $3,500.00 split evenly between the three deserving charities supported by West Coast Casualty: Hawaii’s Children’s Cancer Foundation , St. Jude Children’s Research Hospital, and Shriners Hospital for Children. The West Coast Casualty Construction Defect Seminar has been promoting charitable work for the past twenty-five years. Each year, they promote different charities, and provide multiple ways for individuals and companies to contribute. Whether it’s Buy a Banner, Tennis Shoe Thursday, or Flip Flop Friday, industry members are given opportunities to support worthwhile causes. WCC also supports charitable organizations through every award that they present each year. Donations are made in the winner’s name: For Jerrold S. Oliver Award of Excellence awardees, Habitat for Humanity as well as a local California and Nevada charity; For Legend of an Era Award, the designated charity of West Coast Casualty’s Construction Defect Seminar; and for The Larry Syhre Commitment to Service Award, a donation to The Larry Syhre Foundation. BHA hopes to see you at the next West Coast Casualty Construction Defect Seminar in 2019! Read the court decision
Read the full story...
Reprinted courtesy of

OSHA Launches Program to Combat Trenching Accidents

October 16, 2018 — Tom Ichniowski – Engineering News-Record
In the wake of a recent rise in fatal trenching cave-ins, the federal Occupational Safety and Health Administration has begun a targeted education and enforcement program to try to reverse the trend. Read the court decision
Read the full story...
Reprinted courtesy of Tom Ichniowski, ENR
Mr. Ichniowski may be contacted at ichniowskit@enr.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES