FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Examining Best Practices for Fire Protection of Critical Systems in Buildings

July 16, 2023 — Jon Jones - Construction Executive
Protecting building occupants and first responders is critically important when designing and constructing commercial buildings. The National Fire Protection Association (NFPA), devoted to eliminating death, injury, property and economic loss from fire, electrical and related hazards, was formed in 1896. Shortly afterward, in 1897, the National Electrical Code (NEC) was established to standardize electrical safety for wiring, alarms and related equipment. Since the birth of these two important standardizing organizations, fire codes have been constantly modified to meet the changing safety needs of new infrastructure. In 1996, the NEC identified key circuits for fire survivability, including emergency systems, fire pumps and fire alarms. Per the 1996 code, these circuits needed to be able to survive for one hour in case of fire. However, in the late 1990s and early 2000s, these requirements began to shift to demand two hours of survivability. Reprinted courtesy of Jon Jones, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Increasing Use of Construction Job Cameras

January 27, 2014 — Beverley BevenFlorez-CDJ STAFF
Job site cameras are increasingly used on construction sites, for various reasons, reports Tom Sawyer of Engineering News-Record. Mark Penny, senior vice president of the Dallas Region Manhattan Construction Inc., told Sawyer that he uses the camera primarily for marketing purposes: “We have a lot of high-profile jobs that people want to see. They are a great opportunity for us and the client to showcase the construction, which makes the job of selling what we do a lot easier.” Warren Andres, senior vice president at Andres Construction uses cameras for safety monitoring. Andres told Sawyer that “he has three monitors on his desk. One shows live feeds from all his cameras. If he sees unsafe work, he sends a photo to the superintendent and demands action. Similarly, he says he can spot slow work crews and do enough quality control to send the message that management is watching.” Vendors commented to Sawyer that “the growing use [of cameras] include the rise of building information modeling and its increased need for accountability; as well as companies chasing work beyond usual areas of operations and needing to extend supervision while holding down travel of staffs trimmed by the recession.” Read the court decision
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Emerging World Needs $1.5 Trillion for Green Buildings, IFC Says

December 11, 2023 — Natasha White - Bloomberg
The International Finance Corporation is looking to develop a guarantee facility for private investors to boost finance for greener construction in emerging markets, as growing populations, urbanization and industrialization are set to spur pollution far beyond safe limits. IFC, the world’s largest global development institution focused on the private sector in low-income countries, is working with its counterparts in the World Bank Group to “create a one-stop shop for guarantees offered to private investors,” Susan Lund, vice president for economics and private sector development, told Bloomberg in an interview. We have “really high aspirations to scale that up dramatically for climate finance and in particular for green buildings and decarbonizing the construction sector,” she said. Lund’s comments follow a recent speech given by World Bank President Ajay Banga who said the bank is working to better unify guarantee insurance across the institutions. Read the court decision
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Georgia Federal Court Holds That Pollution Exclusion Bars Coverage Under Liability Policy for Claims Arising From Discharge of PFAS Into Waterways

December 18, 2022 — Paul Briganti - White and Williams
On December 5, 2022, the U.S. District Court for the District of Georgia held that a total pollution exclusion (TPE) in a CGL policy relieved the insurer of any obligation to defend or indemnify a recycling company in a putative class action alleging PFAS contamination of Georgia waterways. See Grange Ins. Co. v. Cycle-Tex Inc., et al., Order, Civ. A. No. 4:21-cv-00147-AT (N.D. Ga. Dec. 5, 2022). The decision adds to a slowly-developing body of case law addressing coverage issues arising out of PFAS-related claims. In Grange, the insured, Cycle-Tex, Inc., was the operator of a thermoplastics recycling facility in Dalton, Georgia. Cycle-Tex and other defendants – which included chemical suppliers, carpet manufacturers, intermediaries, the City of Dalton and the Dalton-Whitfield Solid Waste Authority – were named in a putative class action complaint alleging that residents of Dalton had been injured as a result of the defendants’ discharge of PFAS into local waterways. The complaint sought damages for: (1) alleged harm to the residents’ health by virtue of ingesting contaminated water; (2) alleged property damage resulting from the contamination of the public water supply; and (3) the payment of surcharges and heightened water rates as a result of the alleged contamination. Read the court decision
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Reprinted courtesy of Paul Briganti, White and Williams
Mr. Briganti may be contacted at brigantip@whiteandwilliams.com

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Home Repair Firms Sued for Fraud

September 30, 2011 — CDJ STAFF

The Illinois Attorney General has filed a lawsuit in Cook County Circuit Court alleging that two connected firms took money from homeowners and then failed to perform the contracted work. One of the three defendants, Chris Bidigare, was an owner of agent of both Fairway Construction and Maintenance Services, LLC, and Rock Construction Management, LLC.

In once case, according to the article on the OakPark Patch, one homeowner provided a $111,000 down payment, only to have the company cancel the job and refuse to return the money. One homeowner was told by Fairway that she should contact their insurance provider. The insurance provider told her that Fairway’s insurance had been cancelled due to non-payment.

The suit seeks to bar the three defendants from working in home repair in Illinois.

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Professional Liability Alert: California Appellate Courts In Conflict Regarding Statute of Limitations for Malicious Prosecution Suits Against Attorneys

April 28, 2014 — David W. Evans & Stephen J. Squillario – Haight Brown & Bonesteel LLP
In conflict with an earlier decision by a different division within the same District, and with a prior decision of another District which followed the earlier case, Division Three of the Second Appellate District has concluded, contrary to established precedent, that the general two-year limitations period set forth in Code of Civil Procedure section 335.1 (“Section 335.1”) applies to malicious prosecution claims against attorneys, rather than the specific one-year statute of limitations for claims against attorneys codified in Code of Civil Procedure section 340.6 (“Section 340.6”). In Roger Cleveland Golf Co., Inc. v. Krane & Smith, APC (filed April 15, 2014, Case No. B237424, consolidated with Case No. B239375), Roger Cleveland Golf Co., Inc. (“Cleveland Golf”), filed a malicious prosecution action against Krane & Smith (“the Attorneys”), who had unsuccessfully prosecuted the underlying breach of contract matter for their client against Cleveland Golf. In that action, on April 26, 2010, the trial court entered its order granting a motion for nonsuit and dismissing the complaint in favor of Cleveland Golf. On May 24, 2011, or approximately 13 months after the trial court had dismissed the underlying complaint, Cleveland Golf commenced a malicious prosecution action against the Attorneys. In the interim, the Attorneys initiated an appeal of the underlying judgment, which was eventually dismissed approximately seven months later. In response to the complaint, the Attorneys filed a special motion to strike, commonly referred to as an anti-SLAPP motion, which included the argument that the malicious prosecution claim was time-barred under the one-year limitations period of Section 340.6. The trial court granted the Attorneys’ motion based on the statute of limitations (and Cleveland Golf’s failure to demonstrate a probability of success on the merits) and dismissed the case. Cleveland Golf’s appeal followed. Reprinted courtesy of David W. Evans, Haight Brown & Bonesteel LLP and Stephen J. Squillario, Haight Brown & Bonesteel LLP Mr. Evans may be contacted at devans@hbblaw.com, Mr. Squillario may be contacted at ssquillario@hbblaw.com Read the court decision
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The Benefits of Trash Talking: A Cautionary Tale of Demolition Gone Wrong

September 02, 2024 — Joshua Levy, Anne O'Meara & Kimberly Gutierrez - Construction Executive
That sinking feeling has crossed everyone’s mind at some point: "Did I accidentally throw out...?” It can happen to anyone, from valuable jewelry to uncashed checks or even (in the case of one contractor) to fire-pump control cabinets. Demolishing the wrong equipment is a concern construction and demolition contractors should review before beginning any project. Recently, one general contractor and its demolition subcontractor would have benefitted from a more detailed “trash” talking session, which could have helped them avoid a dumpster-fire of a legal dispute. In this case, the general contractor was contracted to renovate a hangar for a military base. The company subcontracted the demolition work to a local, family-owned contractor to demolish aspects of the hangar’s fire-suppression room. The two companies met many times, from planning to daily field walk-downs. They discussed that any equipment that was tagged with bright orange tags would remain in the fire-suppression room. The contractor also reviewed the demolition plans with the demolition company, detailing what should and should not be removed. Reprinted courtesy of Joshua Levy, Anne O'Meara & Kimberly Gutierrez, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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A Special CDJ Thanksgiving Edition

November 21, 2017 — Beverley BevenFlorez-CDJ STAFF
Welcome to the Construction Defect Journal’s special Thanksgiving edition. The CDJ staff has compiled the most important and interesting stories so far from 2017. From Supreme Court decisions to state construction defect law shake ups, this week’s edition showcases significant construction defect industry changes. With a mug of hot spiced cider in hand, relax and reflect on what has happened in our industry so far in 2017. CDJ wishes to give thanks to its amazing contributors and readers. It’s due to your efforts and support that CDJ is able to present a weekly summary of what is happening in the construction defect industry. We hope you enjoy this special edition, and wish you and your family a fun and festive Thanksgiving holiday. Read the court decision
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