Fairfield Connecticut Building Expert Directory

House of Digital Twins

March 08, 2021 — Cristina Savian - AEC Business
As a vocal and passionate advocate for the adoption of Digital Twins for our built assets, I keep finding myself standing in, what feels like, the middle of a house of cards, observing its always rocky structure in constant danger of collapse. A wobbly system threatened by the tremors stressed by one of the most prominent digital revolutions that our construction industry has ever experienced. DIGITAL TWINS FOR OUR BUILT ASSET. This booming industry trend is gaining speed at a rate that the construction industry has never experienced before. Construction has always been slow at innovating and still holds its title as the least digitalised industry, but the Digital Twin revolution has now found our location and is ready to disrupt. I often witness how these forces attempt to pull down the cards, but, to my surprise, their resilience is what keeps holding the house together. Hold on, is this resilience or resistance? Read the court decision
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Reprinted courtesy of Cristina Savian, AEC Business

Plaintiff’s Mere Presence in Area Where Asbestos is Present Insufficient to Establish Bystander Exposure

October 21, 2015 — R. Bryan Martin & Laura C. Williams – Haight Brown & Bonesteel LLP
In Schiffer v. CBS Corporation (filed 9/9/15; modified 9/30/15), the California Court of Appeal, First Appellate District, affirmed summary judgment in favor of the defendant asbestos insulation manufacturer finding plaintiffs failed to present sufficient evidence of bystander exposure. Plaintiff James Schiffer (“Schiffer”) alleged that while working at the Ginna Gas & Electric power plant in the summer of 1969, he was exposed to asbestos-containing materials during installation of equipment and insulation manufactured by CBS Corporation’s predecessor-in-interest, Westinghouse. After developing mesothelioma, Schiffer and his wife sued numerous entities, including CBS, which successfully moved for summary judgment on the grounds that Schiffer failed to submit evidence that he was exposed to asbestos-containing materials. Reprinted courtesy R. Bryan Martin, Haight Brown & Bonesteel LLP and Laura C. Williams, Haight Brown & Bonesteel LLP Mr. Martin may be contacted at bmartin@hbblaw.com Ms. Williams may be contacted at lwilliams@hbblaw.com Read the court decision
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Los Angeles Tower Halted Over Earthquake and other Concerns

December 04, 2013 — CDJ STAFF
Plans to build the Millennium Hollywood project have been halted over lawsuits alleging that the Hollywood fault line runs under the site and would render it unsafe. Additional claims are that the buildings would block views of the Hollywood sign. But Robert Silverstein alleges in his suit that the buildings would endanger lives. The Millennium claims that the project would create about 3,000 construction jobs, and that after the building were complete, they would create 1,000 jobs. Read the court decision
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Washington State Supreme Court Issues Landmark Decision on Spearin Doctrine

September 29, 2021 — Cameron Sheldon - Ahlers Cressman & Sleight PLLC
The Washington State Supreme Court’s recent decision in Lake Hills Invs., LLC v. Rushforth Constr. Co. No. 99119-7, slip op. at 1 (Wash. Sept. 2, 2021) marks the first time in over 50 years that it has ruled on the Spearin doctrine. The Court’s opinion clarified the contractor’s burden when asserting a Spearin defense and affirmed the jury’s verdict in favor of contractor AP Rushforth Construction Company (AP). The decision is a major win for Ahlers Cressman & Sleight PLLC attorneys Scott Sleight, Brett Hill, and Nick Korst, who represented AP throughout its long-running dispute with Lake Hills Investments, LLC (LH), including the two-month jury trial and the appeal. Leonard Feldman of Peterson | Wampold | Rosato | Feldman | Luna and Stephanie Messplay of Van Siclen Stocks & Firkins also represented AP on appeal. At trial, the owner—Lake Hills Investments, LLC (LH)—asserted it was entitled to $3 million in liquidated damages and $12.3 million for defects it alleged were caused by AP’s deficient workmanship. AP denied responsibility for the delays and most of the defects and requested payment of $5 million. Regarding LH’s defect claims, AP argued as an affirmative defense that the defects were caused by deficiencies in the plans and specifications provided by LH. This affirmative defense was rooted in the Spearin doctrine, which states that when the contractor follows plans and specifications provided by the owner, the contractor is not responsible for defects caused by the plans and specifications. Read the court decision
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Reprinted courtesy of Cameron Sheldon, Ahlers Cressman & Sleight PLLC
Ms. Sheldon may be contacted at cameron.sheldon@acslawyers.com

Arctic Fires Are Melting Permafrost That Keeps Carbon Underground

December 27, 2021 — Eric Roston - Bloomberg
Few things signal something's gone haywire on the planet quite like frozen land on fire. Now scientists have determined that Arctic fires, even milder ones, can reshape a landscape for decades, in ways that may make it even harder to keep global heating from eclipsing international goals. It's mostly rising temperatures that are thawing out frozen Arctic ground but northern blazes — already increasing — are now understood to play a disproportionate role, according to a study published last week in the journal One Earth. Previous research has shown that higher temperatures, drier soil and more lightning storms will lead to more fires. That work, with the new paper, mean that “in the future we might expect to see an outsized influence on thaw from the fires that will likely increase," said Róisín Commane, a Columbia University assistant professor who studies atmospheric composition and wasn’t involved in the new study. Read the court decision
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Reprinted courtesy of Eric Roston, Bloomberg

President Trump Nullifies “Volks Rule” Regarding Occupational Safety and Health Administration (OSHA) Recordkeeping Requirements

April 13, 2017 — Louis “Dutch” Schotemeyer – Newmeyer & Dillion LLP
OSHA requires employers to maintain safety records for a period of five years. The Occupational Safety and Health Act contains a six month statute of limitations for OSHA to issue citations to employers for violations. In an effort to close the gap between the five years employers are required to keep records and the six month citation window, the Obama Administration implemented the “Volks Rule,” making recordkeeping requirements a “continuing obligation” for employers and effectively extending the statute of limitations for violations of recordkeeping requirements from six months to five years. On March 22, 2017, the Senate approved a House Joint Resolution (H.J. Res. 83) nullifying the “Volks Rule” and limiting the statute of limitations to six months for recordkeeping violations. President Trump signed the resolution nullifying the “Volks Rule” on April 3, 2017. The nullification appears to be in line with President Trump’s stated goal of generally eliminating governmental regulations. What Does This Mean for California Employers? California manages its own OSHA program, which generally follows the federal program, but is not always in lock-step with Federal OSHA. Cal/OSHA, under its current rules, may only cite employers for recordkeeping violations that occurred during the six months preceding an inspection or review of those records. To date, there has been no indication that California’s Division of Occupational Safety and Health (DOSH) has plans to adopt the “Volks Rule.” Barring a change, California employers will continue to operate under the status quo and be required to maintain safety records for five years, but will only be exposed to citations for recordkeeping violations occurring within the last six months. Current Cal/OSHA Recordkeeping Requirements Cal/OSHA form 300 (also known as the “OSHA Log 300”) is used to record information about every work-related death and most work-related injuries that cannot be treated with onsite first aid (specific requirements can be found in the California Code of Regulations, Title 8, Sections 14300 through 14300.48). Currently, California Code of Regulations, Title 8, Section 14300.33 requires employers to retain OSHA Log 300 for a period of five years following the end of the calendar year during which the record was created, despite the fact that Cal/OSHA can only cite employers for failing to maintain such records for up to six months preceding an inspection. Looking to the Future Cal/OSHA is working on regulations that would require electronic submission of OSHA Log 300 records in California. This would bring Cal/OSHA more in line with Federal OSHA, which already requires electronic submission. About Newmeyer & Dillion For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client’s needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949-854-7000 or visit www.ndlf.com. Read the court decision
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Reprinted courtesy of Louis "Dutch" Schotemeyer, Newmeyer & Dillion LLP
Mr. Schotemeyer may be contacted at dutch.schotemeyer@ndlf.com

Price Escalation Impacts

August 22, 2022 — Denise Motta - Gordon & Rees Construction Law Blog
This Bulletin provides guidance to contractors, subcontractors, suppliers, and others to ensure compliance with contractual change order requirements in the event work on a construction project is impacted by price escalation. Construction projects are being impacted by increased costs for most construction materials. The Producer Price Index shows a 69% increase in the cost of construction materials from March 2020 to March 2022. Many construction contracts do not address escalation or specifically exclude change orders for material escalation, leaving the risk of escalation of construction materials with the contractor, subcontractor, or suppliers. Bid Protection Tips:

Keep bids open for less than 30 days with a designated sunset date:

Keeping your bids open for less than 30 days can help protect you from sudden changes in pricing and help maintain your bids’ competitive status.
If asked to extend time a bid is open, reconfirm prices before agreeing.

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Reprinted courtesy of Denise Motta, Gordon Rees Scully Mansukhani, LLP
Ms. Motta may be contacted at dmotta@grsm.com

Contractor Gets Benched After Failing to Pay Jury Fees

April 11, 2022 — Garret Murai - California Construction Law Blog
Trial by jury is a fundamental right under the U.S. and California Constitutions. However, to avail yourself of this right, you not only have to declare that in advance that you intend to try your case to a jury but post jury fees as well. In TriCoast Builders, Inc. v. Fonnegra, a contractor who failed to timely post jury fees, discovered on the day of trial that it waived the right to insist on a jury trial when the defendant pulled an “I gotcha” and waived his right to a jury trial. The TriCoast Case In May 2014, Nathaniel Fonnegra house was damaged by fire. The following month, Fonnegra entered into a construction contract with TriCoast Builders, Inc. to repair the property. Dissatisfied with the work, Fonnegra terminated the contract, and TriCoast in turn filed a complaint against Fonnegra for unpaid work. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES