FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

White House’s New Draft Guidance Limiting NEPA Review of Greenhouse Gas Impacts Is Not So New or Limiting

September 09, 2019 — Norman F. Carlin & Eric Moorman - Gravel2Gavel Construction & Real Estate Law Blog
On June 21, 2019, the White House Council on Environmental Quality (CEQ) issued draft guidance clarifying the treatment of greenhouse gas (GHG) emissions in environmental impact reviews of federal projects under the National Environmental Policy Act (NEPA). Those wishing to comment on the draft must submit comments within 30 days after it is published in the Federal Register. The draft guidance is part of the Trump Administration’s continuing efforts to streamline the permitting and environmental review process for infrastructure and energy projects. It replaces NEPA guidance on climate impacts issued in 2016 by the Obama administration, which was rescinded by President Trump’s Executive Order 13783 early in 2017. Although some initial reports suggest that the new draft guidance significantly pulls back from the Obama administration’s approach, on closer comparison it does not depart that much from the major recommendations of the rescinded guidance. In general, NEPA requires federal agencies proposing to undertake, approve or fund a major federal action to evaluate its environmental impacts, including both direct and reasonably foreseeable indirect effects; to consider alternatives and mitigation; and to discuss cumulative impacts resulting from the incremental effects of the project when added to those of other past, present, and reasonably foreseeable future projects. The new draft and the rescinded 2016 guidance contain similar recommendations regarding an agency’s obligations to consider indirect and cumulative GHG impacts, as well as on the use of cost-benefit analysis and the contentious Social Cost of Carbon (SCC) metric. Reprinted courtesy of Norman F. Carlin, Pillsbury and Eric Moorman, Pillsbury Mr. Carlin may be contacted at norman.carlin@pillsburylaw.com Mr. Moorman may be contacted at eric.moorman@pillsburylaw.com Read the court decision
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Whitney Stefko Named to ENR’s Top Young Professionals, formerly ENR’s Top 20 Under 40, in California

February 16, 2017 — Haight Brown & Bonesteel LLP
Every year, Engineering News-Record (ENR) honors young professionals who are making a big splash in the construction industry. This year, ENR named Whitney Stefko to its list of individuals who represent the best of the best in the construction industry. In its feature article, “Top Young Professionals Make a Big Impact in Construction Industry,” Stefko is recognized for her expertise in professional liability and construction defense law, and her success in representing hundreds of cases on behalf of developers, general contractors, subcontractors and design professionals. Read the court decision
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Reprinted courtesy of Whitney L. Stefko, Haight Brown & Bonesteel LLP
Ms. Stefko may be contacted at wstefko@hbblaw.com

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Risky Business: Contractual Versus Equitable Rights of Subrogation

December 16, 2023 — Kyle Rice - The Subrogation Strategist
In Zurich Am. Ins. Co. v. Infrastructure Eng’g. Inc., 2023 Ill. App. LEXIS 383, the insurer, Zurich American Insurance Company (Insurer) proceeded as subrogee of Community College District No. 508 d/b/a City Colleges of Chicago and CMO, a Joint Venture. The Appellate Court of Illinois, First District (Appellate Court) addressed whether Insurer – who issued a builder’s risk policy to insure a building during construction – could subrogate on behalf of the building owner, City Colleges of Chicago (City Colleges), who was part of the joint venture and an additional named insured, but who had not been directly paid for the underlying loss. The Appellate Court determined that the policy language established that the carrier was contractually permitted to subrogate on behalf of all additional named insureds on the policy, including the building owner. Read the court decision
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Reprinted courtesy of Kyle Rice, White and Williams
Mr. Rice may be contacted at ricek@whiteandwilliams.com

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How to Lose Your Contractor’s License in 90 Days (or Less): California and Louisiana

November 15, 2021 — Rafael Boza - Gravel2Gavel Construction & Real Estate Law Blog
Having your Contractor’s License up and running to perform work when needed, where needed, is an indispensable compliance matter that contractors face every year. However, this indispensable process may also be cumbersome and time consuming. Knowing the regulations applicable to your business in each state and what to do, how to do it, and when to do it, is of critical importance to maintain compliance and your ability to work in different states. In this post we will do a high-level review of reporting obligations in California and Louisiana. California’s Contractors’ State License Law, Bus. & Prof. Code §§ 7000 et seq., requires licensees to report various information to the Contractors State License Board (CSLB) “within 90 days” of the effective date or event. Louisiana State Licensing Laws and Regulations, R.S. §§ 37:24 et seq. and La. Admin. Code tit. 46, XXIX, §§ 101 et seq. also require similar reporting to the Louisiana State Licensing Board for Contractors (LSLBC), sometimes “within 15 days” of the event. Read the court decision
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Reprinted courtesy of Rafael Boza, Pillsbury
Mr. Boza may be contacted at rafael.boza@pillsburylaw.com

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Manhattan Condos at Half Price Reshape New York’s Harlem

August 20, 2014 — Jonathan LaMantia – Bloomberg
Jason and Robyn Turetsky watched from their window as, brick by brick, a new condominium development rose across 116th Street in New York’s Harlem. The Turetskys, who married in December, decided to buy a three-bedroom, 1,500-square-foot (140-square-meter) unit at the Adeline, right across from their current rental. Staying in the neighborhood presented a better value than anywhere else they’d considered, including the Upper East Side and Upper West Side, where Robyn lived before moving in with Jason, the couple said. “For the amenities that were going to be provided at the Adeline and the size of the apartment, we could just get much more for our money in Harlem,” said Robyn Turetsky, a 28-year-old clinical dietitian. Read the court decision
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Reprinted courtesy of Jonathan LaMantia, Bloomberg
Mr. Lamantia may be contacted at jlamantia1@bloomberg.net

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Lay Testimony Sufficient to Prove Diminution in Value

September 25, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The trial court erred in excluding lay testimony on diminution of value of the insured's property and by requiring expert testimony. Woodrum v. Georgia Farm Bureau Mut. Ins. Co., 2018 Ga. App. LEXIS 429 (Ga. Ct. App. June 27, 2018). During a thunderstorm, a large tree fell onto the roof the insured's house, causing significant damage. The damage was reported to their insurer, Georgia Farm Bureau Mutual Insurance Company. When there was disagreement on the amount of the loss, an appraisal was invoked. An award was agreed to and payment was made by Georgia Farm. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Texas covered versus uncovered allocation and “legally obligated to pay.”

April 27, 2011 — CDCoverage.com

In Markel American Ins. Co. v. Lennar Corp., No. 14-10-00008-CV (Tex. Ct. App. April 19, 2011), insured homebuilder Lennar filed suit against its insurer Markel seeking recovery of costs incurred by Lennar to repair water damage to homes resulting from defective EIFS siding. Following a jury trial, judgment was entered in favor of Lennar and against Markel. On appeal, the intermediate appellate court reversed. Applying Texas law, the court first held that Lennar failed to satisfy its burden of allocating damages between covered and uncovered. In a prior decision, the court had held that, while the costs incurred by Lennar for the repair of the resulting water damage



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Restoring the USS Alabama: Surety Lessons From an 80-Year-Old Battleship

November 13, 2023 — Richard Sghiatti - Construction Executive
It’s not every day that a construction company gets to renovate an 80-year-old battleship. Yet that’s exactly where Youngblood-Barrett Construction & Engineering workers found themselves when they began restoring the main deck of the USS Alabama, a storied World War II battleship. The USS Alabama has a remarkable past. One of four South Dakota–class battleships, the “Mighty A” was commissioned in 1942. It deployed first to the Atlantic and then to the Pacific, where it earned nine battle stars for meritorious service. At 680 feet long and 108 feet wide, the “Heroine of the Pacific” had a wartime crew of 2,500 men. By 1962, though, the Navy was ready to scrap it. That’s when the state of Alabama decided to acquire the ship and preserve it as a museum. The USS Alabama was moved to Mobile and opened to the public in January 1965. Reprinted courtesy of Richard Sghiatti, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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