Fairfield Connecticut Building Expert Directory

Suing a Local Government in Land Use Cases – Part 2 – Procedural Due Process

February 16, 2017 — Wally Zimolong – Supplemental Conditions
n my last post I discussed suing a local government for a substantive due process violation. In this post, I discuss a the right to procedural due process. The Fourteenth Amendment of the United States Constitution protects prohibits the government from depriving an individual or business of life (in the case of an individual), liberty, or property without due process of law. Unlike the somewhat abstract and subjective concept of substantive due process, procedural due process is direct and objective. Generally, if an individual or business maintains a property or liberty interest, a local government must afford that individual or business notice that the government intends to deprive them of a liberty or property interest and a reasonable opportunity to be heard to contest the proposed deprivation. Unless there is an emergency, the notice and opportunity to be heard must be given before the government deprives an individual or business of a liberty of property interest. This is known as a pre-deprivation hearing. Because of the clear contours of the right, procedural due process violations are typically easier to prove than substantive due process violations. Read the court decision
Read the full story...
Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

Congratulations to BWB&O’s 2021 Super Lawyers Rising Stars!

July 05, 2021 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara, LLP is excited to announce Partners Kyle Carroll, Nicole Nuzzo, and Michael D’Andrea, as well as Associates Andy Arakelian and Andrew Steinberg, have been selected to the 2021 Super Lawyers Southern California Rising Stars for their work in Civil and Family litigation! Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations, and peer evaluations. Read the court decision
Read the full story...
Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

Revolutionizing Buildings with Hybrid Energy Systems and Demand Response

January 08, 2024 — Aarni Heiskanen - AEC Business
A recent study conducted by the Finnish Building Services 2030 group explores the potential technologies and business prospects for adaptable energy systems within buildings. Building Services 2030 is a Finnish consortium of Aalto University, Tampere University, and 14 industry partners. The consortium has defined a shared vision for the Finnish building service sector and researches topics that help reach the vision. My company is responsible for the group’s communication, so I eagerly read the research reports as they come out. One of the new reports I found very timely is about the energy flexibility of buildings. The authors are Senior Researcher Juha Jokisalo and Professor Matti Lehtonen from Aalto University. They highlight how the contemporary energy landscape is undergoing a significant transformation. Read the court decision
Read the full story...
Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

The Colorado Supreme Court holds that loans made to a construction company are not subject to the Mechanic’s Lien Trust Fund Statute

February 21, 2013 — W. Berkeley Mann, Jr. — Higgins, Hopkins, McLain & Roswell, LLC
In a prior blog post, we summarized the Court of Appeals decision in the case of AC Excavating, Inc. v. Yale, ___ P. 3d. ___, 2010 WL 3432219 (Colo. App. Sept. 2, 2010) which provided an interpretation of the Colorado Mechanic’s Lien Trust Fund Statute, C.R.S. § 38-22-127 (hereafter “the Trust Fund Statute”). A divided Court of Appeals reversed the trial court, and held that capital loans infused into a limited liability company which performed construction could be subject to the provisions of the Trust Fund Statute. The Court of Appeals reasoned that this determination was necessary because the statute was considered applicable to “all funds disbursed on a construction project.” Additionally, the Court of Appeals held that the intent of the provider of funds was not relevant, and that the statute applied “irrespective of the [originator of the funds]’s intended use of the funds.” This decision was reviewed by the Colorado Supreme Court in an opinion released on February 4, 2013, and it reversed the Court of Appeals’ decision. See, Yale v. AC Excavating, Inc., ___ P. 3d. ___, 2013 WL 441895 (Colo. Feb. 4, 2013). The Supreme Court strongly disagreed that loaned or infused capital funds which were obtained by the general contractor entity were “funds disbursed on a construction project,” simply because some of the infused monies were used for operational purposes to pay down specific project obligations. Read the court decision
Read the full story...
Reprinted courtesy of W. Berkeley Mann, Jr.
mann@hlmrlaw.com

California Superior Court Overrules Insurer's Demurrer on COVID-19 Claim

February 15, 2021 — Tred R. Eyerly - Insurance Law Hawaii
A Superior Court in California overruled the insurer's demurrer to the policy holder's complaint seeking business interruption coverage after government shutdown orders were issued because of the coronavirus pandemic. Goodwill Industries of Orange County, California v. Philadelphia Indemnity Ins. Co., Cal. Superior Ct., Civil No. 30-2020-01169032-CU-IC-CXC (Minute Order Jan. 28,, 2021). The minute order is here [Goodwill Decision]. The insurer demurred on the ground that the insured had not alleged sufficient facts to show "direct physical loss" under the business income, extra expenses and civil authority provisions in the policy because coronavirus and COVID-19 did not physically alter the structure. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Time to Reform Construction Defect Law in Nevada

February 21, 2013 — CDJ STAFF
The Las Vegas Review-Journal is supporting efforts to reform the state’s construction defect laws. Although the intention was to “protect homeowners from the costs of shoddy workmanship,” they state the laws have instead “enriched lawyers and made housing more expensive.” The take the Las Vegas homeowner association scandal as a sign that reform is needed. A further sign of needed reform is that during a time when new home sales decreased, construction defect claims more than tripled. The editorial notes that “current law allows lawsuits to be brought for cosmetic imperfections that pose no risks.” Read the court decision
Read the full story...
Reprinted courtesy of

Sioux City Building Owners Sue Architect over Renovation Costs

December 04, 2013 — CDJ STAFF
According to the architects, it should have cost a few hundred thousand dollars to strengthen the floors of Sioux City’s Badgerow Building. Instead, the upgrades cost somewhere between $3 and $5 million, which Mako One, the builder’s owners, said would have dissuaded them from starting had they known. Mako is suing M Plus Architects, for this and for its recommendation that the building’s windows be changed. That change ran foul of historic preservation guidelines, and the windows will have to be replaced. M Plus is, in return, suing Mako One over $150,000 in unpaid bills. Meanwhile, a data center is moving in on the fourth floor. Read the court decision
Read the full story...
Reprinted courtesy of

Thousands of London Residents Evacuated due to Fire Hazards

June 29, 2017 — David Suggs – Bert L. Howe & Associates, Inc.
Nearly 4,000 residents were ordered by municipal authorities to “urgently evacuate apartments in five London high-rise buildings…after fire inspectors warned that the safety of the residents could not be guaranteed,” reported the New York Times. Displaced families were urged to find shelter with family or friends, but temporary accommodations were offered. Repairs may take up to four weeks. The five London towers that were evacuated all contain the same exterior cladding and insulation that is similar to what was used in Grenfell Tower, where 79 people died in fire only the preceding week, according to the New York Times. Camden Council stated that the cladding material would be removed. They had ordered noncombustible cladding, but later learned that combustible cladding had been installed. “Preliminary tests on the insulation samples from Grenfell Tower show that they combusted soon after the test started,” Detective Superintendent McCormack said in a televised statement, as quoted by the New York Times. “Cladding tiles had also failed initial tests,” she continued. Read the court decision
Read the full story...
Reprinted courtesy of

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES