Fairfield Connecticut Building Expert Directory

Woman Files Suit for Property Damages

January 15, 2014 — Melissa Zaya-CDJ STAFF
Debra Lovejoy filed suit on December 5th 2013 in Virginias Kanawha Circuit Court claiming that her home sustained damaged after a highway was built near her property, according to The West Virginia Record. The West Virginia Water Company, Carpenter Reclamation Inc., and the West Virginia Department of Transportation-Division of Highways were named in the suit. “Lovejoy claims Carpenter disturbed the contours of the surface, thereby weakening the support for the bank extending along the highway,” reports Kyla Asbury of The West Virginia Record. Asbury continues: “As a result, the bank has slipped significantly over time, according to the suit.” Lovejoy claims the bank needs to be repaired in order to prevent it from further slips, and is pursuing compensation. Read the court decision
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Top 10 Take-Aways: the ABA Forum's 2024 Mid-Winter Meeting

February 26, 2024 — Marissa L. Downs - The Dispute Resolver
The Forum on Construction Law convened last week at Caesars Palace in sunny Las Vegas for its 2024 Mid-Winter Meeting. Carrie Okizaki and David Suchar (along with John Cook, Karen Erger, and countless others) put together a truly outstanding program on power projects. Here are my top 10 take-aways from this unique and insightful event: 10. The demand for power projects is steadily increasing. The increasing demand for power construction projects is being driven chiefly by the need to replace aging infrastructure as well as the desire to develop cleaner and more sustainable generation facilities. The constant demand for more and more electricity is not that surprising but, according to Jeff Richardson (Energy Solutions) and Eric S. Gould (Modus Strategic Solutions), the pipeline market size for power-generation projects in 2028 is expected to reach $10.6 trillion, i.e., double what it was just in 2022. 9. "Net Zero" is the new normal. In December 2021, President Biden issued an executive order proclaiming that, by 2050, the federal government will be a Net-Zero contributor to the climate crisis. To achieve this goal, the greenhouse gasses ("GHGs") released by government operations must be less than (or equal to) the GHGs absorbed/removed from the environment. Other government bodies and private companies alike are adopting similar Net-Zero goals. Because not all of these promises are created equal, Moody’s Investors Services has a tool to help consumers compare and evaluate companies' carbon transition plans. According to panelists, Amanda Schermer MacVey (Venable), Brendan Hennessey (Pillsbury), and Laszlo von Lazar (Black & Veatch), these Net-Zero commitments are likely to result in more rigorous supplier codes of conduct and heightened carbon tracing efforts on construction projects. Read the court decision
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Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP
Ms. Downs may be contacted at mdowns@lauriebrennan.com

A New Hope - You Now May Have Coverage for Punitive Damages in Connecticut

February 15, 2018 — Stella Szantova Giordano – SDV Blog

On December 19, 2017, the Connecticut Supreme Court released its decision in Nationwide Mutual Ins. Co. v. Pasiak. The decision is significant for two reasons: 1) it clarifies the amount of proof an insurer needs to determine whether an exclusion to coverage applies; and 2) it found that where an insurance policy expressly provides coverage for an intentional act such as false imprisonment, common-law punitive damages are also covered.

Underlying action

The underlying action proves that real life is often stranger than fiction. Ms. S worked as an office help for a construction company owned by Mr. P, which operated out of his home. Ms. S was working alone in the home office, when an armed, masked intruder entered the office, tied her hands, gagged and blindfolded her and, pointing a gun to her head, threatened to kill her family if she did not give him the combination to a safe in the home. As this was happening, Mr. P entered the office, unmasked the intruder, and discovered it was his lifelong friend. After Ms. S was untied, she asked to leave, but Mr. P told her to stay. She was not allowed to leave for several hours as Mr. P made her accompany him to an errand. Ms. S sued Mr. P for false imprisonment, among other things. The trial court awarded her compensatory and punitive damages. Insurance coverage for the underlying judgment is at the heart of the Pasiak case.

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Reprinted courtesy of Stella Szantova Giordano, Saxe Doernberger & Vita, P.C.
Ms. Szantova Giordano may be contacted at ssg@sdvlaw.com

Resolving Condominium Construction Defect Warranty Claims in Maryland

September 04, 2018 — Nicholas D. Cowie - Maryland Condo Construction Defect Blog
A Guide for Maryland Condominium Associations Newly constructed and newly converted condominiums in Maryland often contain concealed or “latent” construction defects. Left undetected and unrepaired, latent defects stemming from the original construction of a condominium can cause extensive damage over time, requiring associations to assess their members for unanticipated repair costs that could have been avoided by making timely developer warranty claims. This article provides a general overview of how Maryland condominium associations transitioning from developer control can proactively identify and resolve construction defect claims with condominium developers and builders before warranty and other legal rights expire. This proactive approach typically results in an amicable resolution without the need for litigation. Read the court decision
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Reprinted courtesy of Nicholas D. Cowie, Cowie & Mott
Mr. Cowie may be contacted at ndc@cowiemott.com

No Coverage for Homeowner Named as Borrower in Policy but Not as Insured

July 08, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The magistrate judge recommended that the homeowner's complaint seeking coverage for damage caused by Hurricanes Laura and Delta be denied because the homeowner was only named as the borrower under the policy. LeDay v. Integon Nat'l Ins. Co., 2024 U,S. Dist. LEXIS 87369 (W.D. La. April 15, 2024). When the homeowner sought coverage for hurricane damage, it was denied. The homeowner then sued and Integon moved to dismiss. Integon argued it did not issue a policy to the homeowner, but the policy was issued to Midland Mortgage. The pro se homeowner did not respond to the motion. 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

Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and Applied to Subcontractors

May 23, 2022 — Gus Sara - The Subrogation Strategist
In 2700 Bohn Motor, LLC v. F.H. Myers Constr. Corp., No. 2021-CA-0671, 2022 La. App. LEXIS 651 (Bohn Motor), the Court of Appeals of Louisiana for the Fourth Circuit (Court of Appeals) considered whether a subrogation waiver in an AIA construction contract was enforceable and, if so, whether the waiver also protected subcontractors that were not signatories to the contract. The lower court granted the defendants’ motion for summary judgment based on the subrogation waiver in the construction contract. The plaintiffs appealed the decision, arguing that the subrogation waiver violated Louisiana’s anti-indemnification statute. The plaintiffs also argued that even if enforceable, the subrogation waiver did not apply to the defendant subcontractors since they were not parties to the contract. The Court of Appeals ultimately held that the subrogation waiver did not violate the anti-indemnification statute because the waiver did not shift liability, which the statute was intended to prevent. In addition, the Court of Appeals found that the contract sufficiently satisfied the required elements for the defendant subcontractors to qualify as third-party beneficiaries of the contract. Read the court decision
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Reprinted courtesy of Gus Sara, White and Williams
Mr. Sara may be contacted at sarag@whiteandwilliams.com

HP Unveils Cheaper, 3-D Printing System to Spur Sales

November 05, 2014 — Jack Clark - Bloomberg
Hewlett-Packard Co. (HPQ) unveiled a new 3-D-capable computer and speedier 3-D printer technology as it prepares to spin off its personal-computer and printer businesses into a stand-alone company. The company today introduced Sprout, an $1,899 computer that lets people scan and manipulate 2-D and 3-D objects. It will be available early next month online and in some U.S. stores. Hewlett-Packard also said new 3-D printer technology will make the process cheaper and faster than competitors. The Palo Alto, California-based company is betting that 3-D technology will help revitalize sales and spur growth in the printer industry. More than 2.3 million 3-D printers will ship in 2018, up from about 108000 this year, according to researcher Gartner Inc. Earlier this month, Hewlett-Packard said it would split into two companies by late 2015, with one focused on corporate hardware services and the other -- dubbed HP Inc. -- on PCs and printers. Read the court decision
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Reprinted courtesy of Jack Clark, Bloomberg
Mr. Clark may be contacted at jclark185@bloomberg.net

In Phoenix, Crews Thread Needle With $730M Broadway Curve Revamp

July 31, 2024 — Scott Blair - Engineering News-Record
Motorists scrambling to dart across three lanes of traffic when merging onto the freeway. Vehicles slowing to a crawl due to extremely curved exit ramps. Commuters enduring agonizing backups as three freeways converge in a tight footprint. Bicyclists and pedestrians sweating through long detours to traverse freeways. Reprinted courtesy of Scott Blair, Engineering News-Record Mr. Blair may be contacted at blairs@enr.com Read the full story... Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES