Fairfield Connecticut Building Expert Directory

Want to Stay Up on Your Mechanic’s Lien Deadlines? Write a Letter or Two

March 22, 2017 — Christopher G. Hill – Construction Law Musings
90 days. 150 days. 6 months. 30 days. Do these numbers sound familiar? If you read Construction Law Musings regularly, they should be. These are various deadlines relating to the recording and enforcement of mechanic’s liens in Virginia. 90 days from your last work performed (or from the last date of the last month of work in the correct circumstances) sets the outside limit on when a construction company can record a lien on a construction project. 150 days is the “look back” period for what work’s value can be included in that lien. 6 months is the statute of limitations for the filing of an enforcement suit. Finally, 30 days amount of time after your start of work within which you, as a construction professional, must notify a mechanic’s lien agent of your presence on a residential project. Of course, there are always nuances to these rules that need to be taken into account, preferably with the help of your friendly neighborhood construction attorney, before deciding how to proceed in this very picky and “form over function” area of construction law. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Global Emissions From Buildings, Construction Climb to Record Levels

November 28, 2022 — Gautam Naik - Bloomberg
Carbon-dioxide emissions from building construction and operations hit an all-time high in 2021, according to the most recent data, a sign that the push to decarbonize the industry by 2050 may be slipping out of reach. Energy-related emissions from the operation of buildings reached 10 gigatonnes of CO2 equivalent, 5% higher than 2020 levels and 2% more than the pre-pandemic peak in 2019, according to data compiled by the Global Alliance for Buildings and Construction. Operational energy demand in buildings for heating, cooling, lighting and equipment rose about 4% from 2020 levels, the group said. While investments in building energy efficiency increased 16% last year to $237 billion, the growth in floor space outpaced efficiency efforts. As a result, “the gap between the climate performance of the sector and the 2050 decarbonization pathway is widening,” the report concluded. Read the court decision
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Reprinted courtesy of Gautam Naik, Bloomberg

Beyond the Disneyland Resort: Special Events

May 03, 2018 — Beverley BevenFlorez-CDJ STAFF
Want to exchange your mouse ears for a baseball cap? The Los Angeles Angels of Anaheim are home May 13th through the 20th. See the Angels play Houston on the 16th or Tampa Bay on the 17th or 18th. The House of Blues of Anaheim has moved out of Downtown Disney. Concerts you may want to attend there include VHS Collection on 5/16 at 7pm, Party Like It’s 1999! A Prince Tribute Party at 7pm on 5/18 or Life of Agony also at 5/18 at 7pm. If you’re still in town on Saturday, 5/19, you can check out School of Rock Tustin at 10am. Soulfly & Nile will be playing at the City National Grove of Anaheim on Friday, 5/18 at 6:30pm. Read the court decision
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Tesla Powerwalls for Home Energy Storage Hit U.S. Market

May 12, 2016 — Dana Hull – Bloomberg
To Steve Yates, the best thing about his new Tesla Powerwall is that he doesn’t have to worry anymore about the lights going out during a storm. Or maybe it’s how cool an addition it is to the entryway of his house in Monkton, Vermont. “I’ve always wanted to have a backup power source,” said Yates, who was without electricity for 36 hours during Hurricane Irene in 2011. He also admires the Powerwall’s sleek white contours. “It’s kind of art-deco looking.” A year after Elon Musk unveiled the Powerwall at Tesla Motors Inc.’s design studio near Los Angeles, the first wave of residential installations has started in the U.S. The 6.4-kilowatt-hour unit stores electricity from home solar systems and provides backup in the case of a conventional outage. Weighing 214 pounds and standing about 4-feet tall, it retails for around $3,000. But hookup by a trained electrician is required, as is something called a bi-directional inverter that converts direct-current electricity into the kind used by dishwashers and refrigerators. The costs add up quickly -- which has fueled skepticism about Musk’s dream of changing the way the world uses energy. Read the court decision
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Reprinted courtesy of Dana Hull, Bloomberg

Motion to Dismiss Insurer's Counterclaim for Construction Defects Is Granted

June 29, 2017 — Tred R. Eyerly - Insurance Law Hawaii
The court granted the insured's motion to dismiss the insurer's counterclaim arising out of construction defects. Centrex Homes v. Zurich Specialties London Limited, et al., 2017 U.S. Dist. LEXIS 77212 (D. Nev. May 19, 2017). Centrex, the general contractor, was sued by homeowners in a residential development known as Liberty Hill Estates. The suit alleged that defective work had been performed by Centrex's subcontractors, one of which was Valley Concrete Company, Inc. The insurer had issued a policy to Valley and Centrex was an additional insured. The insurer agreed to defend, but only paid a portion of the defense fees and costs because the policy only covered Centrex as to liability arising from Valley's work. The insurer refused to pay defense costs incurred prior to March 28, 2012 the date of notice of claims arising from Valley's work. Centrex then filed suit against the insurer alleging breach of contract and bad faith. The insurer filed a counterclaim seeking a declaration that it had no duty to defend. The insurer claimed that Centrex failed to cooperate by unilaterally switching counsel without prior notification to the insurer. This deprived the insurer of the right to control the defense and discharged the insurer's obligations under the policy. Centrex moved to dismiss the counterclaim. Read the court decision
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Reprinted courtesy of Tred R. Eyerly - Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Implications for Industry as Supreme Court Curbs EPA's Authority

August 15, 2022 — Pam McFarland & Jeff Yoders - Engineering News-Record
The U.S. Supreme Court has limited the ability of the U.S. Environmental Protection Agency to regulate power plant greenhouse gas emissions, and though the court’s opinion referred to a fairly narrow provision within the Clean Air Act, the ruling potentially places broad restrictions on the ability of federal agencies to enact regulations to address the climate crisis, according to several sources. Reprinted courtesy of Pam McFarland, Engineering News-Record and Jeff Yoders, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Mr. Yoders may be contacted at yodersj@enr.com Read the full story... Read the court decision
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Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act

July 22, 2019 — Garret Murai - California Construction Law Blog
The Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100 et seq.), also known as the Listing Law, is intended to prevent direct contractors on public works projects from “bid shopping” and “bid peddling.” Bid Shopping: Bid shopping is when a direct contractor discloses a subcontractor’s bid to other subcontractors in an attempt to obtain a lower bid than the one in which it based its bid to the owner. Bid Peddling: Bid peddling is the other side of the equation. It is when a subcontractor whose bid was not selected, lowers its bid in an attempt to induce the direct contractor to substitute it for another subcontractor after the prime contractor’s bid has been awarded. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Five New Laws to Know Before They Take Effect On Jan. 1, 2022

December 27, 2021 — Amy R. Patton & Blake A. Dillion - Payne & Fears
Gov. Gavin Newsom closed California’s 2020-2021 Legislative Session with a flurry of bill signings, many of which created and/or updated employment-related laws. A few of these bills were “emergency bills” which became effective immediately (such as the COVID-related right to rehire and sick pay laws), while others do not become effective until Jan. 1, 2022. Employers should ensure that their policies, procedures, and systems comply with these new and updated laws. California’s Regulation of Quotas in Warehouse Distribution Centers On Sept. 22, 2021, Governor Newsom signed AB 701, aimed at regulating quotas in warehouse distribution centers, into law. Effective Jan. 1, 2022, employers with 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in the state must provide to each nonexempt employee, upon hire, or by Jan. 31, 2022, a written description of each quota to which the employee is subject. This bill also sets certain standards for what constitutes an enforceable quota and for the employer’s obligation to respond to information requests. Employers should carefully review their quota systems to first determine if the quotas are necessary, and if so, ensure compliance with this new law by preparing clear written descriptions for each and every quota. A more in-depth discussion of the provisions of the AB 701 can be found here. Reprinted courtesy of Amy R. Patton, Payne & Fears and Blake A. Dillion, Payne & Fears Ms. Patton may be contacted at arp@paynefears.com Mr. Dillion may be contacted at bad@paynefears.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES