Fairfield Connecticut Building Expert Directory

Details Matter: The Importance of Strictly Following Public Bid Statutes

September 22, 2016 — Wally Zimolong – Supplemental Conditions
Contractors bidding on public contracts know that failing to strictly following all of the technical aspects contained in the instructions to bidders can mean the difference between a winning and losing bid. In the span of two weeks, I was involved with two cases that underscored the importance of this axiom. Both cases involved New Jersey’s public bid laws. While these cases show the importance of following a specific section of New Jersey’s public bid statute, the take away – that details matter – is universal. Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

Montrose III: Vertical Exhaustion Applies in Upper Layers of Excess Coverage

May 18, 2020 — Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLP
In Montrose Chemical Corp. of Cal. v. Superior Court (No. S244737, filed 4/6/20) (Montrose III), the California Supreme Court held that, as between excess insurers at differing levels of coverage, a rule of “vertical exhaustion” or “elective stacking” applies, whereby the insured may access any excess policy once it has exhausted other excess policies with lower attachment points in the same policy period. The Court limited the rule to excess insurance, stating that “[b]ecause the question is not presented here, we do not decide when or whether an insured may access excess policies before all primary insurance covering all relevant policy periods has been exhausted.” Montrose manufactured the insecticide DDT in Torrance from 1947 to 1982. In 1990, the state and federal governments sued Montrose for environmental contamination and Montrose entered into partial consent decrees agreeing to pay for cleanup. Montrose claimed to have expended in excess of $100 million doing so, and asserted that its future liability could exceed that amount. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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Chambers USA 2020 Ranks White and Williams as a Leading Law Firm

June 15, 2020 — White and Williams LLP
White and Williams is once again recognized by Chambers USA as a leading law firm in Pennsylvania for achievements and client service in the area of insurance law. In addition, four lawyers received individual honors – two for their work in insurance, one for his work in banking and finance and another for his work in commercial litigation. White and Williams is acknowledged for its renowned practice offering expert representation to insurers and reinsurers across an impressive range of areas including coverage, bad faith litigation and excess liability. The firm is recognized for its notable strength in transactional and regulatory matters, complemented by its adroit handling of complex alternative dispute resolution proceedings and is described as "reasoned and respectful." Chambers also acknowledged the firm's broad trial capabilities, including handling data privacy, professional liability and toxic tort coverage claims as well as its experience in substantial claims arising from bodily injury and wrongful death suits. White and Williams' cross-disciplinary team is also highlighted, characterized for "work[ing] well together and provid[ing] exceptional representation." Read the court decision
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Reprinted courtesy of White and Williams LLP

City Wonders Who’s to Blame for Defective Wall

February 14, 2013 — CDJ STAFF
A wall along a beach trail in Treasure Island, Florida is cracking, and opinions are divided over it. One city commissioner, Alan Bildz, said “it looks like somebody was doing their first concrete job.” An engineer from the design firm described it as a “cosmetic issue.” Bildz was overruled on his suggestion that the wall be torn down and rebuilt. In later sections of the wall, expansion joints seem to have remedied the problem. But while the architect has offered to pay for filling the cracks with epoxy and polyurethane caulk, there’s still the question of adding expansion joints to the project. City Commissioner Phil Collins noted that the city has allocated more than $50,000 to add expansion joints, yet he feels the city should not be responsible for the expense, noting that the design could be considered defective, and under the terms of the contract, “the contractor shall bear the cost.” Read the court decision
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Reprinted courtesy of

OSHA COVID-19 Vaccination and Testing ETS Unveiled

November 19, 2021 — Donna Reichle - Construction Executive
Associated Builders and Contractors today released the following statement on the Occupational Safety and Health Administration’s issuance of its COVID-19 vaccination and testing Emergency Temporary Standard, which applies to employers with 100 or more employees as required by President Biden’s Path Out of the Pandemic COVID-19 Action Plan. “The OSHA ETS is likely to increase compliance costs and cause regulatory burdens that will exacerbate several headwinds facing the construction industry—which is currently facing a workforce shortage of 430,000, escalating materials prices and supply chain bottlenecks—and the American economy,” says Ben Brubeck, ABC vice president of regulatory, labor and state affairs. “We are currently reviewing the 490-page rule and related documents from the Biden-Harris administration in order to thoroughly evaluate its impact on our membership and the construction industry.” Reprinted courtesy of Donna Reichle, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Ms. Reichle may be contacted at reichle@abc.org

How Finns Cut Construction Lead Times in Half

December 17, 2024 — Aarni Heiskanen - AEC Business
Rakennustieto organized a Q&A on December 5, 2024, titled “Halving Construction Lead Times—Responsible or Irresponsible?” The discussion focused on speeding up residential construction and renovations. The experts answering questions were representatives from two Finnish contractors (COfLOW and Fira), a client organization (HOAS), a building materials retailer (STARK), and a research institute. Can you halve construction lead time without sacrificing quality? Jaana Matilainen of Rakennustieto asked the panelists whether halving construction time is a realistic goal today, whether they can provide any examples, and if the speed-up has increased or decreased quality. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Soldiers Turn Brickies as U.K. Homebuilders Seek Workers

May 20, 2015 — Neil Callanan – Bloomberg
After 21 years in the British Army that included tours of duty in Afghanistan and Iraq, Ross Wilson was offered a buyout. Britain’s shortage of construction workers allowed him to trade desert sand for muddy building sites in the north of England. Wilson, 38, is working as an apprentice bricklayer for homebuilder Persimmon Plc, which will train more than 300 former soldiers this year because of the country’s shortage of skilled workers. The government formed after next month’s national election will have to urgently address the lack of new homes, according to the Royal Institution of Chartered Surveyors. Persimmon’s Combat to Construction program is the latest effort by the industry to increase output as the shortage sends asking prices to record highs. Read the court decision
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Reprinted courtesy of Neil Callanan, Bloomberg

Dealing with Abandoned Property After Foreclosure

April 10, 2019 — Bremer Whyte Brown & O'Meara LLP
California landlords must follow very specific steps before disposing of property that is clearly abandoned, left on real estate which has been the subject of court proceedings such as eviction or foreclosure, or otherwise left behind. Following the statutory procedures relating to abandoned property protects landlords from potential liability for an improper “conversion.” Former tenants/owners and others “reasonably believed” to be owners of the apparently abandoned personal property must be given proper written notice of the right to reclaim the abandoned property. The tenant is presumed to be the owner of any “records” remaining on the property. The California Code of Civil Procedure provides a template for such notice. The notice to be provided to former tenants/owners must be in “substantially” the same form provided in the California Code of Civil Procedure and must contain the following information:

A description of the abandoned property in a manner reasonably adequate to permit the owner of the property to identify it;
The location where the tenant can claim the property;
The time frame that the tenant has to claim the property. The date specified in the notice shall be a date not less than fifteen (15) days after the notice is personally delivered or, if mailed, not less than eighteen (18) days after the notice is deposited in the mail;
A statement that reasonable storage costs will be charged to the tenant/owner and the tenant/owner must pay those costs before claiming the property; and

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Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES