Fairfield Connecticut Building Expert Directory

Is Performance Bond Liable for Delay Damages?

October 20, 2016 — David Adelstein – Florida Construction Legal Updates
There is an argument that a performance bond is not liable for delay damages UNLESS the bond specifically allows for the recovery of such damages. Keep this in mind when requiring a performance bond so that the bond covers the associated risks (and damages) you contemplate when requiring the bond. This argument is supported by the Florida Supreme Court’s 1992 decision in American Home Assur. Co. v. Larkin General Hosp., Ltd., 593 So.2d 195, 198 (Fla. 1992):

The language in the performance bond, construed together with the purpose of the bond, clearly explains that the performance bond merely guaranteed the completion of the construction contract and nothing more. Upon default, the terms of the performance bond required American [performance bond surety] to step in and either complete construction or pay Larkin [obligee] the reasonable costs of completion. Because the terms of the performance bond control the liability of the surety, American’s liability will not be extended beyond the terms of the performance bond. Therefore, American cannot be held liable for delay damages.

However, the Eleventh Circuit in National Fire Ins. Co. of Hartford v. Fortune Const. Co., 320 F.3d 1260(11th Cir. 2003), also analyzing an issue relating to the recoverability of delay-type damages against a performance bond, did not narrowly interpret the Florida Supreme Court’s decision in Larkin General Hospital. Read the court decision
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Reprinted courtesy of David Adelstein, Katz, Barron, Squitero, Faust, Friedberg, English & Allen, P.A.
Mr. Adelstein may be contacted at dma@katzbarron.com

Designing the Process to Deliver Zero-Carbon Construction – Computational Design in Practice

January 04, 2023 — Peter Debney - AEC Business
Computational Design is generating increasing interest in the construction industry as well as a certain amount of confusion. It is not parametric design; instead it takes parametric design to the next level. It is a set of methods that will define how we design structures over the next decades. With Computational Design, you don’t design the building; you design the automated process to find the best building design. Why use Computational Design? Computational Design is enabling us to create buildings that are far more efficient than we can manage using more traditional methods. Some architects are indeed using it to produce novel building forms, but its great advantage is in helping us towards efficient, zero-carbon construction. Read the court decision
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Reprinted courtesy of Peter Debney, AEC Business

Stay of Coverage Case Appropriate While Court Determines Arbitrability of Dispute

April 22, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The Fifth Circuit vacated a discovery order issued by the district court and remanded the case for issuance of a stay while the arbitrability of the coverage dispute was reviewed. Cameron Parish Recreation #6 v. Indian Harbor Ins. Co., et al., 2024 U.S. App. LEXIS 3804 (5th Cir. Feb. 19, 2024). The plaintiffs purchased surplus lines polices from various insurance companies to provide coverage for commercial properties. The policies included an arbitration provision for resolving any disputes. After plaintiffs were denied coverage for damage to their properties from Hurricane Laura, they sued the insurers. The insurers filed motions to compel arbitration and to stay the case. The district court refused the stay and ordered limited discovery into arbitrability. The insurers appealed. 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

Feds Outline Workforce Rules for $39B in Chip Plant Funding

April 10, 2023 — James Leggate - Engineering News-Record
Semiconductor chip producers must pay their construction workforce prevailing wages and will be “strongly encouraged” to use project labor agreements if they want a piece of the $39 billion available in federal funding to support fabrication plant construction, expansion or modernization projects, U.S. Commerce Secretary Gina Raimondo says. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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Housing Starts in U.S. Surge to Seven-Year High as Weather Warms

May 20, 2015 — Sho Chandra – Bloomberg
New residential construction in the U.S. surged in April to the highest level in more than seven years, indicating the industry has moved beyond a weather-related soft patch to regain strength. Housing starts jumped 20.2 percent to a 1.14 million annualized rate, the most since November 2007, from a 944,000 pace in March, a Commerce Department report showed Tuesday in Washington. The median forecast of 83 economists surveyed by Bloomberg was 1.02 million. More permits, a proxy for future construction, were issued than at any time since June 2008. An improving labor market and mortgage costs close to multiyear lows are reviving residential construction, a sign that the weakness in early 2015 was probably due to harsh winter weather. Builders including PulteGroup Inc. have said the spring selling season is off to a good start, and sentiment data for May showed developers are optimistic about the next six months. Read the court decision
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Reprinted courtesy of Shobhana Chandra, Bloomberg

Traub Lieberman Attorneys Recognized as 2022 Illinois Super Lawyers® and Rising Stars

February 21, 2022 — Traub Lieberman
Traub Lieberman is pleased to announce that two Partners from the Chicago, IL office have been selected to the 2022 Illinois Super Lawyers list. In addition, three Partners have been named to the 2022 Super Lawyers Rising Stars list. 2022 Illinois Super Lawyers

Brian Bassett – Insurance Coverage
Dana Rice – Insurance Coverage

2022 Super Lawyers Rising Stars

Brandt Allen – Insurance Coverage
Jessica Kull – Civil Litigation: Defense
Jeremy Macklin – Insurance Coverage

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Reprinted courtesy of Traub Lieberman

Senior Living Facility Makes Construction Defect Claims

November 13, 2013 — CDJ STAFF
Midland Meadows Senior Living, LLC has filed a petition for declaratory judgment in the U.S. District Court in West Virginia, claiming that the contractor who built the facility, Arcon Group Incl, made a variety of errors, leading to mold and lack of water in the dining room, but also that floors were improperly constructed, sump pumps were not installed, and that the company failed to properly insulate the buildings. The lawsuit also names Arcon Group’s insurer, First Mercury Insurance Company. Read the court decision
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Loan Snarl Punishes Spain Builder Backed by Soros, Gates

July 30, 2014 — Katie Linsell, Manuel Baigorri and Ruth David – Bloomberg
Pressure is mounting on Esther Koplowitz to refinance personal loans before a deadline tomorrow and allow a Spanish builder that counts Bill Gates and George Soros among investors to resolve its own debt tangle. Koplowitz is renegotiating about 1 billion euros ($1.8 billion) of debt tied to her controlling stake in Fomento de Construcciones & Contratas SA, according to two people familiar with the matter, who asked not to be identified because it’s private. Her determination to retain control means that she is unlikely to approve any plan by FCC to raise equity until she refinances her own debt, the people said. Ms. Linsell may be contacted at klinsell@bloomberg.net; Mr. Baigorri may be contacted at mbaigorri@bloomberg.net; Ms. David may be contacted at rdavid9@bloomberg.net Read the court decision
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Reprinted courtesy of Katie Linsell, Manuel Baigorri and Ruth David, Bloomberg

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES