Fairfield Connecticut Building Expert Directory

South Carolina “Your Work” Exclusion, “Get To” Costs

July 30, 2014 — Scott Patterson - CD Coverage
In Precision Walls, Inc. v. Liberty Mutual Fire Insurance Co., No. 2013-000787 (S.C. Ct. App. July 23, 2014), SYS was the general contractor for a project. SYS contracted with Precision for the supply and installation of exterior insulation board, to include the taping of all joints. After Precision completed its work, another subcontractor began construction of the brick veneer wall over the insulation board. During construction of the brick wall, some of the joint sealing tape installed by Precision began to come loose. To correct the problem, the existing portion of the brick veneer wall had to be torn down, all of the joint sealing tape removed and replaced, and the brick veneer wall rebuilt. SYS deducted the cost of tearing down and rebuilding the brick veneer wall from Precision’s contract. Precision sought reimbursement for this amount from its CGL policy issued by Liberty Mutual. Read the court decision
Read the full story...
Reprinted courtesy of Scott Patterson, CD Coverage

Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co.

December 20, 2017 — John Chiocca - Florida Construction Law News
The Florida Supreme Court issued its opinion in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., Case No., SC16-1420, which answered the following certified question from the United States Court of Appeals for the Eleventh Circuit: Is the notice and repair process set forth in Chapter 558 of the Florida Statutes a “suit'” within the meaning of the CGL policies issued by C&F to ACI? Read the court decision
Read the full story...
Reprinted courtesy of John Chiocca, Cole Scott & Kissane P.A.
Mr. Chiocca may be contacted at john.chiocca@csklegal.com

Toll Brothers Surges on May Gain in Deposits for New Homes

June 01, 2020 — Prashant Gopal - Bloomberg
Toll Brothers Inc. shares surged after the company posted profit that beat estimates and said deposits on new homes were up in recent weeks, a potential sign of optimism for the luxury housing market. The homebuilder, which focuses on higher-end customers, has struggled during the pandemic. It reported orders for the second quarter that missed estimates and said the key metric had plunged starting March 16, when much of the economy shut down. But investors shrugged off those results, focusing instead on a 13% year-over-year gain this month in deposits, which the company called a “leading indicator of current market demand.” Read the court decision
Read the full story...
Reprinted courtesy of Prashant Gopal, Bloomberg

Contract Change #9: Owner’s Right to Carry Out the Work (law note)

March 28, 2018 — Melissa Dewey Brumback - Construction Law in North Carolina
In prior versions of the General Conditions, if a contractor defaulted and the Owner (after giving notice) opted to cure by carrying out the work itself, an appropriate Change Order would be issued. However, a Change Order is a contract that requires an agreement by both the Owner and Contractor, and, obviously, Contractors were reluctant to agree that they were in default and responsible for a deductive change order. Read the court decision
Read the full story...
Reprinted courtesy of Melissa Dewey Brumback, Construction Law in North Carolina

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
Read the full story...
Reprinted courtesy of Nicholas D. Cowie, Cowie & Mott
Mr. Cowie may be contacted at ndc@cowiemott.com

Designers “Airpocalyspe” Creations

May 19, 2014 — Beverley BevenFlorez-CDJ STAFF
Blaine Brownell in Architect Magazine discussed how recently some designers have created items to deal with urban pollution, however, the creations themselves are more politically-charged than practical. Brownell lists recent examples of architects and designers “perverse” creations: “Notable smog-inspired works include the Aegis Parka, a protective jacket created by Dutch design studio Nieuwe Heren; a palladium dichloride coat that changes color in the presence of carbon dioxide emissions and is designed by London-based artist Lauren Bowker; and R&Sie(n)’s ‘Dustyrelief’ building in Bangkok, designed to collect atmospheric dust via an electrostatically-charged facade.” “Perhaps such proposals—and the disarming irony they conjure—will motivate the changes necessary to clean up our act,” Brownell concluded. Read the court decision
Read the full story...
Reprinted courtesy of

Reporting Requirements for Architects under California Business and Professions Code Section 5588

December 22, 2019 — Jordan Golden - Gordon & Rees Construction Law Blog
Below is an overview of the changes to California Business and Professions Code Section 5588 and its effect on the reporting requirements, for architects, in the construction industry. Section 5588 Prior to 2005 Legislative Changes Section 5588 of the California Business and Professions Code sets forth the reporting requirements for many business professionals including architects. Since 1979, Section 5588 has required architects and their insurers to report to the California Architect Board (the Board) “any settlement or arbitration award in excess of five thousand dollars ($ 5,000) of a claim or action for damages caused by the license holder’s fraud, deceit, negligence, incompetency, or recklessness in practice.”1 The language of the code section left open for interpretation the question of what types of settlement claims must be reported to the Board. Thus, in 2004, the Attorney General of the State of California published an opinion stating that a reportable settlement includes “any agreement resolving all or part of a demand for money which is based upon an insured architect’s alleged wrongful conduct.”2 He then went on to conclude that the only qualifications placed on the term “claim” for purposes of Section 5588 is that “(1) the demand be premised on the license holder’s alleged ‘fraud, deceit, negligence, incompetency, or recklessness in practice,’ and (2) the value of the claim, as measured by the settlement amount or arbitration award, exceeds $5,000.”3 Read the court decision
Read the full story...
Reprinted courtesy of Jordan Golden, Gordon & Rees Scully Mansukhani

There is No Claims File Privilege in Florida, Despite What Insurers Want You to Think

June 17, 2024 — Susana Arce & Stephanie A. Giagnorio - Saxe Doernberger & Vita, P.C.
As Florida insurers continue their attempts to narrow protections for policyholders, it is imperative - now more than ever - that insureds be well-informed and know their rights. Most recently, in Florida, insurers are attempting to weaponize the death of Senate Bill 1726 and House Bill 1287 to limit the documents disclosed to policyholders. Specifically, the proposed bill, which required insurers to disclose their claims file to policyholders, hoped to thwart insurers from utilizing “claims file privilege” to obstruct justice for policyholders and help level the playing field. The goal of the proposed bill was to promote transparency of the claim adjustment process and undercut insurers’ attempts to dodge discovery of relevant and necessary information during litigation, forcing the insurers to fully and honestly justify their basis for withholding coverage . Unfortunately for policyholders, on March 8, 2024, the proposed legislation was not passed by the Insurance and Banking Subcommittee. While insurers want you to believe this is a significant victory and a free pass to continue withholding documents under a “claims file privilege,” this is not the case. The proposed bill merely codified current Florida law – simply put, the “claims file privilege” never existed, and still does not. Reprinted courtesy of Susana Arce, Saxe Doernberger & Vita, P.C. and Stephanie A. Giagnorio, Saxe Doernberger & Vita, P.C. Ms. Arce may be contacted at SArce@sdvlaw.com Ms. Giagnorio may be contacted at SGiagnorio@sdvlaw.com Read the court decision
Read the full story...
Reprinted courtesy of

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES