FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

When Are General Conditions and General Requirements Covered by Builder's Risk

December 18, 2022 — Michael V. Pepe & Grace V. Hebbel - Saxe Doernberger & Vita
General conditions and general requirements are terms of art in the construction industry that describe the indirect costs necessary to complete a construction project. After physical loss or damage to a project, the following question often arises: Are “general conditions” and “general requirements” covered under a builder’s risk policy? General Conditions vs. General Requirements General conditions are usually described as the cost of managing a construction project. Examples include salaries for personnel like project managers, supervisors, engineers, field office staff, as well as the cost of field trailers, office equipment and supplies, and anything necessary to support the staff. General requirements are the non-management indirect costs of executing the project, including items such as pre-development costs, permits, security, dumpsters, fences, temporary lighting, worker amenities, and clean-up costs. Reprinted courtesy of Michael V. Pepe, Saxe Doernberger & Vita and Grace V. Hebbel, Saxe Doernberger & Vita Mr. Pepe may be contacted at MPepe@sdvlaw.com Ms. Hebbel may be contacted at GHebbel@sdvlaw.com Read the court decision
Read the full story...
Reprinted courtesy of

---

The G2G Year in Review: 2020

January 18, 2021 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
As we say goodbye to 2020, we wanted to share our top five most-read articles of 2020 from Gravel2Gavel. The most-read blog posts covered real estate and construction industry trends ranging from proptech trends like blockchain tokenization to COVID-specific rent carveouts and management disclosures to trends and market updates. Our posts provided deep industry insight and summarized hot topics that addressed the legal implications and disruptions that affected the market. Our 2020 roundup:

1. Blockchain-Based Tokenization of Commercial Real Estate by Josh Morton and Matt Olhausen. Josh and Matt discuss the increasing interest in technology applications for real estate assets, or “Proptech,” and tokenization’s potential.
2. Real Estate Trends: Looking Ahead to 2021 by Adam Weaver. Adam discussed the pandemic’s influence and future trends for the real estate market.

Read the court decision
Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

---

Meet the Forum's In-House Counsel: KATE GOLDEN

February 19, 2024 — Jessica Knox - The Dispute Resolver
Company: Mortenson Email: kate.golden@mortenson.com Website: www.mortenson.com College: University of Iowa (Bachelor of Science in Engineering, 1991) Graduate School: University of Minnesota (Master of Science in Civil Engineering, 1994) Law School: William Mitchell College of Law (now Mitchell | Hamline School of Law) (JD 1999) States Where Company Operates/Does Business: Mortenson is a national builder and developer with 13 regional office locations. Q: Describe your background and the path you took to becoming in-house counsel. A: In high school, I loved math and science, so I attended the University of Iowa College of Engineering and studied civil engineering, with a focus on environmental engineering. To practice environmental engineering at that time, you generally needed a master’s degree, so I attended the University of Minnesota, where my thesis for my degree program was “Organochlorines in Lake Michigan.” I then worked as an environmental engineer for a consulting firm called Montgomery Watson (now MWH) assisting clients with various environmental issues from air permitting to watershed reports to risk assessments of contaminated sites. Read the court decision
Read the full story...
Reprinted courtesy of Jessica Knox, Stinson LLP
Ms. Knox may be contacted at jessica.knox@stinson.com

---

Best Lawyers Recognizes Twelve White and Williams Lawyers

September 15, 2016 — White and Williams LLP
The 2017 Best Lawyers in America list includes twelve White and Williams lawyers. Inclusion in Best Lawyers is based entirely on peer-review. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of quality legal services.

2017 Best Lawyers
• Frank Bruno, Patent Law
• Richard Campbell, Product Liability Litigation – Defendants
• James Coffey, Mergers and Acquisitions Law
• Timothy Davis, Real Estate Law
• William Hussey, Tax Law; Trusts and Estates
• Michael Kraemer, Employment Law - Management; Labor Law - Management; Litigation - Labor and Employment
• Randy Maniloff, Insurance Law
• John Orlando, Personal Injury Litigation - Defendants
• Thomas Rogers, Real Estate Law
• Joan Rosoff, Real Estate Law
• Craig Stewart, Insurance Law; Product Liability Litigation - Defendants
• William Taylor, Construction Law
Read the court decision
Read the full story...
Reprinted courtesy of White and Williams LLP


---

Attorneys' Fees Awarded "Because Of" Property Damage Are Covered by Policy

August 29, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The Ninth Circuit upheld the District Court's decision that the insured Association of Apartment Owners was entitled to coverage for the attorneys' fees incurred [prior post here].Assoc'n of Apartment Owners of the Moorings, Inc. v. Dongbu Ins. Co., Ltd., 2018 U.S. App. LEXIS 20251 (9th Cir. July 20, 2018). The District Court for the District of Hawaii granted summary judgment to the AOAO, requiring Dongbu to indemnify the AOAO for an award of attorney's fees that an arbitrator ordered the AOAO to pay to the underlying claimants. The claimants prevailed on a claim that their condominium unit incurred water damage due to a common roof leak. Dongbu's policy required it to reimburse those sums that the AOAO was legally obligated to pay as damages because of property damage. The AOAO became legally obligated to pay the claimants' fees once the state court confirmed the arbitration award. Further, the water damage to the home constituted covered property damage under the policy. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

Legal Battle Kicks Off to Minimize Baltimore Bridge Liabilities

May 06, 2024 — Brendan Murray - Bloomberg
The owner of the ship that destroyed Baltimore’s Francis Scott Key Bridge, causing the indefinite closure of the port a week ago, is seeking to limit its liability to about $44 million. According to reporting by my Bloomberg News colleagues citing legal experts, the company — Grace Ocean — could face hundreds of millions of dollars in damage claims. On Monday it filed a petition jointly with Synergy Marine, which was operating the Singapore-flagged container ship Dali. They claim the collapse of the bridge was “not due to any fault, neglect, or want of care” of the companies and that they shouldn’t be held liable for any loss or damage from the disaster. Read the court decision
Read the full story...
Reprinted courtesy of Brendan Murray, Bloomberg


---

Homeowner Survives Motion to Dismiss Depreciation Claims

September 23, 2024 — Tred R. Eyerly - Insurance Law Hawaii
The insurer's motion to dismiss claims for improper claims handling when considering implementation of depreciation was denied. Morrison v. Indian Harbor Ins. Co, et al., 2024 U.S. Dist. LEXIS 115664 (S. D. W. Va. July 1, 2024). Plaintiff's home suffered flood damage. The house was insured by Indian Harbor a surplus lines carrier that offered specialized and high risk property policies in West Virginia. Surplus lines policies were procured in West Virginia through a "surplus lines licensee." Here, Neptune Flood Inc. was the surplus lines licensee broker for Indian Harbor. Peninsula Insurance Bureau, Inc. was an administrator and loss adjuster involved in the claim. After the flood, Plaintiff notified defendants of the damage and immediately cleaned and repaired the house. Plaintiff asserted that Neptune was given notice of the loss and one of its agents made recommendations regarding the coverage available and conveyed the information to Peninsula and Indian Harbour. Plaintiff claimed that defendants misrepresented his policy coverage and made incorrect adjustments for depreciation based on Neptune's statements and recommendations. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

---

Warren Renews Criticism of Private Equity’s Role in Housing

February 01, 2022 — Akayla Gardner - Bloomberg
Senator Elizabeth Warren is doubling down on her criticism of private equity’s involvement in the U.S. housing market as the nation grapples with an affordable-housing shortage. In letters sent Thursday, the Massachusetts Democrat asked housing firms Progress Residential LLC, Invitation Homes Inc. and American Homes 4 Rent about recent rent hikes, plans to acquire more properties and the number of evictions in recent years. Warren and other Democrats have scrutinized Wall Street’s role in the housing market since the 2008 financial crisis. During the pandemic, lawmakers have been on high alert for violations of eviction moratoriums and unfair treatment as Americans struggled financially to stay on their feet. Warren also expressed concern about automated homebuying practices, which allow companies to buy up properties using algorithms. Bloomberg reported that last year Zillow offloaded thousands of homes to institutional investors. Read the court decision
Read the full story...
Reprinted courtesy of Akayla Gardner, Bloomberg


---