Fairfield Connecticut Building Expert Directory

Arkansas: Avoiding the "Made Whole" Doctrine Through Dépeçage

April 09, 2014 — Robert M. Caplan – White and Williams LLP
In Arkansas, a workers’ compensation carrier’s subrogated recovery is subject to a determination of whether the injured worker—or, as the case may be, the worker’s surviving beneficiaries—has been “made whole” by the worker’s recovery against the third party tortfeasor. See, e.g., Yancey v. B & B Supply, 213 S.W.3d 657, 659 (Ark. App. 2005) (“An insured’s right to be made whole takes precedence over an insurer’s right to subrogation, and an insured must be fully compensated before the insurer's right to subrogation arises.”) [1] More often than not, a “made whole” determination will completely eradicate the carrier’s lien. But under the right circumstances, a workers’ compensation carrier may be able to avoid the harsh outcome of “made whole” by intervening in a pending third party action and subsequently filing a motion for dépeçage—i.e., the conflict of laws principle requiring the court to conduct a separate choice of law analysis for discrete issues in a given case. A motion for dépeçage, in this sense, would demand that the court conduct a choice of law analysis to determine what state’s workers’ compensation subrogation law will apply on reimbursing a carrier’s lien. We recently exploited this often underutilized tactic—to avoid Arkansas’ made whole doctrine—in a case involving a fatal plane crash in Louisiana. In that case, the deceased worker and his beneficiaries were residents of Louisiana; the accident took place in Louisiana; the worker was officially employed in Louisiana; and the workers’ compensation insurance policy was governed by, and benefits were paid under, Louisiana law. The only “contact” with Arkansas [2], meanwhile, was that Arkansas was the defendant’s domicile. Read the court decision
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Reprinted courtesy of Robert M. Caplan, White and Williams LLP
Mr. Caplan may be contacted at caplanr@whiteandwilliams.com

Don’t Do this When it Comes to Construction Liens

September 07, 2020 — David Adelstein - Florida Construction Legal Updates
When it comes to preparing and recording a construction lien, this case is an example of what NOT TO DO! I mean it — this exemplifies what NOT TO DO! It is also a case study of why a party should always work with counsel in preparing a construction lien so that you can avoid the outcome in this case–your lien being deemed fraudulent. In Witters Contracting Company v. West, 2020 WL 4030845 (Fla. 2d DCA 2020), homeowners hired a contractor to renovate their home under a cost-plus arrangement where the contractor was entitled to a 10% fee on construction costs. The contract also required extra work to be agreed in writing between the owner and contractor. During construction a dispute arose. The contractor texted the owner that it will cancel the permit and record a $100,000 construction lien if the owner did not pay it $30,000. Shortly thereafter, the contractor’s counsel sent the homeowners a demand for $59,706 with back-up documentation. Less than a week later, the contractor recorded a construction lien for $75,000. The owners initiated a lawsuit against the contractor that included a claim for fraudulent lien. The contractor then amended its construction lien for $87,239. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Sellers' Alleged Misrepresentation Does Not Amount To An Occurrence

November 30, 2020 — Tred R. Eyerly - Insurance Law Hawaii
The insurer successfully established on summary judgment that the insureds' alleged misrepresentation in the sale of a condominium was not an occurrence. Novak v. St. Maxent-Wimberly House Condo., 2020 U.S. Dist. LEXIS 167397 (E.D. La. Sept. 14, 2020). State Farm issued the sellers a condominium unit owner's policy. The buyers sued the sellers, contending the sellers had made misrepresentations in the sale process. The sellers allegedly failed to disclose defects in the condominium before and at the time of the sale. State Farm intervened, seeking a declaration that it was not required to defend or indemnify the sellers because there was no occurrence. 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

Nine Firm Members Recognized as Super Lawyers and Rising Stars

July 14, 2016 — Ahlers & Cressman PLLC Blog
Ahlers & Cressman PLLC attorneys have again been recognized as “Super Lawyers” and “Rising Stars” (attorneys under 40 years of age, or practicing under 10 years) in Washington for 2016. Six Ahlers & Cressman attorneys were recognized as Super Lawyers: John P. Ahlers, Paul R. Cressman, Jr., Scott R. Sleight, Bruce A. Cohen, Lawrence S. Glosser, and Brett M. Hill. Additionally, three of the firm’s attorneys have been recognized as Rising Stars: Ryan W. Sternoff, James R. Lynch, and Lindsay K. Taft. Super Lawyers selects attorneys using a multiphase selection process, involving peer nominations, evaluations, and third-party research. Each attorney candidate is evaluated on 12 indicators of peer recognition and professional achievement. Only five percent of the total lawyers in Washington State are selected for the honor of Super Lawyer, and no more than 2.5 percent are selected for the honor of Rising Star. Read the court decision
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Reprinted courtesy of

Delay Leads to Problems with Construction Defects

November 27, 2013 — CDJ STAFF
The Bardwells bought a new home in the Philadelphia area in 2000. Now, thirteen years later they’ve learned that their house has been slowly rotting away due to moisture trapped beneath the stucco. And they’re not alone. The O’Days bought a home for about $1 million, and it now needs about $200,000 in repairs. All the stucco has been removed and their home is being rebuilt. Monica Bardwell said that “everything was rotted,” and “there was not a piece of good wood to be salvaged.” Other area homeowners are finding similar problems. Wendy Meyer had her home inspected by Kevin Thompson. Mr. Thompson said, “I shouldn’t be able to take a piece of plywood like that and crush it in my hands completely disintegrated.” Mr. Thompson described it as due to “faulty construction,” which he estimated accounted for such damage “95 percent of the time.” The Pennsylvania Builders Association says that diligent homeowners can head off problems with maintenance. “Make sure water isn’t continually on the outside of the stucco,” said Brent Sailhamer of the PBA. “Make sure there are no large cracks where water can seep behind the stucco.” For those who bought their homes as far back as the Bardwells, it’s already too late to sue anyone. Pennsylvania construction defect law allows 12 years for lawsuits. Read the court decision
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The Creation of San Fransokyo

June 17, 2015 — Garret Murai – California Construction Law Blog
Some of the most awe inspiring buildings and urban environments started off on paper and, these days, on computer screens. Think Babylon or even Pierre Charles L’Enfant’s Washington, D.C.. Most of those structures and cityscapes were designed for human habitation, but not all. Some were designed purely for our imaginations, like Minecraft, which those of you with young ones might be familiar with. Another more recent example though is Big Hero 6, about a science-whiz named Hiro (pronounced “hero,” get it) who journeys from boyhood to manhood and saves the world along the way with his robot pal Baymax. The movie is set in foreign-yet-familiar “San Fransokyo.” 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

New Member Added to Seattle Law Firm Williams Kastner

May 21, 2014 — Beverley BevenFlorez-CDJ STAFF
Attorney Todd W. Blischke has become a member of Seattle, Washington’s Williams Kastner law firm, according to Herald Online. Blishcke, who “has experience representing contractors, sureties, real estate developers, public agencies and private owners” will “chair the firm’s Construction Litigation and Surety Practices Team.” “Todd is an excellent addition to the firm’s Seattle office, and we are thrilled to have him on board,” said Jessie Harris, Managing Director of Williams Kastner, as quoted by Herald Online. “His years of experience in construction and surety matters will be an asset to Williams Kastner’s established construction litigation practice.” Read the court decision
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Newport Beach Attorneys John Toohey and Nick Rodriguez Receive Full Defense Verdict

July 31, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Bremer Whyte Brown & O’Meara is pleased to report that Partner John Toohey and Senior Associate Nicholas Rodriguez received a complete defense verdict after a 5-week jury trial in Orange County Superior Court. The case involved a multimillion-dollar home in Orange County. Plaintiff had originally suffered a water loss throughout areas of the home. Our client, an Orange County restoration and construction company, was hired to provide on-going estimates and perform demolition. Plaintiff claimed that, in the course of the demolition process, asbestos containing material was disturbed and spread resulting in contamination throughout home. Plaintiff claimed contractor negligence and breach of contract against our client. Plaintiff sought millions against our client in general and special damages for whole home restoration and other related general damages. The jury found in complete favor of our client on all allegations and awarded zero dollars to the opposing party. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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