Fairfield Connecticut Building Expert Directory

Earthquake Hits Mid-Atlantic Region; No Immediate Damage Reports

November 30, 2017 — The Associated Press (Randall Chase) - Bloomberg
Dover, Del. (AP) -- An earthquake has jolted the Mid-Atlantic region of the East Coast, but there are no immediate reports of damage or injuries. The U.S. Geological Survey says the 4.1 magnitude quake struck just after 4:45 p.m. Thursday, and was centered about 6 miles (10 kilometers) east-northeast of Dover, Delaware. It was felt as far away as Baltimore. Read the court decision
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Reprinted courtesy of The Associated Press (Randall Chase), Bloomberg

Another Worker Dies in Boston's Latest Construction Accident

June 20, 2022 — Scott Van Voorhis - Engineering News-Record
Boston Police and the US Occupational Safety and Health Administration are investigating a June 9 early morning construction accident that killed a worker in Boston’s Seaport district— the latest in a spate of fatalities at worksites across the city's metro area during the past 18 months. Reprinted courtesy of Scott Van Voorhis, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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When Subcontractors Sue Only the Surety on Payment Bond and Tips for General Contractors

August 13, 2019 — Ira M. Schulman & Emily D. Anderson - ConsensusDocs
Payment bonds have been a staple of public construction projects since 1874, when the U.S. Congress first passed the Heard Act, which required that contractors obtain payment bonds for public projects to ensure that subcontractors and material suppliers have a way to recover their damages if an upstream contractor fails to pay for work performed and materials furnished on the project. The 1874 Heard Act has since been replaced by the 1935 Miller Act, and the concept has been expanded to construction projects funded by the states through state statutes known as “Little Miller Acts.” But the structure remains the same: On most public projects where the project’s cost exceeds $100,000, the prime contractor (the bond principal) is required to obtain a payment bond from a surety equal to the contract price to guarantee to subcontractors and material suppliers (the bond obligees) that the surety will pay for labor and materials under certain statutory or contractual conditions should the contractor fail to make payment. A surety is jointly and severally liable with the contractor to the subcontractor, which means that the subcontractor may seek recovery against either the contractor or the surety or both, and the contractor and surety will be liable for the damages together. Put another way, in most states and in federal court, an unpaid subcontractor has the right to sue only the surety on the payment bond without joining the contractor because a contract of suretyship is a direct liability of the surety to the subcontractor.1 When the contractor fails to perform, the surety becomes directly responsible at once — it is unnecessary for the subcontractor to establish that the contractor failed to carry out its contract before the obligation of the surety becomes absolute. Reprinted courtesy of Ira M. Schulman, Pepper Hamilton LLP and Emily D. Anderson, Pepper Hamilton LLP Mr. Schulman may be contacted at schulmani@pepperlaw.com Ms. Anderson may be contacted at andersone@pepperlaw.com Read the court decision
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Contractor Beware: Design-Build Firms Must Review Washington’s Licensing Requirements

October 16, 2018 — John Krawczyk - Ahlers Cressman & Sleight PLLC
Design-build contracting is a method of project delivery where the contractor provides both architectural/design and building services to the owner. Yet rarely do firms perform both design and building work in equal measure. Rather, in many instances, firms perform the vast majority of their work on the building side while advertising and providing design services for smaller projects using in-house architects. Regardless of the volume of design-build contracting a firm performs, any firms practicing this method of project delivery must be aware of Washington State’s registration requirement under RCW 18.08.420(1), and specifically the condition that a “designated architect” must serve as a partner, manager or director of the firm’s governing structure. Read the court decision
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Reprinted courtesy of John Krawczyk, Ahlers Cressman & Sleight PLLC
Mr. Krawczyk may be contacted at john.krawczyk@acslawyers.com

Condominium Construction Defect Resolution in the District of Columbia

October 26, 2017 — Nicholas D. Cowie - Maryland Condo Construction Defect Law Blog
Newly constructed and newly converted condominiums in the District of Columbia often contain concealed or “latent” construction defects. Left undetected and unrepaired, defects in the construction of a condominium can cause extensive damage over time, requiring associations to assess their members substantial repair costs that could have been avoided by making timely developer warranty claims. This article provides a general overview of how Washington DC condominium associations transitioning from developer control can proactively and successfully identify defects and resolve construction defect claims with condominium developers and builders. Condominium Association Responsibility for Timely Evaluation of Common Element Construction Condominium associations are charged with the responsibility of overseeing and maintaining condominium common element facilities, typically consisting of building roofs, exterior walls, foundations, lobbies, common hallways, elevators, surrounding grounds, and the common structural mechanical, electrical, and plumbing systems. Following the period of developer control, it is incumbent upon a condominium association’s first unit owner elected board of directors to evaluate the construction of the condominium common element facilities and determine whether the existing, developer-created, budget and reserve fund are adequate to cover the cost of maintaining, repairing, and ultimately replacing the condominium facilities over time. Read the court decision
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Reprinted courtesy of Nicholas D. Cowie, Cowie & Mott, P.A.
Mr. Cowie may be contacted at ndc@cowiemott.com

Massive Danish Hospital Project Avoids Fire Protection Failures with Imerso Construction AI

December 23, 2023 — Aarni Heiskanen - AEC Business
Ensuring regulatory compliance of firewall constructions is getting a high-tech boost. Over the past 16 months, the construction team responsible for the iconic new Nyt Hospital Nordsjælland near Copenhagen used Imerso construction AI technology to achieve remarkable results. By using Imerso, the team enhanced work productivity while preventing costs and delays worth €5.2 million during the construction of the superstructure. Inspired by this success, the team led by Project Manager Anders Kaas has since been eager to explore the potential of the technology in other areas. The opportunity arose to address a topic that has traditionally posed significant challenges and expenses in numerous construction projects – ensuring regulatory compliance of fire barriers and firewall constructions. 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

Harmon Tower Opponents to Try Mediation

June 28, 2013 — CDJ STAFF
There are plenty of issues on the table in the fight between CityCenter and Tutor Perini over the Harmon Tower project in Las Vegas. Some of them might be solved at a mediator’s table instead of reaching the courtroom. Both sides will be participating in a six-day negotiation with an outside mediator. Their hope is that the projected two-year jury trial can be reduced to only one year. The judge in the case remains skeptical. “It ain’t happening. I know you all,” was Clark County District Judge Elizabeth’s Gonzalez’s comment. Read the court decision
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United States Supreme Court Grants Certiorari in EEOC Subpoena Case

March 29, 2017 — Jeffrey M. Daitz & Rashmee Sinha - Peckar & Abramson, P.C.
On September 29, 2016, the United States Supreme Court granted certiorari in McLane Co. Inc. v. EEOC, case number 15-1248, a case that asks the Court to resolve a split in the Circuit Courts of Appeals on the proper standard of review applied to a district court decision to quash or enforce a subpoena issued by the United States Equal Employment Opportunity Commission ("EEOC"). The decision by our highest court on the correct standard of review will have important implications for businesses, because if a litigant is displeased with a lower court's decision, it may get two bites at the apple. Such an outcome will likely encourage more appeals, drawn-out investigations and increase legal fees. On the other hand, if the Supreme Court decides that the Ninth Circuit was wrong and that a deferential standard of review (as opposed to a de nova standard) is appropriate, the losing side in future cases is more likely to accept the decision of the lower district court, knowing its chances of winning on appeal are slim. Reprinted courtesy of Jeffrey M. Daitz, Peckar & Abramson, P.C. and Rashmee Sinha, Peckar & Abramson, P.C. Mr. Daitz may be contacted at jdaitz@pecklaw.com Ms. Sinha may be contacted at rsinha@pecklaw.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES