Fairfield Connecticut Building Expert Directory

Recording a Lis Pendens Is Crucial

January 04, 2023 — David Adelstein - Florida Construction Legal Updates
If you are in a construction dispute where you are pursuing a construction lien foreclosure action, recording a lis pendens is crucial. Did I say crucial? “[O]ne purpose of a notice of lis pendens is to alert all others that title to the property is involved in litigation and that ‘future purchasers or encumbrancers of that property’ are at risk of being bound by an adverse judgment.” Henry v. AIM Industries, LLC, 47 Fla.L.Weekly D653b (Fla. 2d DCA 2022). There really is never a reason not to record a lis pendens when pursing a construction lien foreclosure. Please remember that – don’t forget to record the lis pendens! There are times a lis pendens is recorded when the lis pendens is NOT based on a duly recorded instrument (e.g., construction lien or mortgage). A lis pendens, however, is recorded because the dispute is tied to the property in which the lis pendens is being recorded. The lis pendens is recorded to best safeguard the plaintiff’s interest in the real property without fear that the real property will be sold impacting the purpose (and, of course, security) of the lawsuit. 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

A Funny Thing Happened to My Ground Lease in Bankruptcy Court

November 25, 2024 — Christopher F. Graham & Morgan A. Goldstein - White and Williams LLP
EXECUTIVE SUMMARY Ground leases are an important – if somewhat unusual – part of the real estate finance industry. Because they typically cover large expensive properties like Rockefeller Center and The Empire State Building, to name two, and last a long time (99 years and up to start) the likelihood of something unexpected or unintended happening is high. This likelihood increases dramatically if, as highlighted below, one or both of the lease parties’ files for bankruptcy. Accordingly, real estate professionals should take note and take care when entering into any transaction involving a ground lease. Reprinted courtesy of Christopher F. Graham, White and Williams LLP and Morgan A. Goldstein, White and Williams LLP Mr. Graham may be contacted at grahamc@whiteandwilliams.com Ms. Goldstein may be contacted at goldsteinm@whiteandwilliams.com Read the court decision
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OSHA’s New Severe Injury and Fatality Reporting Requirements, Are You Ready?

December 31, 2014 — Craig Martin – Construction Contractor Advisor
Last September, OSHA announced its final rules for reporting severe injuries and fatalities. The new rules take effect on January 1, 2015. Are you ready? The New Rule Requirements

OSHA’s severe injury and fatality reporting requirements apply to all employers covered by OSHA, not just those with 10 or more employees.
All employee work-related fatalities must be reported within 8 hours of the death. The previous rule required reporting only when 3 or more employees suffered a work related fatality.

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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

Florida Issues Emergency Fraud Prevention Rule to Protect Policyholders in Wake of Catastrophic Storms

November 05, 2024 — Geoffrey B. Fehling & Olivia G. Bushman - Hunton Insurance Recovery Blog
Last week, just before Hurricane Milton made landfall, Florida state officials issued an emergency decree to all licensed insurance adjusters in the state to protect homeowners against “unfair and deceptive acts” and “post-storm fraud” by insurance carriers. According to The Washington Post, the Florida Department of Financial Services is requiring that all claim adjusters provide an explanation for each change they make to a consumer’s loss estimate, document those changes, and retain all versions of the estimate and identify who made those revisions. When processing claims, adjusters must also use an electronic estimating system that provides an itemized report of all damage, as well as labor, materials, equipment and supplies. Those costs should be consistent with what a contractor or a repair company in that particular area would charge. “Property damage from Hurricane Milton will be catastrophic and may result in billions of dollars in property losses,” the emergency rule states. “Fair and transparent loss estimates and claims adjustments will be crucial to ensure Floridians are properly and fairly compensated under the terms of their property insurance contracts, while also ensuring ongoing insurer solvency after potentially momentous financial losses.” Reprinted courtesy of Geoffrey B. Fehling, Hunton Andrews Kurth and Olivia G. Bushman, Hunton Andrews Kurth Mr. Fehling may be contacted at gfehling@HuntonAK.com Ms. Bushman may be contacted at obushman@HuntonAK.com Read the court decision
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Performance Bond Primer: Need to Knows and Need to Dos

February 01, 2022 — Rafael Boza - Gravel2Gavel Construction & Real Estate Law Blog
If you are a construction contractor, you deal with performance bonds as part of your business and daily work. They are necessary for almost every project you are participating or will participate in, and, along with other sister bonds, constitute a basic tool to be able to work in construction. However, how much do you really know about this tool? Who in your organization knows how to use it? Are you relying on your insurance broker to procure the bonds? Can your broker competently review the terms of the bond? Are you, as a contractor, relying on the surety to explain and determine what you need for the project—a fox guarding the hen house? To understand how a performance bond works and how to effectively tailor it to your needs, we need to understand the basics. What is a performance bond? Who are the parties to a performance bond? What does performance bond not do? What should be covered under a performance bond? How does a performance bond fit in a company’s overall risk management processes? A clear understanding of these and other basic topics will facilitate operations and reduce the risk of claims. Read the court decision
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Reprinted courtesy of Rafael Boza, Pillsbury
Mr. Boza may be contacted at rafael.boza@pillsburylaw.com

The Contributors to This Blog Are Pleased to Announce That….

November 02, 2017 — Snell & Wilmer Real Estate Litigation Blog
Snell & Wilmer’s Real Estate Litigation Group, which provides the content for The Real Estate Litigation Blog, is pleased to announce that it has been recognized in both the national and metropolitan rankings by U.S. News Media Group and Best Lawyers for the 2018 edition of “Best Law Firms.” We achieved the following rankings:

National Tier 1: Litigation – Real Estate
Phoenix (AZ) Tier 1: Litigation – Real Estate
Utah Tier 1: Litigation – Real Estate
Colorado Tier 1: Litigation – Real Estate
Reno (NV) Tier 1: Litigation – Real Estate
Tucson (AZ) Tier 1: Litigation – Real Estate

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School District Gets Expensive Lesson on Prompt Payment Law. But Did the Court Get it Right?

February 26, 2015 — Garret Murai – California Construction Law Blog
My kids don’t like riding in my car. I urge them to look outside the window (I don’t have DVD), suggest that they roll down their windows to get some fresh air (rather than have me turn on the A/C) and persist on listening to that archaic device called the radio (I don’t “stream”). Plus, I make them play “Dad Games.” Like Synonyms. In Synonyms, I say a word, and the next person has to come up with a synonym for that word until someone can’t think of another synonym. Sometimes, I take a walk on the wild side, and play “Antonyms.” Things can get heated, though. Like when someone says a word and there is a disagreement over whether that word is a synonym or not. The next case, FTR International, Inc. v. Rio School District, California Court of Appeal for the Second District, Case No. B238618 (January 27, 2015), also involved a disagreement over synonyms . . . except that the loser had to cough up nearly $10 million. 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

L.A.’s Modest Solution to the ‘Missing Middle’ Housing Problem

May 24, 2021 — Kriston Capps - Bloomberg
Practical ideas aren’t often the stuff of architecture contests. Right off the bat, that set Los Angeles’s Low-Rise design challenge apart. A project led by the mayor’s office and the city’s chief design officer, Christopher Hawthorne, Low-Rise asked entrants to reimagine what an L.A. urban landscape with abundant housing could look like in the years to come. The organizers wanted the participating designers to think about their submissions the way they might approach a project for a local client or community. The results, which were unveiled this week, don’t look like future-forward science fiction, but rather doable local solutions to a thorny problem: the stubborn lack of affordable options across the city. Read the court decision
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Reprinted courtesy of Kriston Capps, Bloomberg

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES