Fairfield Connecticut Building Expert Directory

Fifth Circuit Certifies Eight-Corners Duty to Defend Issue to Texas Supreme Court

June 21, 2021 — Jeremy S. Macklin - Traub Lieberman Insurance Law Blog
In the recent case of Bitco Gen. Ins. Corp. v. Monroe Guar. Ins. Co., No. 19-51012, 2021 WL 955155 (5th Cir. Mar. 12, 2021), certified question accepted (Mar. 19, 2021), the Fifth Circuit Court of Appeals certified to the Texas Supreme Court the question of whether a court can consider extrinsic evidence when determining an insurer’s duty to defend. The underlying lawsuit stems from a construction contract in which J&B Farms of Texas hired 5D, a construction company, to drill a commercial irrigation well through the Edwards Aquifer. Two years after beginning the project, J&B Farms sued 5D and its President for breach of contract and negligence. J&B Farms alleged that while drilling, 5D “stuck the drilling bit in the bore hole, rendering the well practically useless for its intended/contracted for purpose.” 5D then “failed and refused to plug the well, retrieve the drill bit, and drill a new well.” J&B Farms asserted that 5D drilled the well “with unacceptable deviation” and then “abandon[ed] the well.” 5D notified its insurers, BITCO and Monroe, of the lawsuit and demanded a defense from both. BITCO agreed to provide a defense to 5D, but Monroe refused arguing that the alleged property damage fell outside the relevant policy period, and therefore, it had no duty to defend 5D. BITCO then filed a declaratory judgment action seeking a finding that Monroe owed 5D a duty to defend. Read the court decision
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Reprinted courtesy of Jeremy S. Macklin, Traub Lieberman
Mr. Macklin may be contacted at jmacklin@tlsslaw.com

More Regulations for Federal Contractors

October 08, 2014 — Craig Martin – Construction Contractor Advisor
The Office of Federal Contract Compliance Programs (OFCCP) has been busy. In the last several weeks, the OFCCP has proposed regulations that will require contractors and subcontractors to provide summary compensation data and another rule prohibiting federal contractors and subcontractors from discriminating against employees or applicants who inquire about, discuss, or disclose their own compensation or the compensation of another employee or applicant. Equal Pay Report The OFCCP has proposed Summary Compensation regulations which would require federal contractors and subcontractors with more than 100 employees to “provide summary data on the compensation paid to employees by sex, race, ethnicity, specified job categories, and other relevant data points.” Covered employers would have to submit three types of information: 1. the total number of workers within a specific EEO-1 job category by race, ethnicity and sex; Read the court decision
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Reprinted courtesy of Craig Martin, Lamson Dugan and Murray, LLP
Mr. Gopal may be contacted at pgopal2@bloomberg.net

Fifth Circuit Certifies Questions to Texas Supreme Court on Concurrent Causation Doctrine

August 07, 2022 — Tred R. Eyerly - Insurance Law Hawaii
The Fifth Circuit certified unanswered questions on the concurrent causation doctrine to the Texas Supreme Court. Overstreet v. Allstate Vehicle & Prop, Ins. Co., 2022 U.S. App. LEXIS 13582 (5th Cir. May 19, 2022). The insured alleged that a hail storm damaged his roof. The roof was three years old when he purchased a policy from Allstate. An adjuster sent by Allstate valued the loss at $1,263.123, less than the policy deductible. Allstate contended that the roof damage was due to uncovered causes, namely a combination of wear and tear and earlier hail storms that hit the roof before the insured purchased the policy. The insured disagreed because the roof had never leaked before the hail storm, but only after the storm. The insured's expert inspected the roof and determined it had been damaged by hail. The district granted Allstate's motion for summary judgment because the insured had not carried his burden of proving how much damages came from the hail storm alone. 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

Handling Construction Defect Claims – New Edition Released

February 11, 2013 — CDJ STAFF
A lot has changed in the twenty-seven years since the Miller Law firm first released Handling Construction Defect Claims: Western States, and those changes are reflected in the recent publication of the fourth edition. Frank H. Wu, the Chancellor and Dean of UC Hastings College of Law describes the work as “more than a scholar’s treatise, it is the first resource for construction defect plaintiff and defense attorneys; as well as mediators, arbitrators and judges — or ought to be!” In the time since the first edition, the number of homeowner associations has grown nearly ten-fold. Further, as Rachel M. Miller, a Senior Partner at the firm and one of the authors, notes, “thousands of construction defect claims are filed every year, and in most cases, the developers insurance pick up these claims.” The book is available at Amazon at a price of $299. Read the court decision
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Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

February 07, 2018 — Nora Stilestein, Candace Matson , and Mercedes Cook - Construction & Infrastructure Law Blog
As of January 1, 2018, direct contractors in California who make or take a contract “for the erection, construction, alteration, or repair of a building, structure, or other private work” are jointly and severally liable with their subcontractors for any unpaid wages, fringe benefits and other benefit payments or contributions owed to wage claimants. Governor Brown approved AB 1701 on October 14, 2017. The new law puts the onus on direct contractors to not only monitor their own payroll practices, but to ensure that their subcontractors and lower tier subcontractors are engaging in proper payroll practices. Reprinted courtesy of Sheppard Mullin attorneys Nora Stilestein, Candace Matson and Mercedes Cook Ms. Stilestein may be contacted at nstilestein@sheppardmullin.com Ms. Matson may be contacted at cmatson@sheppardmullin.com Ms. Cook may be contacted at mcook@sheppardmullin.com Read the court decision
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The Firm Hits the 9 Year Mark!

July 22, 2019 — Christopher G. Hill - Construction Law Musings
It was 9 years ago today that I announced the formation and start of my solo practice, The Law Office of Christopher G. Hill, PC. Back then, my children were in elementary and middle school. Now I have two college students, one at Appalachian State University (with a budding photography talent that has provided some photos for this blog (including that on this post)) and the other at West Virginia University, and a rising high school junior. In just the past year I began a tenure on the Section Council Virginia Bar Association Construction and Public Contracts Law section and chair of its Legislative Committee where I assisted in the drafting of the change in the mechanic’s lien form that takes effect today.. I was named to both the Virginia Business Magazine Legal Elite in Construction Law and for a 3rd consecutive year to Virginia Super Lawyers in Construction Litigation. I spoke on how to deal with a DPOR complaint this past November at the 39th Annual Construction Law and Public Contracts seminar (one I highly recommend for any lawyer interested in construction). Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Wall Street Journal Analyzes the Housing Market Direction

June 26, 2014 — Beverley BevenFlorez-CDJ STAFF
Nick Timiraos of the Wall Street Journal listed “five takeaways” from this week’s housing reports. First, he stated that unless the May “seasonally adjusted annual rate isn’t revised down,” the sales of new homes were “at their highest levels in six years.” Second, Timiraos claimed that “[s]ales have been soft, in part, because builders have been slow to ramp up production. While inventories are still very low, they are up 16% from last year.” For his final “takeaway,” Timiraos stated that while “home prices are up nearly 25% from their early 2012 levels, they’re still down 18% from their 2006 peak. There’s considerable variation, of course, from one city to another. Prices in Denver and Dallas have reached new highs. Others, such as Miami and Phoenix, have posted double digit increases over the past year, but prices are still off of their peak by more than a third.” Read the court decision
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Construction Defect Specialist Joins Kansas City Firm

January 13, 2014 — CDJ STAFF
David Schatz, whose practice specializes in construction disputes and defects, has joined the Kansas City, Missouri firm Spencer Fane Britt & Brown LLP in their litigation practice group. Mr. Schatz’s expertise also includes banking and finance, banking litigation, commercial disputes, insurance, surety, employment, contract claims, and personal injury. Pat Whalen, Chairman of Spencer Fane Britt & Brown, said that Schatz “brings great experience across a range of industries, but many of us in Kansas City are particularly pleased by his construction and general litigation credentials, which will fit will with the resources we’re building in those areas.” Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES