FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Depreciation of Labor in Calculating Actual Cash Value Against Public Policy

February 16, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The insurer's depreciation of labor in the calculation of actual cash value was found to be against Arkansas public policy. Shelter Mut. Ins. Co. v. Goodner, 2015 Ark. LEXIS 460 (Ark. Dec. 10, 2015). Shelter Mutual's policy provided that it would pay the insured "the actual cash value of all the damaged parts of the covered property." "Actual cash value" was defined as "total restoration cost less depreciation." The policy explained, "When calculating depreciation, we will include the depreciation of the materials, the labor, and the tax attributable to each party which must be replaced to allow for replacement of the damaged part, whether or not that part is damaged." Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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The Argument for Solar Power

July 09, 2014 — Beverley BevenFlorez-CDJ STAFF
Jennifer Goodman in Big Builder provides eight reasons why buyers should opt for solar power. First on her list is “Codes.” Goodman pointed out that beginning in 2020, “California’s Title 24 will require all new residential construction to be net-zero energy, which means that they will need renewable energy systems in order to generate as much power as they consume.” Other reasons include incentives, aesthetics, appraisal/lending standards, payback, legislation, cost, and finally, “clean, quiet, and abundant power.” Goodman stated that the “technology generates no noise or off gassing and because solar power is generated from sunlight--not heat--even residents in the northern U.S. are able to take advantage of it.” Read the court decision
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Inverse Condemnation and Roadwork

October 09, 2023 — David R. Cook Jr. - Autry, Hall & Cook, LLP
The following case, issued yesterday by the Georgia Supreme Court, addresses the accrual of the statute of limitations on a claim of inverse condemnation based on nuisance. Wise Bus. Forms, Inc. v. Forsyth Cnty., S22G0874, 2023 WL 6065278 (Ga. Sept. 19, 2023) We granted certiorari in this case to clarify the standards for determining when a claim for inverse condemnation by permanent nuisance accrues for purposes of applying the four-year statute of limitation set forth in OCGA § 9-3-30 (a). [. . .] Permanent nuisance cases vary in relation to when the alleged harm to a plaintiff’s property caused by the nuisance becomes “observable” to the plaintiff. Forrister, 289 Ga. at 333 (2), 711 S.E.2d 641. In some cases, the harm to the plaintiff’s property is immediately observable “upon the creation of the nuisance.” Id. For example, where a landowner or governmental agency “erects a harmful structure such as a bridge or conducts a harmful activity such as opening a sewer that pollutes a stream,” and it is immediately obvious that the structure or activity interferes with the plaintiff’s interests, the plaintiff must file “one cause of action for the recovery of past and future damages caused by [the] permanent nuisance” within four years of the date the structure is completed or the harmful activity is commenced. Id. at 333-336 (2) and (3), 711 S.E.2d 641 (citing Restatement (Second) of Torts §§ 899 and 930). Phrased another way, where the “construction and continuance” of the permanent nuisance at issue is “necessarily an injury, the damage is original, and may be at once fully compensated. In such cases[,] the statute of limitations begins to run upon the construction of the nuisance.” City Council of Augusta v. Lombard, 101 Ga. 724, 727, 28 S.E. 994 (1897). Read the court decision
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Reprinted courtesy of David R. Cook Jr., Autry, Hall & Cook, LLP
Mr. Cook may be contacted at cook@ahclaw.com

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Uniform Rules Governing New York’s Supreme and County Courts Get An Overhaul

February 08, 2021 — Andrew I. Hamelsky, Jenifer A. Scarcella & Monica Doss - White and Williams LLP
By Administrative Order effective February 1, 2021, New York’s Uniform Civil Rules for the Supreme Court will incorporate a number of changes to the general part that reflect many of New York’s Commercial Division Rules, in an effort to streamline court processes. The general part rule changes are a step forward for improving the efficiency, modernization and cost-effectiveness of the New York Courts, and will require practitioners to be more conscientious of court appearances and deadlines. Judges will likely be strict on adherence to the new Uniform Rules. Some notable changes to the rules are highlighted below. Court Appearances and Scheduling Orders Uniform Rule 202.1 has been revised to require that counsel who appear before the court must be familiar with the case they are appearing for, and be fully prepared and authorized to discuss and resolve the issues that are the subject of the appearance. Reprinted courtesy of Andrew I. Hamelsky, White and Williams LLP, Jenifer A. Scarcella, White and Williams LLP and Monica Doss, White and Williams LLP Mr. Hamelsky may be contacted at hamelskya@whiteandwilliams.com Ms. Scarcella may be contacted at scarcellaj@whiteandwilliams.com Ms. Doss may be contacted at dossm@whiteandwilliams.com Read the court decision
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Texas Considers a Quartet of Construction Bills

April 03, 2013 — CDJ STAFF
Among the issues the Texas legislature is taking up is a measure that would require builders to buy back homes if they could not fix defects after three tries, but the law would only apply if the homeowner was a veteran. Some supporters of the bill, however, think it should be applied to all homeowners. Additionally, the state is also considering a measure that would adopt a new definition of “construction defect” and require contractors who bought homes back to disclose all construction defects and how they were remediated. Another measure would require builders to provide construction documents, including blueprints, to buyers of new homes. A final measure would create a standardized contract for the sale of new homes. Read the court decision
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ASCE Statement on Biden Administration Permitting Action Plan

May 23, 2022 — Dennis D. Truax, President, American Society of Civil Engineers (ASCE)
Washington, DC. – ASCE applauds the Biden Administration for the development of their new Permitting Action Plan aimed at accelerating the federal permitting and environmental review process for major infrastructure projects across the country. The plan leverages permitting provisions that were included in the Infrastructure Investment and Jobs Act and aims to ensure that the federal environmental review and permitting processes will be efficient, transparent, guided by science, and shaped by meaningful input from the public and government agencies. One of the key recommendations in the 2021 Report Card for America's Infrastructure was to streamline the project permitting process across infrastructure sectors, while ensuring appropriate safeguards and protections are in place. Therefore, ASCE believes that the most recent plan is a step in the right direction to ensure that projects can be delivered on-time, and on-budget, while maintaining the rigorous environmental review process. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. Read the court decision
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Homebuilders Go Green in Response to Homebuyer Demand

May 10, 2012 — CDJ STAFF

McGrawHill Construction reports that 17 percent of new homes and remodels in 2011 were done with green building practices. Their report estimates that by 2016, this will rise to 29 to 38 percent of the market for home construction and remodeling.



Consumers see the green buildings as more desirable, particularly where they are more energy efficient. Two thirds of builders noted their customers were interested in features that would lower the energy use of their homes. Consumers also feel that green building materials are more durable and see green homes as higher quality.



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Montana Significantly Revises Its Product Liability Laws

May 22, 2023 — William L. Doerler - The Subrogation Strategist
On May 4, 2023, Montana changed its product liability laws when the Governor signed SB 216, which was effective upon passage and applies to claims that accrue on or after May 4, 2023. Among the changes is the adoption of a sealed container defense and the application of comparative negligence principles in strict liability actions. Montana also adopted a defense based on certain actions not being brought within 10 years. In addition, Montana adopted a rebuttable presumption with respect to a product’s defective condition. A jury must be informed about this rebuttable presumption with respect to certain warnings claims, premarket licensing procedures or claims involving drugs and/or medical devices. The changes to the Montana Code are further described below.

• In situations where there are multiple defendants, a defendant in a strict liability or breach of warranty action may now assert, as a defense, that the damages of the claimant were caused in full or in part by a person with whom the claimant has settled or released from liability. See MCA § 27-1-703(6)(a) (as revised). Comparative negligence or fault defenses are also available in actions against sellers, even where there are not multiple defendants. See MCA § 27-1-719(4)(e) (discussing a seller’s defenses in situations other than multiple defendant situations) (as revised).

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Reprinted courtesy of William L. Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

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