Fairfield Connecticut Building Expert Directory

Rhode Island Closes One Bridge and May Have Burned Others with Ensuing Lawsuit

October 07, 2024 — Bill Wilson - Construction Law Zone
The state of Rhode Island recently filed a lawsuit against 13 companies that provided design, construction, and inspection services over the past ten years (the extent allowed by the applicable statute of limitations) to the Washington Bridge, which carries I-195 between East Providence and Providence. The bridge was abruptly closed in December 2023 following the discovery of alleged fractured steel tie-downs critical to the bridge’s stability and additional deterioration in cantilever beams throughout the bridge. Before the closure, approximately 90,000 vehicles per day traveled over the bridge. The complaint alleges that the defendants, the majority of which are experienced, industry-leading firms in their respective fields, were negligent and breached their respective contracts with the State. The State contends that every company that worked on the bridge over the past ten years missed the serious structural conditions alleged. The lawsuit also claims that the State has suffered millions of dollars of damages since the bridge was closed and seeks indemnity and contribution from all defendants to the extent that the State may be liable to third parties in the future. Read the court decision
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Reprinted courtesy of Bill Wilson, Robinson & Cole LLP

Corporate Formalities: A Necessary Part of Business

February 18, 2020 — Hannah Kreuser - Porter Law Group
Many benefits exist in choosing to create a corporation or limited liability company (“LLC”) as your business entity. However, what attracts most people to these entities is the protection they afford the business owner(s) against personal liability for the business’ obligations, debts, and other liabilities. Whatever reason prompts your decision to form a corporation or LLC, if you are like many smaller businesses, once the formation process is over its back to business as usual. However, in order to keep the protection against personal liability associated with a corporation or LLC, the business must engage in, what are known as corporate formalities. Corporate formalities are formal actions that must be taken by a corporation or LLC in order to maintain the benefits associated with that business entity. These corporate formalities may be required under California law, by the bylaws, and/or by the operating agreement of your business. When your business is formed as a corporation, many of the corporate formalities exist as part of California’s Corporations Code (“CCC”). These formalities include: (1) holding annual meetings (CCC § 600); (2) regularly electing directors (CCC § 301); (3) keeping meeting minutes (CCC § 1500); and (4) maintaining accurate corporate records (CCC § 1500). While these are only a few of the corporate formalities existing for corporations in the State of California, these formalities are often overlooked or put off by smaller businesses because they are either unknown to the business or are intended to be complied with later, as the actual running of the business takes priority. Read the court decision
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Reprinted courtesy of Hannah Kreuser, Porter Law Group
Ms. Kreuser may be contacted at hkreuser@porterlaw.com

How Mansions Can Intensify Wildfires

May 30, 2022 — Todd Woody - Bloomberg
A neighborhood of $4 million homes that burned Wednesday in a Southern California wildfire highlights the vulnerability of large suburban dwellings to climate-driven blazes, according to fire experts. The Coastal Fire destroyed at least 20 homes in a gated community in Laguna Niguel, a wealthy Orange County enclave near Laguna Beach. Houses in the Coronado Pointe development line a ridge overlooking the Pacific Ocean. Homes in the neighborhood are palatial, ranging in size from about 4,000 square feet to 10,000 square feet, and sit on large lots with room for swimming pools with coastal views. But the mansions are wedged together with relatively little space between buildings. When a fire broke out near a wastewater treatment plant on Wednesday, it raced up a chaparral-covered hillside until it encountered an explosive source of fuel – Coronado Pointe. Read the court decision
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Reprinted courtesy of Todd Woody, Bloomberg

Construction Contract Basics: Venue and Choice of Law

February 19, 2024 — Christopher G. Hill - Construction Law Musings
Previously in this on-again-off-again series of posts on construction contract basics, I discussed attorney fees provisions and indemnification. In this installment, the topic at hand is venue and choice of law. As construction professionals (outside of us construction attorneys), you are likely to be focused on things like the scope of work in a construction contract, the price terms, payment, delays, change orders, and the like. However, the venue (where any lawsuit or arbitration will have to happen) and the choice of law (what state’s law applies) can be equally important. You need to know where you will have to enforce your rights under the contract and also what law will apply. Will you need to go to another state to enforce your rights? Even if not, will your local attorney have to learn the law of another jurisdiction? These are important questions when reading and negotiating your prime contract (if with the owner) or subcontract (if with the general contractor). 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

Nuclear Fusion Pushes to Reach Commercial Power Plant Stage

August 05, 2024 — Mary B. Powers, Debra K. Rubin, Peter Reina & David Godkin - Engineering News-Record
The quest to develop nuclear fusion—the process that energizes the sun and other stars—as an earth-based power source dates back more than a century when Albert Einstein and other scientists theorized how enormous amounts of energy could be produced when atoms fuse. That research was partly diverted for wartime weapons priorities but later targeted to develop fusion for commercial-scale energy—what sector proponents have called the “holy grail” for decades since. Reprinted courtesy of Mary B. Powers, Engineering News-Record, Debra K. Rubin, Engineering News-Record, Peter Reina, Engineering News-Record and David Godkin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Mr. Reina may be contacted at reina@btinternet.com Read the full story... Read the court decision
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Reprinted courtesy of

Coverage Exists for Landlord as Additional Insured

September 03, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Indiana Court of Appeals determined the landlord was entitled to coverage as an additional insured under the tenant's policy. Selective Ins. Co. v. Erie Ins. Exch., 2014 Ind. App. LEXIS 365 (Ind. Ct. App. July 30, 2014). Rangeline, LLC owned a warehouse. Rangeline negotiated a lease with Hammons Storage to store insulation manufactured by Knauf Insulation. Pursuant to requirements in the lease, Hammons secured liability coverage with Erie Insurance naming Rangeline as an additional insured. After Hammons moved insulation into the warehouse for storage, the pipes of the sprinkler system burst, causing damage to the insulation. The cause of the loss was determined to be water from the system freezing, which led to the cast iron fittings cracking, causing the failure of the sprinkler heads. 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

Reaffirming the Importance of Appeal Deadlines Under the Contract Disputes Act

January 26, 2017 — Chadd Reynolds – Autry, Hanrahan, Hall & Cook, LLP
A recent United States Court of Federal Claims (“COFC”) decision emphasizes the importance of deadlines for appealing a contracting officer’s (“CO”) decision under the Contract Disputes Act (“CDA”). On July 22, 2016, the COFC granted the consolidation of two naval contract dispute appeals totaling nearly $12.4 million in response to Nova Group/Tutor-Saliba’s (“NTS”) motion to resolve two Requests for Equitable Adjustment (“REA”) in the same forum. See Nova Group/Tutor-Saliba v. United States, No. 15-885C, 2016 WL 4009886, at *5 (Fed. Cl. July 22, 2016). NTS’s motion before the COFC sought to transfer an appeal of a REA before the COFC to the Armed Services Board of Contract Appeals (“ASBCA”), where another appeal of a REA arising under the same contract was presently on appeal. The COFC rejected NTS’s appeal to transfer the REA to the ASBCA because NTS did not appeal the REA within the 90-day limit under the CDA. Instead, the COFC allowed NTS to transfer the REA before the ASBCA to the COFC because timeliness was not an issue. Read the court decision
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Reprinted courtesy of Chadd Reynolds, Autry, Hanrahan, Hall & Cook, LLP
Mr. Reynolds may be contacted at reynolds@ahclaw.com

Musk Backs Off Plan for Tunnel in Tony Los Angelenos' Backyard

December 19, 2018 — Sarah McBride & Edvard Pettersson - Bloomberg
Elon Musk’s futuristic tunneling company, Boring Co., is no longer embroiled in a lawsuit with the residents of West Los Angeles. A May lawsuit aimed at stopping the Boring Co.’s proposed tunnel under Sepulveda Boulevard has been settled, according to a notice filed at the Superior Court of Los Angeles County. Neighbors in the Brentwood and Sunset Boulevard areas, near the proposed tunnel, had sued the City of Los Angeles over the Boring Co.’s plans to build a test tunnel without going through an environmental review process, as recommended in April by the city’s public works committee. Read the court decision
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Reprinted courtesy of Sarah McBride & Edvard Pettersson, Bloomberg

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES