Fairfield Connecticut Building Expert Directory

Recommencing Construction on a Project due to a Cessation or Abandonment

October 26, 2017 — David Adelstein - Florida Construction Legal Updates
There are instances where the owner of a construction project terminates its general contractor prior to the completion of the project. There are instances where the owner suspends the work prior to the completion of the project, meaning there is a cessation in the construction. And, there are instances where the project is simply abandoned. I have been involved in all instances, and the owner’s reasons vary…from an owner claiming a termination for default, termination for convenience, or a suspension or abandonment due to the market or financial factors. Regardless of the owner’s reasoning, at some point—hopefully—the owner will want to resume or, more properly stated, recommence construction and complete the project. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at Dadelstein@gmail.com

Conditional Judgment On Replacement Costs Awarded

January 07, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The appellate court determined that a conditional judgment on replacement costs was appropriate after the insurer denied coverage. Stephens & Stephens XII, LLC v. Fireman's Fund Ins. Co., 2014 Cal. App. LEXIS 1073 (Cal. Ct. App. Nov. 24, 2014). Stephens operated a large industrial warehouse. It initially purchased a commercial liability policy from Fireman's Fund when an tenant occupied the building. After the tenant left, Stephens purchased from Fireman's Fund property coverage on June 28, 2007. On July 1, Stephens discovered that burglars had caused more than $2 million in damage to the property. All conductive material was stripped from the building and taken away. There was water damage throughout the building. The estimated cost of repair exceeded $1 million. Stephens notified Fireman's Fund. The insurer paid emergency repairs, but it neither accepted nor denied coverage for the loss. Finally, five years after the incident and on the eve of trial, Fireman's Fund denied coverage. 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

Best Lawyers Recognizes Hundreds of Lewis Brisbois Attorneys, Honors Four Partners as ‘Lawyers of the Year’

September 19, 2022 — Lewis Brisbois
(August 18, 2022) - Best Lawyers has selected 149 Lewis Brisbois attorneys across 46 offices for inclusion in its list of 2023 Best Lawyers in America. It has also recognized four Lewis Brisbois partners on its "Lawyers of the Year" list: Chairman & Founding Partner Robert F. Lewis (Insurance Law); Portland Managing Partner Eric J. Neiman (Litigation - Health Care); Akron Managing Partner David Kern (Tax Law); and Roanoke Partner Paul C. Kuhnel (Medical Malpractice Law - Defendants). Please join us in congratulating these four partners and the following attorneys on their Best Lawyers recognition.

Nashville Partner Tara Aaron-Stelluto: Copyright Law

Pittsburgh Partner Andrew F. Adomitis: Mass Tort Litigation / Class Actions - Defendants

Fort Lauderdale Partner Vincent F. Alexander: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law

Miami Partner Seth Alhadeff: Litigation - Insurance

Seattle Partner Randy J. Aliment: Commercial Litigation

Phoenix Partner Dina Anagnopoulos: Medical Malpractice Law - Defendants

Madison County Partner Charles S. Anderson: Mass Tort Litigation / Class Actions – Defendants

Reno Managing Partner Jack G. Angaran: Insurance Law, Litigation – Construction, Litigation - Real Estate

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Reprinted courtesy of Lewis Brisbois

A Special CDJ Thanksgiving Edition

November 21, 2017 — Beverley BevenFlorez-CDJ STAFF
Welcome to the Construction Defect Journal’s special Thanksgiving edition. The CDJ staff has compiled the most important and interesting stories so far from 2017. From Supreme Court decisions to state construction defect law shake ups, this week’s edition showcases significant construction defect industry changes. With a mug of hot spiced cider in hand, relax and reflect on what has happened in our industry so far in 2017. CDJ wishes to give thanks to its amazing contributors and readers. It’s due to your efforts and support that CDJ is able to present a weekly summary of what is happening in the construction defect industry. We hope you enjoy this special edition, and wish you and your family a fun and festive Thanksgiving holiday. Read the court decision
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Substantial Completion Explained: What Contractors & Owners Should Know

January 17, 2022 — Travis Colburn - Ahlers Cressman & Sleight
A project’s Substantial Completion date is a critical construction milestone for contractors and owners. Depending on the contract, the date of Substantial Completion has project-specific contractual and statutory consequences. Substantial Completion is an “event” – there is no universal definition of the term. It is generally understood to be (1) a point in time (2) when work performed by the contractor is sufficiently complete (3) where it can be used or occupied for the owner’s intended purpose. The date of Substantial Completion is generally established at the time of contract formation (either as a negotiated or a contract set date), and that date may be adjusted over the course of a project to account for excusable delays. As a construction professional, your attorney should review and tailor any written agreement to your project-specific needs and risk tolerances prior to execution. Savvy construction professionals often start with standard form agreements promulgated by the American Institute of Architects (“AIA”), the Design-Build Institute of America (“DBIA”), or the Engineers Joint Contract Document Committee (“EJCDC”) as the basis for their construction contracts. The AIA, DBIA, and EJCDC standard forms each contains contract provisions relating to when and what happens once Substantial Completion has occurred, subject to any agreed-to, project-specific deviations. Read the court decision
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Reprinted courtesy of Travis Colburn, Ahlers Cressman & Sleight
Mr. Colburn may be contacted at travis.colburn@acslawyers.com

Wells Fargo, JPMorgan Vexed by Low Demand for Mortgages

April 15, 2014 — Zachary Tracer – Bloomberg
Slack demand for home loans continued to drag on earnings at Wells Fargo & Co. (WFC) and JPMorgan Chase & Co. (JPM) as the two largest U.S. mortgage lenders grappled for pieces of a shrunken market. Even as interest rates hovered near historically low levels, new home loans tumbled 67 percent to $36 billion in the first quarter at San Francisco-based Wells Fargo, the biggest originator. JPMorgan posted a 68 percent drop to $17 billion, and the bank predicted it would lose money on mortgage production for the full year. Both lenders are paring staff to keep expenses in line with demand for loans, which has waned as investors and cash buyers dominate some sales. New York-based JPMorgan said jobs at its mortgage business declined 14,000, or 30 percent, since the start of last year. Wells Fargo set plans to cut 1,100 positions in the most recent three months, which ranked as its worst first quarter for mortgage revenue since 2008. Read the court decision
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Reprinted courtesy of Zachary Tracer, Bloomberg
Mr. Tracer may be contacted at ztracer1@bloomberg.net

CSLB Joint Venture Licenses – Providing Contractors With The Means To Expand Their Businesses

April 28, 2016 — David A. Harris – Haight Brown & Bonesteel LLP
California’s Business and Professions Code requires contractors to be licensed by the Contractors State License Board (“CSLB”). The CSLB issues licenses in 44 different classifications which are separated into three categories: “A” licenses are for general engineering contractors, “B” licenses are for general building contractors, and “C” licenses are specialty licenses that cover everything from installing boilers to installing ornamental metal. Performing construction work without a license or without the requisite license is a misdemeanor and can lead to the imposition of fines and in certain instances, jail time. (California’s Business and Professions Code Section 7028(a).) While potential imprisonment is unlikely, contractors are frequently fined, or prohibited from filing suit to collect money for their work. Perhaps most onerous, a contractor who is unlicensed, or working with a suspended license or the wrong license, can be forced to return all of the money it was paid for its work. (See our alert:Performing Work with a Suspended CSLB License Costs Big: Subcontractor Faces $18,000,000 Disgorgement.) Read the court decision
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Reprinted courtesy of David A. Harris, Haight Brown & Bonesteel LLP
Mr. Harris may be contacted at dharris@hbblaw.com

More Charges Anticipated in Las Vegas HOA Scam

February 28, 2013 — CDJ STAFF
With almost forty people already charged in the conspiracy to take over Las Vegas homeowners associations in order to profit from construction defect claims, more charges are likely to come, according to an article in the Las Vegas Review Journal. The article also notes that the trial against Leon Benzer will involve millions of pages of documents. It is alleged that Benzer found straw purchasers for condominiums in order to control homeowner boards. Benzer’s firm, Silver Lining Construction, would then receive contracts to repair construction defects. The Justice Department will be seeking restitution for the victims, which may total $25 million. Four individuals with connections to the conspiracy have died since investigations began. At least three of these deaths were suicides, and included Nancy Quon, who with Benzer are thought to be the main figures in the scam. Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES