Fairfield Connecticut Building Expert Directory

The Biggest Change to the Mechanics Lien Law Since 1963

December 08, 2016 — Wally Zimolong – Supplemental Conditions
The New Year will bring with it the biggest change to Pennsylvania’s Mechanics Lien Law since the current law was passed in 1963. These changes will impact owner, contractors, and subcontractors equally. However, the biggest benefits will probably be for real estate developers and other project owners. On December 31, 2016, Pennsylvania will go live with a website known as the State Construction Notices Directory. On that date, owners will have the option of making projects costing $1,500,000 or more “searchable projects.” An owner makes a project a searchable project by filing with the Notices Directory a “Notice of Commencement” before works begins. The Notice of Commencement must include the name, address, and email address of the contractor, full name and location of the searchable project, the county where the project is located, a legal description of the searchable property, and the name address, and email address of the searchable project owner. Importantly, the owner must also post a copy of this Notice of Commencement at the project site. Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

Judge Nixes SC's $100M Claim Over MOX Construction Delays

February 16, 2017 — Engineering News-Record
A federal judge on Feb. 8 dismissed a claim by the state of South Carolina against the U.S. Dept. of Energy over delayed construction of the Mixed-Oxide Fuel Fabrication Facility, near Aiken, S.C. The claim for financial compensation was part of a lawsuit the state filed in February 2016 seeking payment of $1 million per day—or an annual maximum of $100 million—for the MOX facility not producing fuel by Jan. 1, 2016. Read the court decision
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Reprinted courtesy of Engineering News-Record
ENR may be contacted at ENR.com@bnpmedia.com

Chicago Criticized for Not Maintaining Elevator Inspections

October 29, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Crain’s Chicago Business, “as few as a fifth of elevators get the required annual checkup,” Chicago Inspector General Joe Ferguson claimed. Ferguson audited the roughly 5,100 buildings that city inspectors were assigned to inspect elevators, and found that only 965 were actually inspected, reported Crain’s Chicago Business. Furthermore, “when problems were found in inspections conducted by city personnel, they often were not fixed in a timely manner, again according to city records.” Read the court decision
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Workers Compensation Insurance: Dangers of the Audit Process

April 12, 2021 — Jason M. Gropper - Autry, Hall & Cook, LLP
If your business obtains workers compensation insurance, it is important you take steps to protect the business and yourself from excessive premiums to the insurance company as a result of misclassification of workers. After applying for and being accepted by an insurance company for workers compensation insurance, your business will receive a Workers Compensation and Employers Liability Insurance Policy. It is important that you or an advisor reviews this document. Generally, this document will explain what the insurance company can do, steps it can take to determine the premium, and the responsibilities of your business. The document will also provide the estimated premium. A premium is the amount you will pay for the coverage provided by the insurance company. The premium is determined by many factors, including the classification of each employee. It is important that when your company applies for insurance, the correct classifications are provided. If those are not provided, or provided in error, the insurance company will assign classifications and the associated rates, based on its assumptions and conclusions. The insurance company will assess the payroll and multiply it by an established rate based on the revised classification. The rates are different for the distinct work being done by each employee, with higher-risk jobs receiving a higher rate. For instance, a roofer or framer will have a higher rate than clerical staff. The rate is generally higher for those with riskier jobs. Read the court decision
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Reprinted courtesy of Jason M. Gropper, Autry, Hall & Cook, LLP
Mr. Gropper may be contacted at Gropper@ahclaw.com

Governor Signs AB5 Into Law — Reshaping California's Independent Contractor Classification Landscape

December 02, 2019 — Eric C. Sohlgren & Matthew C. Lewis - Payne & Fears Legal Alert
Today, Governor Gavin Newsom signed California Assembly Bill 5 (“AB5”), controversial legislation which will have a substantial impact on California employers when it goes into effect on January 1, 2020. AB5 enacts into a statute last year’s California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018), and the Court’s three-part standard (the “ABC test”) for determining whether a worker may be classified as an employee or an independent contractor. Under the ABC test established in Dynamex and now under AB5, a worker may be properly considered an independent contractor only if the hiring entity establishes all three of the following: (A) that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact; (B) that the worker performs work that is outside the usual course of the hiring entity’s business; and (C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity. Reprinted courtesy of Eric C. Sohlgren, Payne & Fears and Matthew C. Lewis, Payne & Fears Mr. Sohlgren may be contacted at ecs@paynefears.com Mr. Lewis may be contacted at mcl@paynefears.com Read the court decision
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Recommendations and Drafting Considerations for Construction Contingency Clauses Part III

December 27, 2021 — Samantha Schacht & Josh Levy - Construction Executive
The best contracts provide the parties with a clear allocation of risks and responsibilities, and a process for handling inevitable project challenges. Contract negotiations can enable parties to have the difficult conversations allocating risks before the start of a project. An effective negotiation, in turn, aligns the parties’ expectations and helps avoid costly disputes born out of misunderstandings of the parties’ respective rights and responsibilities on the project. This final installment of a three-part series on contingencies in construction contracts addresses factors that should be discussed and considered when drafting a contingency clause in a construction contract with the goal of helping to set clear expectations and avoid disputes. Part I The Best Laid Plans: Contingency in a Construction Contract explained what a construction contingency is and Part II The Best Laid Plans: Contingency in a Construction Contract discussed the two primary schools of thought on how a construction contingency fund should be used and managed. Reprinted courtesy of Samantha Schacht, Construction Executive and Josh Levy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Ms. Schacht may be contacted at samantha.schacht@huschblackwell.com Read the court decision
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U.S. Architecture Firms’ Billing Index Faster in Dec.

February 05, 2015 — Bloomberg News
(Bloomberg) -- Billings at U.S. architecture firms grew at a higher rate in December, according to the American Institute of Architects. Billings at architecture firms, tracked by the Work-on-the-Boards survey, measured 52.2 in December compared to 50.9 a month earlier. The inquiry index, which tracks a firm’s capacity to take on additional work, moved to 58.2. Read the court decision
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Reprinted courtesy of Bloomberg News

No Subrogation, Contribution Rights for Carrier Defending Construction Defect Claim

December 23, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The Court held that the insurer defending the additional insured general contractor had no right to equitable subrogation or equitable contribution from a separate carrier who also insured the general contractor as an additional insured. Old Republic Gen. Ins. Co. v. Amerisure Ins. Co., 2023 U.S. Dist. LEXIS 170293 (N.D. Ill. Sept. 25, 2023). Tanger Grand Rapids, LLC hired Rockford Construction Company to build the Tanger Outlet Center. Rockford subcontracted with Kamminga & Roodvoeis, Inc. (K&R) to work on the pavement for the outlet mall. Under the subcontract, K&R agreed to maintain primary commercial general liability insurance for itself, with Rockford as an additionial insured. K&R obtained a policy from Amerisure. For additional paving work, Rockford subcontracted with Michigan Paving & Materials, CP. The subcontract also required Michigan Paving to maintain primary coverage, with Rockford as an additional insured. Michigan Paving obtained a policy from Liberty Mutual. 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

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES