Fairfield Connecticut Building Expert Directory

SCOTUS to Weigh Landowners' Damage Claim Against Texas DOT

November 13, 2023 — Mary B. Powers - Engineering News-Record
The U.S. Supreme Court has agreed to hear a case this term that could affect whether states must pay compensation to landowners whose property was damaged by public project execution. Payments also could extend to state owned utilities and others. Reprinted courtesy of Mary B. Powers, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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Environmental Suit Against Lockheed Martin Dismissed

August 13, 2014 — Beverley BevenFlorez-CDJ STAFF
A federal judge dismissed an environmental suit against Lockheed Martin, finding that contamination levels on the plaintiffs’ Moorestown, New Jersey properties were not high enough to pose a health threat, according to the New Jersey Law Journal. Two owners who live across the street from the plant had “sued under the Resource Conservation & Recovery Act, the Comprehensive Environmental Response, Compensation & Liability Act and various state statutes.” However, “while the suit was pending, the New Jersey Department of Environmental Protection raised the threshold for concentration levels of substances such as TCE and PCE to warrant additional testing.” Read the court decision
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Solar Power Inc. to Build 30-Megawatt Project in Inner Mongolia

October 15, 2014 — Justin Doom – Bloomberg
Solar Power Inc. (SOPW), a renewable-energy developer backed by China’s LDK Solar Co., has agreed to build a solar farm with 30 megawatts of capacity in Inner Mongolia. Solar Power’s Xinyu Xinwei New Energy unit signed a construction agreement with Alxa League ZhiWei PV Power Co., the Roseville, California-based company said today in a statement. The project is expected to connect to the power grid by the end of March. Financial terms weren’t disclosed. It’s Solar Power’s second accord this month to build a project in China’s Inner Mongolia Region. Solar Power also is building a 20-megawatt power plant in Wulaichabu City. Read the court decision
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Reprinted courtesy of Justin Doom, Bloomberg
Mr. Doom may be contacted at jdoom1@bloomberg.net

Fast-Moving Isaias Dishes Out Disruption in the Mid-Atlantic, Northeast

August 24, 2020 — Jim Parsons - Engineering News-Record
Far from the most powerful storm to strike the Eastern Seaboard, Hurricane Isaias nevertheless proved disruptive enough to rival some infrastructure impacts from Superstorm Sandy in 2012 while also raising concerns about the potential of additional doses of destruction arriving in the coming months. Jim Parsons, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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Jason Smith and Teddie Arnold Co-Author Updated “United States – Construction” Chapter in 2024 Legal 500: Country Comparative Guides

May 28, 2024 — Jason Smith & Edward (Teddie) Arnold - The Construction Seyt
Jason Smith and Teddie Arnold, partners in Seyfarth’s Washington, DC office, have co-authored an updated “United States – Construction” chapter in the 2024 edition of The Legal 500: Country Comparative Guides. Seyfarth continues to participate as an exclusive contributor for this comprehensive overview of construction-specific laws and regulations in the United States. Topics covered include, but are not limited to, requirements and obligations, permits and licencing, procurement, financing and security, and disputes, as well as insight and opinion on current challenges and opportunities. To access and download a copy of the chapter, click here. Reprinted courtesy of Jason N. Smith, Seyfarth and Edward V. Arnold, Seyfarth Mr. Smith may be contacted at jnsmith@seyfarth.com Mr. Arnold may be contacted at earnold@seyfarth.com Read the full story... Read the court decision
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Gilroy Homeowners Sue over Leaky Homes

February 10, 2012 — CDJ STAFF

Two years into a lawsuit against Shapell Homes, the builder of a subdivision called Eagle Ridge in Gilroy, California, homeowners have joined or left the lawsuit. About fifty homeowners are still in the suit, which contends that construction defects have lead to water intrusion in their homes. The lawyer for the homeowners contends that more than a hundred homes have construction defects.

One homeowner said that soon after he joined the suit, Sharpell sent workers to his home who repaired problems to his satisfaction. “They came in within two weeks and fixed everything,” said Frank Lowry. Another homeowner, Wilson Haddow, said that he was “quite happy” after Shapell repaired problems.

Others weren’t quite so happy. Greg Yancey said that problems had “been a nightmare” and that “it just doesn’t feel like home.” He said that his “house is possessed,” with problems that include walls that bow out and a balcony that drips rainwater to the front door. His home is currently worth far less than the $700,000 he paid in 2007.

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Tenants Underwater: Indiana Court of Appeals Upholds Privity Requirement for Property Damage Claims Against Contractors

April 25, 2022 — Melissa Kenney - The Subrogation Strategist
In United States Automatic Sprinkler Corp. v. Erie Ins. Exch., et al., No. 21A-CT-580, 2022 Ind. App. LEXIS 87 (Automatic Sprinkler), the Court of Appeals of Indiana (Court of Appeals) considered whether there is a privity requirement for property damage claims against contractors. The court imposed a privity requirement. The court also addressed whether a subrogation waiver in a contract with a tenant applied to damage caused by work done outside the contract, at the landlord’s request. The court held that the waiver did not apply. In this case, United States Automatic Sprinkler (Automatic Sprinkler) contracted with a tenant (Contract Tenant) to inspect and test a sprinkler system at a commercial building in Indiana. The contract included a waiver of subrogation provision. The building landlord subsequently hired Automatic Sprinkler to repair a leak in the sprinkler system. After completing the repairs, the system failed and flooded the building, causing significant property damage to several tenancies. Read the court decision
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Reprinted courtesy of Melissa Kenney, White and Williams LLP
Ms. Kenney may be contacted at kenneyme@whiteandwilliams.com

Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense

May 16, 2018 — Garret Murai - California Construction Law Blog
In Rodriguez v. Department of Transportation, Case No. F074027 (March 27, 2018), the Court of Appeals for the Fifth District considered the following mind-twister: Can you knowingly approve something (which does not include something else) if you never considered the absence of that “something else?” Think about that for a moment . . . or, better yet, just read on. Rodriguez v. Department of Transportation In 2013, a pickup truck traveling westbound on State Route 152 toward Los Banos, California, ran off the road injuring Erik Rodriguez and the driver and killing another passenger. Rodriguez sued the California Department of Transportation (Caltrans) on the ground that the accident was caused by a dangerous condition on public property. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

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