FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Questions of Fact Regarding Collapse of Basement Walls Prevent Insurer's Motion for Summary Judgment

December 19, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The court denied the insurer's motion for summary judgment on whether the policy covered the collapse of basement walls based upon factual issues presented. Sirois v. USAA Cas. Ins. Co., 2018 U.S. Dist. LEXIS 158508 (D. Conn. Sept. 18, 2018). The insureds' purchased their home in 2010. In December 2015, a crack in the basement wall was noticed. It was not thought to be a serious problem. But in 2016, the insured read an article about defective concrete problems affecting homeowners in Connecticut. An inspector, Dean Soucy, was hired. He found faults and cracks in the foundation walls. Thereafter, a claim was submitted to USAA under homeowners' policies issued over the years to the insureds. USAA denied coverage. 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

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Construction Delayed by Discovery of Bones

June 28, 2011 — CDJ STAFF

Work stopped on a $7 million construction project in Oak Harbor, Washington, after three sets of Native American remains were found. The Washington State Department of Archaeology and Historic Preservation had suggested that the project employ an archaeologist. City, state, and tribal officials are determining what will happen next. The Seattle Times reports that Jim Slowik, Oak Harbor’s mayor, has asked for a review of why no archaeologist was part of the project.

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When Is a Project Delay Material and Actionable?

January 11, 2022 — Rick Erickson - Snell & Wilmer Real Estate Litigation Blog
Welcome to 2022! This year, the construction industry will undoubtedly reflect on the last two years as unprecedented times plagued by construction project delays. The COVID-19 pandemic contributed to suspension of work and closure of construction projects worldwide in 2020. The end of 2021 brought additional delays caused by an inexplicable clog in the supply chain of construction materials. The combined impact of these events on project milestones and completion deadlines led our clients to ask, with unusual and particular urgency, who is liable for such delays and how do contracting parties lessen the consequences from such unexpected and uncontrollable delays. Granted that project delays are nothing new or unusual. They were common enough before inflation caused shipping complications and pandemic decimated the construction labor force. All delays, whatever the source, variably cause loss to all players on a construction project. But not all delays matter when it comes to claims and remedies available to the contracting parties in dispute resolution, where the determinative focus is on material delays impacting the entire project and on delays the claimant can credibly prove. Most, if not all, jurisdictions interpret actionable delays from the contract documents for the project. The contract is definitely where you should start before pursuing any delay remedies. Delay remedies may be a time extension only, or a time extension plus your additional general conditions. Some delay remedies may be barred by the contract’s express terms and may be enforced adversely by the courts when such contract terms are indisputable. See Quinn Constr. v. Skanska USA Bldg., Inc., 730 F. Supp. 2d 401, 411 (D.C. Pa. 2010) (enforcing the subcontractor’s contractual waiver of claims for delay and disruption damages). On the other hand, delay damages that are expressly allowed by the contract—like overtime necessitated by the delays—are usually actionable and recoverable. Id. However, not only the contract terms, but applicable law, may affect the outcome. Read the court decision
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Reprinted courtesy of Rick Erickson, Snell & Wilmer
Mr. Erickson may be contacted at rerickson@swlaw.com

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Mercury News Editorial Calls for Investigation of Bay Bridge Construction

July 01, 2014 — Beverley BevenFlorez-CDJ STAFF
Editors at the San Jose Mercury News called for investigations of the construction of the new eastern span of the Bay Bridge: “It's time for public officials, especially members of the Metropolitan Transportation Commission, state legislators and Gov. Jerry Brown, to demand thorough independent analyses.” Problems with the $6.5 billion structure were found about nine months ago, which led to questions regarding the “integrity and maintenance costs” that were allegedly covered up by Caltrans officials. Issues raised included questions “about the strength of thousands of bolts, including at the base of the tower and the connections of the main cable; cracked welds in the suspension span; and rusting of the single cable holding up the bridge.” The Mercury editors, however, do not show much optimism about the situation: “It's likely that, absent a political outcry, Caltrans will sign off. From the start, agency officials have failed to adequately oversee the construction and thrown public money at problems while trying to cover-up their own failures. Brown, ultimately responsible for Caltrans, has dismissed concerns about the bridge's integrity.” Read the court decision
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DoD Testing New Roofing System that Saves Energy and Water

October 08, 2014 — Beverley BevenFlorez-CDJ STAFF
Builder reported that the Department of Defense (DoD) is hosting a new “dynamic roofing system, installed at the Security Forces Building at Goodfellow Air Force Base in San Angelo, Texas,” which “uses a combination of technologies that heat and cool air and water, produce electricity, and collect rainwater.” If the project is successful, it “could be replicated at thousands of DoD buildings throughout the country in the near future.” Builder described the process: “A retrofitted metal roof is installed over the existing roof, which creates a cavity between the existing and new roofs. Within that cavity insulation, solar thermal heating systems and cooling of air and water for the building can be installed. The roofing, insulation, hydronic solar thermal systems, engineered air pathways, and photovoltaic cells are designed to work symbiotically.” Read the court decision
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Policing Those Subcontractors: It Might Take Extra Effort To Be An Additional Insured

June 14, 2011 — Douglas Reiser, Builders Council Blog

I just came across a case that I think truly paints the insurance dilemma for contractors. Thanks to this recent Illinois case, I don’t have to make up any factual scenarios—so kudos to Attorney Robert Boylan for posting it.



In reading over my RSS feeds this weekend, I noticed a great writeup on long-time blogger Josh Glazov’s Construction Law Today. Attorney Robert Boylan’s post describes a recent Illinois case where a general contractor was denied its additional insured status on a second-tier subcontractor’s insurance. The reason for the denial: the general contractor failed to procure an agreement in writing with the second-tier subcontractor, requiring it to be listed as an additional insured.



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Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at info@reiserlegal.com

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Nine Firm Members Recognized as Super Lawyers and Rising Stars

July 14, 2016 — Ahlers & Cressman PLLC Blog
Ahlers & Cressman PLLC attorneys have again been recognized as “Super Lawyers” and “Rising Stars” (attorneys under 40 years of age, or practicing under 10 years) in Washington for 2016. Six Ahlers & Cressman attorneys were recognized as Super Lawyers: John P. Ahlers, Paul R. Cressman, Jr., Scott R. Sleight, Bruce A. Cohen, Lawrence S. Glosser, and Brett M. Hill. Additionally, three of the firm’s attorneys have been recognized as Rising Stars: Ryan W. Sternoff, James R. Lynch, and Lindsay K. Taft. Super Lawyers selects attorneys using a multiphase selection process, involving peer nominations, evaluations, and third-party research. Each attorney candidate is evaluated on 12 indicators of peer recognition and professional achievement. Only five percent of the total lawyers in Washington State are selected for the honor of Super Lawyer, and no more than 2.5 percent are selected for the honor of Rising Star. Read the court decision
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Dispute between City and Construction Company Over Unsightly Arches

April 01, 2014 — Beverley BevenFlorez-CDJ STAFF
The city of Swartz Creek, Michigan alleged that Slagter Construction’s work on “Texas-style arches along a new bridge” was “terrible” and doesn’t “match up to what the company promised when it took the job to build the $20,000 walkways that include the arches,” reported M Live. However, Slagter Construction “maintains its repairs were adequate and claims in a letter to the state that the issue shouldn't resolved by local officials who have ‘no formal training or education on these matters.’” According to M Live, “[t]he two sides are set to meet on May 5 with MDOT officials on May 5 in Bay City for arbitration.” Read the court decision
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