Fairfield Connecticut Building Expert Directory

Be Careful with “Green” Construction

March 18, 2019 — Christopher G. Hill - Construction Law Musings
As readers of Construction Law Musings can attest, I am an enthusiastic (if at times skeptical) supporter of sustainable (or “green”) building. I am solidly behind the environmental and other benefits of this type of construction. However, I have likened myself to that loveable donkey Eeyore on more than one occasion when discussing the headlong charge to a sustainable future. While I see the great benefits of a privately built and privately driven marketplace for sustainable (I prefer this term to “green” because I find it less ambiguous) building stock and retrofits of existing construction, I have felt for a while that the glory of the goal has blinded us somewhat to the risks and the need to consider these risks as we move forward. Another example reared it’s ugly head recently and was pointed out by my pal Doug Reiser (@douglasreiser) at his Builders Counsel Blog (a great read by the way). Doug describes a project that I mentioned previously here at Musings and that is well described in his blog and in a recent newsletter from Stuart Kaplow (@stuartkaplow), namely, the Chesapeake Bay Foundation’s Philip Merrill Environmental Center project. I commend Doug’s post for a great description of the issues, but suffice it to say that the Chesapeake Bay Foundation sued Weyerhauser over some issues with a sustainable wood product that failed. While the case was dismissed on statute of limitations grounds, the case illustrates issues that arise in the “new” sustainable building world. 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

Partner Lisa M. Rolle and Associate Vito John Marzano Obtain Dismissal of Third-Party Indemnification Claims

December 22, 2019 — Lisa M. Rolle & Vito John Marzano - Traub Lieberman Perspectives
On June 1, 2019, Traub Lieberman partner Lisa M. Rolle and associate Vito John Marzano successfully secured dismissal of all third-party claims on behalf of a corporate entity and its principal in a third-party action in the New York State Supreme Court, County of Bronx. The underlying action concerned a trip and fall that occurred on a public sidewalk located in the Bronx. Plaintiff commenced suit against the corporation property owner and its principal. Defendants/third-party plaintiffs commenced the third-party action seeking contractual and common-law indemnification against three third-party defendants, the corporate tenant, another corporate entity that was not a party to the lease and its principal. Traub Lieberman represented the latter two third-party defendants. On behalf of the corporate entity that was not a party to the lease, Traub Lieberman moved for dismissal on the basis that the lease constitutes documentary evidence establishing as a matter of law that the non-tenant corporation cannot be held liable to third-party plaintiffs. On behalf of the principal, Traub Lieberman sought dismissal for failure to state a cause of action because the principal was shielded from liability by virtue of having incorporated his business, and the complaint did not allege a claim for piercing the corporate veil. In opposition, third-party plaintiffs sought to amplify their pleadings by alleging that a de facto merger had occurred between the non-tenant corporation and the tenant corporation. Third-party plaintiffs further argued that the corporate principal executed a guaranty to the lease, thus accepting liability on behalf of the tenant corporation. Reprinted courtesy of Lisa M. Rolle, Traub Lieberman and Vito John Marzano, Traub Lieberman Ms. Rolle may be contacted at lrolle@tlsslaw.com Mr. Marzano may be contacted at vmarzano@tlsslaw.com Read the court decision
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Reprinted courtesy of

Why A.I. Isn’t Going to Replace Lawyers Anytime Soon

April 18, 2023 — Amir Kahana - Kahana Feld
In a recent article entitled, “A.I. Is Coming for Lawyers, Again” the New York Times explored the longstanding idea that the legal profession is most at risk of being disrupted by A.I. The article claimed that: “There are warnings that ChatGPT-style software, with its humanlike language fluency, could take over much of legal work.” And that: “Law is seen as the lucrative profession perhaps most at risk from the recent advance in A.I. because lawyers are essentially word merchants.” The problem with these predictions is that they are based on a fundamental misunderstanding of what lawyers do, which is primarily to provide sound advice and formulate sophisticated strategy. All the wordsmithing in the world won’t make a bad case good, or vice versa. Lawyers do not have a Jedi mind trick. We analyze the facts, we make the best arguments possible under the circumstances, we advise our clients on their prospects, and we come up with a strategy for an optimal outcome, which almost always includes a path towards settlement. We are strategists and trusted advisors. Not wordsmithers. This is not anything ChatGPT or current A.I. can do, or even come close to doing. And how do I know that? Because in a recent Wall Street Journal article, experts on self-driving cars explain that A.I. is nowhere close to being able to drive a car autonomously. In an article entitled “When Will Cars Be Fully Self-Driving?” the experts explain that the main impediment to fully autonomous vehicles is how dumb A.I. is. As one of the leading experts explains, fully autonomous cars “would require human-level artificial intelligence, and there is no commonly accepted theory on how to get there. As long as there is no human-level AI, autonomous mobility will be limited.” Read the court decision
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Reprinted courtesy of Amir Kahana, Kahana Feld
Mr. Kahana may be contacted at akahana@kahanafeld.com

Major Change to Residential Landlord Tenant Law

July 15, 2019 — Lawrence S. Glosser - Ahlers Cressman & Sleight PLLC
Governor Inslee has just signed SB 5600 which results in major changes to the Residential Landlord-Tenant Act (RCW 59.18) regarding the eviction process of residential tenants. The changes do not apply to non-residential tenancies which are still governed by RCW 59.12. The new law includes additional protections for tenants and limits the ability of landlords to evict tenants or recover costs for legal proceedings. It also grants judges substantial discretion in eviction hearings whereas judges were previously bound by the express terms of the statute. The major changes to the law are listed below:

A landlord must provide a tenant 14 days’ notice instead of three days’ notice in order to cure default in the payment of overdue rent. The Attorney General’s Office will create a uniform 14-day notice to pay and vacate default form.
Landlords must first apply any payment by a tenant to the rent amount before applying it towards other charges, including fees or other costs.

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Reprinted courtesy of Lawrence S. Glosser, Ahlers Cressman & Sleight PLLC
Mr. Glosser may be contacted at larry.glosser@acslawyers.com

Best U.S. Home Sales Since 2007 Show Momentum in Housing Market

August 26, 2015 — Sho Chandra – Bloomberg
America’s housing market has been heating up this summer. Purchases of previously owned homes unexpectedly rose in July for a third straight month to reach the highest level since February 2007, figures from the National Association of Realtors showed Thursday. The gain was driven by stronger sales of single-family houses even as the share of first-time buyers shrank. A limited number of available properties is keeping prices elevated, giving homeowners the financial flexibility to trade up as their housing equity improves. The data and a recent report showing the strongest rate of residential construction since 2007 are consistent with the Federal Reserve’s view that the industry is making progress. Read the court decision
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Reprinted courtesy of Sho Chandra, Bloomberg

Sales of Existing U.S. Homes Unexpectedly Fell in January

February 22, 2018 — Sho Chandra – Bloomberg
Sales of previously owned U.S. homes unexpectedly fell in January to a four-month low, indicating a shortage of available properties is increasingly hindering the real-estate industry, a National Association of Realtors report showed Wednesday. Sales growth is limited by an acute shortage of inventory, which is pushing up home prices faster than wage growth. The group noted that property prices have jumped 41 percent over the past five years, while wages have gained 12 percent. If the current pace of sales continues -- which NAR doesn’t anticipate -- purchases would be lower than in 2017. At the same time, steady hiring and elevated confidence to make large purchases, as well as tax cuts that are boosting Americans’ take-home pay, are expected to sustain demand for housing in much of the nation. Read the court decision
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Reprinted courtesy of Sho Chandra, Bloomberg

Homebuyers Get Break as Loan Rates Defy Fed Tapering: Mortgages

February 14, 2014 — Kathleen M. Howley – Bloomberg
Ashley Underwood is taking advantage of the unexpected drop in mortgage rates by rushing to buy her first home before they go up again. “I’m ready to cancel plans at a moment’s notice to go look at a house,” said Underwood, 27, who lives in Indianapolis, Indiana. “I didn’t expect to see rates falling again, and I want to lock in something before I lose out.” The drop in the last month proved forecasters wrong, said Douglas Duncan, chief economist of Fannie Mae in Washington. After the Federal Reserve announced in December that it would begin tapering purchases of mortgage-backed securities, all the major housing forecasters said rates would jump this quarter. Economists didn’t foresee that investors would react to the Fed’s retreat by moving money from emerging markets into U.S. Treasuries, driving down home-loan rates. Read the court decision
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Reprinted courtesy of Kathleen M. Howley, Bloomberg
Ms. Howley may be contacted at kmhowley@bloomberg.net

Taking the Stairs to Human Wellness and Greener Buildings

June 22, 2016 — Rob Finch – Construction Informer Blog
If taking the stairs catches on, buildings with elevators could automatically get greener. The people working in them also stand a good chance of getting healthier. However, designers and builders working for owners who want to reap these advantages, will need to learn a few new tricks when it comes to how stairs get placed and promoted. They also get a chance to unleash creativity in how they are finished. Read the court decision
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Reprinted courtesy of Rob Finch, Construction Informer Blog

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