Fairfield Connecticut Building Expert Directory

Amendments to Federal Rule of Evidence 702 – Expert Testimony

October 30, 2023 — William L. Doerler - The Subrogation Strategist
In April, the Supreme Court sent a list of proposed amendments to Congress that amend the Federal Rules of Evidence. Absent action by Congress, the rules go into effect December 1, 2023. The proposed amendments affect Rules 106, 615 and, relevant to this article, 702. Rule 702 addresses testimony by an expert witness. The proposed rule reads as follows (new material is underlined; matters omitted are lined through): A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that:

the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
the testimony is based on sufficient facts or data;
the testimony is the product of reliable principles and methods; and
the expert has reliably applied expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.

Read the court decision
Read the full story...
Reprinted courtesy of William L. Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

Subcontractor Sued for Alleged Defective Work

June 11, 2014 — Beverley BevenFlorez-CDJ STAFF
The Louisiana Record reported that “[a] construction company is suing a subcontractor for alleged defective work on two construction projects” in New Orleans, Louisiana. New Beginnings Enterprises and J. Fernando Arriola are “accused of providing defective labor and materials, failing to properly supervise construction on the properties, failing to obtain inspections required under building codes, failing to construct dwellings in accordance with plans and specifications and failing to perform agreements in a workmanlike manner,” according to the Louisiana Record. Plaintiffs including Bartel Construction LLC seek $209,500 in damages “as additional sums for defective and incomplete work, lost profits, consequential damages and attorney’s fees.” Read the court decision
Read the full story...
Reprinted courtesy of

New American Home Construction Nears Completion Despite Obstacles

January 29, 2014 — Beverley BevenFlorez-CDJ STAFF
Construction of the New American Home in Las Vegas, Nevada, to be completed for the 2014 International Builders’ Show, has faced enormous challenges, according to Jennifer Goodman writing for Big Builder. Josh Anderson, owner of Element Building Co., told Goodman “he couldn’t have imagined what lay ahead when he signed on in fall 2012 to the project, which is co-sponsored by BUILDER and the NAHB.” Challenges began during the “design phase” when Anderson “was troubled by the sitting of the house on its lot in the tony Sky Terrace subdivision.” Furthermore, he “balked at the floor plan, which encompassed a traditional design aesthetic and opulent touches.” The project’s architect, Barry Berkus, passed away in late 2012, and his son, Jeffrey Berkus, took over for him. After the plans were “complete and approved by the city,” a labor shortage in Las Vegas made it “particularly difficult to find skilled framers.” The shortage also increased labor costs. Anderson also contended with weather anomalies: “Over the summer, the area set a record for the most consecutive wet days in 30 years. Winds blew sawdust and rain into the open structure, ruining 350 sheets of drywall and slowing down construction,” according to Big Builder. The “mammoth project” is close to completion. Anderson told Big Builder, “I’ve always been a sucker for a challenge.” Read the court decision
Read the full story...
Reprinted courtesy of

Real Estate & Construction News Roundup (7/17/24) – Housing Inflation to Remain High, Proptech Investment to Fall and Office Vacancy Rates to Reach Peak in 2025

August 26, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, construction backlog to see positives signs, regional banks to be conservative on buybacks, U.S. metro areas to permit few new housing units, and more!

Venture capital investments in proptech and adjacent companies fell 14.3% in the first half of the year. (Leslie Shaver, Multifamily Dive)
The expectation of interest rate cuts by the Federal Reserve later this year due to easing inflation and cooling economic growth is a positive sign for construction backlog. (Sebastian Obando, Construction Dive)
The U.S. office real estate sector is now in three markets, each with different performance, but the overall office vacancy rate will reach a 21.6% peak in the second half of 2025. (Nish Amarnath, Construction Dive)

Read the court decision
Read the full story...
Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums

April 27, 2020 — William L. Doerler - The Subrogation Strategist
Courts often struggle with the question of when the statute of repose starts to run for construction projects that involve multiple buildings or phases. In Village Lofts at St. Anthony Falls Ass’n v. Housing Partners III-Lofts, LLC, 937 N.W.2d 430 (Minn. 2020) (Village Lofts), the Supreme Court of Minnesota addressed how Minnesota’s 10-year statute of repose, Minn. Stat. § 541.051, applies to claims arising from the construction of a condominium complex. The court held that the statute of repose begins to run at different times for: a) statutory residential warranty claims brought pursuant to Minn. Stat. §§ 327A.01 to 327A.08, et. seq.; and b) common law claims arising out of the defective and unsafe condition of the condominium buildings. As stated in Village Lofts, Housing Partners III-Lofts, LLC (Housing Partners) developed the Village Lofts at St. Anthony Falls, a condominium complex consisting of Building A and Building B. Housing Partners retained Kraus-Anderson Construction Company (Kraus-Anderson) as the general contractor for Building A. Kraus-Anderson retained Elness Sweeney Graham Architects, Inc. (ESG), Doody Mechanical, Inc. (Doody) and Kenneth S. Kendle, P.E. (Kendle) to work on Building A. In September 2002, the City of Minneapolis (City) issued a partial certificate of occupancy (CO) for Building A, including the building’s public spaces. On October 4, 2002, Housing Partners filed the declaration creating the Village Lofts at St. Anthony Falls condominium, to be operated by Village Lofts at St. Anthony Association (Village Lofts Association). On October 10, 2002, Housing Partners sold the first unit in Building A and in November of 2003, the City issued a CO for the entire building, excluding two units. Read the court decision
Read the full story...
Reprinted courtesy of William L. Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

Ahlers Cressman & Sleight PLLC Recognized Among The Top 50 Construction Law FirmsTM of 2023 by Construction Executive

June 26, 2023 — Ahlers Cressman & Sleight PLLC
ACS is proud to announce that it has once again been ranked among The Top 50 Construction Law Firms in the Construction Executive 2023 rankings. Since its first publication in 2003, Construction Executive magazine has served as the leading source for news, market developments, and business issues impacting the construction industry, and its articles are designed to help owners and top managers run a more profitable and productive construction business. Construction Executive established the rankings by asking over 600 hundred U.S. construction law firms to complete a survey. Constructive Executive’s data collection includes: 2022 revenues from the firm’s construction practice, the number of attorneys in the firm’s construction practice, percentage of the firm’s total revenues derived from its construction practice, the number of states in which the firm is licensed to practice, the year in which the construction practice was established, and the number of construction industry clients served during the fiscal year 2022. Read the court decision
Read the full story...
Reprinted courtesy of Ahlers Cressman & Sleight PLLC

Florida Supreme Court Adopts Federal Summary Judgment Standard, Substantially Conforming Florida’s Rule 1.510 to Federal Rule 56

June 07, 2021 — Lewis Brisbois
Effective May 1, 2021, the Florida courts will transition to a new summary judgment standard meant to “align Florida’s summary judgment standard with that of the federal courts and of the supermajority of states that have already adopted the federal summary judgment standard.” In re Amends. to Fla. Rule of Civ. Pro. 1.510, 309 So. 3d 192, 192 (Fla. 2020). Consistent with this amendment, Florida Rule of Civil Procedure 1.510 has been amended to adopt the federal summary judgment rule, with exceptions for timing-related issues. The Florida Supreme Court’s most recent opinion on rule 1.510 and the text of new rule 1.510 can be found here. As background, on December 31, 2020, the Florida Supreme Court adopted the federal summary judgment standard by amending Florida Rule of Civil Procedure 1.510(c) to include the following sentence: “The summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard articulated in Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1976); and Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) [(the ‘Celotex trilogy’)].” In re Amends. to Fla. Rule of Civ. Pro. 1.510, 309 So. 3d at 196. The court’s amendment was slated to take effect on May 1, 2021, subject to a public comment period. The court also sought guidance from the Florida Bar’s Civil Procedure Rules Committee. After careful consideration of numerous responses, the court ultimately chose to adopt the substance of the text from federal rule 56. Along with its amendments, the court provides substantial guidance as to how the Florida courts and practitioners should interpret the new rule. A summary of the court’s thorough discussion follows. Read the court decision
Read the full story...
Reprinted courtesy of Lewis Brisbois

Water Damage Sub-Limit Includes Tear-Out Costs

June 06, 2022 — Tred R. Eyerly - Insurance Law Hawaii
The Florida Court of Appeals affirmed the trial court's ruling that the homeowner policy's sub-limit for water damage included tear-out costs. Sec. First Ins. Co. v. Vazquez, 2022 Fla. App. LEXIS 1205 (Fla. Ct. App. Feb. 18, 2022). A discharge of water from the cast iron pipes caused damage to the home. The water escaped as a result of the failed cast iron pipes due to wear and tear, deterioration, and corrosion. The insurer acknowledged coverage for the water damage and paid $10,000 under the Limited Water Damage Endorsement (LWD Endorsement). The provision recited that "'[t]he limit of liability for all damage to covered property provided by this endorsement is $10,000 per loss." The insureds' suit argued they were entitled to additional benefits for the cost to tear out and replace a part of the concrete slab - an action necessary to reach the corroded pipes. The parties stipulated that the cost of the tear-out would be $40,000. The parties agreed that the LWD Endorsement provided coverage of both water damage and tear-out costs. They also agreed that the cost to repair and/or replace the corroded pipes was not covered. They disagreed, however, over the proper interpretation of the limitation of liability provision in the LWD Endorsement. The insured argued that the $10,000 limit applied to both water damage and tear-out costs. The insureds argued that the $10,00 limit applied only to water damage to covered property. Read the court decision
Read the full story...
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