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    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Local # 0740
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    Salem, CT 06420

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    Local # 0720
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    Rocky Hill, CT 06067

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    Local # 0755
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    Local # 0710
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    Real Estate & Construction News Roundup (4/17/24) – Travel & Tourism Reach All-Time High, President Biden Emphasizes Housing in SOTU Address, and State Transportation Projects Under Scrutiny

    Ritzy NYC Tower Developer Says Residents’ Lawsuit ‘Ill-Advised’

    Defining a Property Management Agreement

    Federal Subcontractor Who Failed to Follow FAR Regulations Finds That “Fair” and “Just” are Not Synonymous

    Ten Firm Members Recognized as Super Lawyers or Rising Stars

    Traub Lieberman Partner Lisa Rolle Obtains Summary Judgment in Favor of Defendant

    Construction Defect Coverage Summary 2013: The Business Risks Shift To Insurers

    Best Practices: Commercial Lockouts in Arizona

    Judgment for Insurer Reversed Due to Failure to Establish Depreciation

    California Supreme Court Holds that Requirement of Prejudice for Late Notice Defense is a Fundamental Public Policy of the State for Choice of Law Analysis

    Las Vegas Student Housing Developer Will Name Replacement Contractor

    Tall Mass Timber Buildings Now Possible Under 2021 IBC Code Changes

    Singer Akon’s Multibillion-Dollar Futuristic City in Africa Gets Final Notice

    Mold Due to Construction Defects May Temporarily Close Fire Station

    Ninth Circuit Construes Known Loss Provision

    Contractor’s Assignment of Construction Contract to Newly Formed Company Before Company Was Licensed, Not Subject to B&P 7031

    Panel Declares Colorado Construction Defect Laws Reason for Lack of Multifamily Developments

    The California Privacy Rights Act Passed – Now What?

    More Business Value from Drones with Propeller and Trimble – Interview with Rory San Miguel

    The “Ugly” Property Next Door is Ruining My Property Value

    Should I Pull the Pin? Contractor and Subcontractor Termination for Cause

    Want to Make Your Jobsite Safer? Look to the Skies.

    Terminating Contracts for Convenience — “Just Because”

    Who Would Face Liability For Oroville Dam Management: Brett Moore Authors Law360 Article

    Construction Costs Up

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    Court Addresses Damages Under Homeowners Insurance Policy

    Federal Court Sets High Bar for Pleading Products Liability Cases in New Jersey

    Retainage on Pennsylvania Public Contracts

    Bert L. Howe & Associates Returns as a Sponsor at the 30th Annual Construction Law Conference in San Antonio

    South Dakota Supreme Court Holds That Faulty Workmanship Constitutes an “Occurrence”

    Under the Hood of U.S. Construction Spending Is Revised Data

    Court of Appeals Expands Application of Construction Statute of Repose

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    Quick Note: Lis Pendens Bond When Lis Pendens Not Founded On Recorded Instrument Or Statute

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    The EPA’s Renovation, Repair, and Painting Rule: Are Contractors Aware of It?

    Narrow Promissory Estoppel Exception to Create Insurance Coverage

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    Coverage for Named Windstorm Removed by Insured, Terminating Such Coverage

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

    Oregon Bridge Closed to Inspect for Defects

    Safety Accusations Fly in Dispute Between New York Developer and Contractor

    Baltimore Bridge Collapse Occurred After Ship Lost Power Multiple Times

    Chinese Drywall Manufacturer Claims Product Was Not for American Market

    Real Estate & Construction News Roundup (7/10/24) – Strong Construction Investment in Data Centers, Increase Use of Proptech in Hospitality and Effects of Remote-Work on Housing Market

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    Used French Fry Oil Fuels London Offices as Buildings Go Green

    December 10, 2015 —
    PricewaterhouseCoopers LLP’s office above Charing Cross railway station in London is cooled, heated and fueled by an unlikely source: used cooking oil. The system, which helped the property become the greenest building in the U.K. capital, uses oil refined less than two miles away at London Bridge. It also helps prevent an invisible problem: “fatbergs” formed when oils dumped in drains and pipes congeal with baby wipes and diapers and block the city’s sewers. “We’re using London’s waste to fuel a London office building,” said Jon Barnes, head of building at PwC. The system contributed toward a one-third reduction in electricity costs after a two-year refurbishment of the One Embankment Place office building that finished last year. Read the court decision
    Read the full story...
    Reprinted courtesy of Siobhan Wagner, Bloomberg

    Major Changes in Commercial Construction Since 2009

    December 11, 2013 —
    A new report from Jones Lang LaSalle tracks some of the changes that the commercial building industry has seen since 2009. One important change is that financing has returned. In reviewing the report, Buildings.com notes that “commercial lending conditions are improving.” A less positive change is that construction costs have gone up, with the increase in residential construction pushing prices up in commercial construction. Green construction has gone from a luxury to something owners and developers want. Read the court decision
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    Reprinted courtesy of

    Hunton Insurance Coverage Partner Lawrence J. Bracken II Awarded Emory Public Interest Committee’s 2024 Lifetime Commitment to Public Service Award

    February 26, 2024 —
    On February 7, the Emory Public Interest Committee (EPIC) honored insurance coverage partner Lawrence (Larry) J. Bracken II with their 2024 Lifetime Commitment to Public Service Award at the annual EPIC Inspiration Awards. As one of the Emory University School of Law’s signature events, the Inspiration Awards celebrate members of the community who do extraordinary work in the public interest and provide funding for public interest summer jobs. Larry has more than 37 years of experience litigating insurance coverage, class action and commercial cases in federal and state courts throughout the United States. He represents policyholders in insurance coverage litigation and arbitration, and is a Fellow of the American College of Coverage Lawyers. Larry also has litigated class actions and other complex commercial disputes for more than three decades. Pro bono representation of clients in habeas corpus, prisoner rights, and landlord-tenant litigation is an important part of his practice. Larry currently serves as the President of the Board of Directors of the Atlanta Volunteer Lawyers Foundation. Read the court decision
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    Reprinted courtesy of Hunton Andrews Kurth LLP

    The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”

    February 14, 2022 —
    On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by February 7, 2022. This term controls the scope of federal regulatory powers in such programs as the development of water quality standards, impaired waters, total maximum daily loads, oil spill prevention, preparedness and response plans, state and tribal water quality certification programs, the National Pollutant Discharge Elimination System (NPDES) permit program, and the Corps of Engineers’ dredge and fill program. The Environmental Protection Agency (EPA) and the Corps of Engineers have jointly drafted this comprehensive proposed rule, which also responds to President Biden’s Executive Order 13990, issued in January 2021. Background The agencies noted that they have repeatedly defined and re-defined “Waters of the United States” since the Clean Water Act was enacted in 1972. This level of sustained commitment is unique to this program, perhaps reflecting the importance of the programs that are implemented through the Clean Water Act. The most recent rulemaking efforts took place in 2015, 2017, 2020 and now 2022, and the Supreme Court has issued several landmark rulings in response to these efforts. See City of Milwaukee v. Illinois, 451 US 304 (1981), United States v. Riverside Bayview, 474 US 121 (1985), SWANCC v. United States, 531 US 159 (2001), Rapanos v. United States, 547 US 715 (2006), National Association of Manufacturers v. Department of Defense, 138 S Ct 617 (2018), and County of Maui, Hawaii v. Hawaii Wildlife Fund, 140 S, Ct 1462 (2020). The rules promulgated in 2015 and entitled, “Clean Water Act: Definition of Waters of the United States” expanded the scope of federal regulatory jurisdiction, but the 2020 rule, entitled the “Navigable Waters Protection Rule,” contracted that scope. Now, the agencies have proposed the “Revised Definition of ‘Waters of the United States,’” which will rescind the 2020 rule and inevitably restore something of the scope of the 2015 rule by returning to the familiar “1986 rules” that were issued by the Corps of Engineers in 1986 and EPA in 1988, as modified by the recent Supreme Court decisions mentioned above. Both the 2015 and 2020 rules were mired in litigation and the Corps and EPA view the resort to the 1986 rules as a fresh start for the Clean Water Act. In short, the topsy-turvy history of regulation under the Clean Water Act continues. Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)

    October 05, 2020 —
    I’ve discussed the continuing litigation between White Oak Power Constructors v. Mitsubishi Hitachi Power Systems Americas, Inc. previously here at Construction Law Musings because the case was another reminder that your construction contract terms matter and will be interpreted strictly here in the Commonwealth of Virginia. The prior opinion in this case from the Eastern District of Virginia court the Court considered the applicability of a liquidated damages provision. In the latest opinion from the Court (PDF) the Court looked at when and how any liquidated damages would be calculated. In its June 22, 2020 opinion, the Court put the issue as follows:
    White Oak’s motion for partial summary judgment presents a narrow issue: whether courts may consider the damages actually sustained by a party as a result of a contract breach when deciding if liquidated damages required by a contract “grossly exceed” a party’s actual damages.
    Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Be Aware of Two New Statutes that Became Effective May 1, 2021

    May 24, 2021 —
    On May 1, 2021, two new statutes that passed in 2020 and that directly affect construction became effective. I’ve used the AGC-VA description of the bills and encourage you to read the statutes in full. Prevailing Wage Starting May 1, 2021, Virginia’s new prevailing wage statute takes effect. This statute requires any contractor bidding on state procurement jobs to pay prevailing wages for work completed on the project. Further, localities and some institutes of higher education have the option to require prevailing wages on jobs. This may have the effect of significantly raising the cost of these jobs and creating market incentives which make it very difficult for many contractors to bid on this type of work, and is consistent with work performed on VDOT and federal projects. The law further requires certified payroll for any prevailing wage job and the consequence for not following the statute includes debarment. 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

    Insurance Coverage Litigation Section to Present at Hawaii State Bar Convention

    October 15, 2014 —
    The Hawaii State Bar convention will be on October 24, 2014, at the Hawaiian Hilton. The Insurance Coverage Litigation Section will make a presentation from 8:30 a.m. to 11:45 a.m. Three presentations will be made. First, Richard C. Mosher (Anderson Kill), Kathy Dang (Marsh), and Beau Monday (Hawaiian Telcom) will discuss cyber-liability claims and insurance options. Next, David R. Harada-Stone (Tom Petrus & Miller) and I (Damon Key Leong Kupchak Hastert) will address "occurrences," i.e., deciding on and the impact of determining the number of occurrences in particular factual settings. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Damage Control: Major Rebuilds After Major Weather Events

    October 21, 2024 —
    More than two feet of rain drenching Fort Lauderdale in a day, baseball-sized hail chunks falling on Minneapolis and the deadliest wildfire in more than a century destroying more than 2,100 acres of Maui—2023 was a stark reminder that Mother Nature is a force to be reckoned with. In total, $28 billion dollars’ worth of extreme weather and climate-related disasters ripped across the U.S. last year—a new record, according to the National Oceanic and Atmospheric Administration. And there’s no relief in sight: 2024 is already the second-busiest tornado season on the books, and wildfires were burning in Oregon, California, Montana and Texas as this issue went to print. Part of dealing with disasters is preparing for their impact to infrastructure, and Roland Orgeron Jr.—who co-founded New Orleans-based Legacy Industries with business partner Blake Couch in 2016—has been helping clients do just that. “We do a lot of consulting to identify vulnerabilities, and we offer action plans for companies based on potential storm scenarios,” Orgeron Jr. says. Some of those clients include large oil and gas companies with operations along the Mississippi River that cannot afford to be shut down for any extended period. “Before Hurricane Ida hit, we pre-positioned equipment inside some facilities, and we had guys responding the day after the storm to clear the area and assess the damage,” Orgeron Jr. says. During the immediate response to Hurricane Ida in 2021, the company’s work involved more than keeping the business locations up and running; they needed to help a business’ employees find a place to live. “We have a home stabilization contract with one oil and gas company designed to make sure their employees can get back to work as comfortably and quickly as possible,” Orgeron Jr. says. Reprinted courtesy of David McMillin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of