Fairfield Connecticut Building Expert Directory

Design-Assist, an Ambiguous Term Causing Conflict in the Construction Industry[1]

December 02, 2019 — John P. Ahlers - Ahlers Cressman & Sleight PLLC
“Design-Assist” is one of the recent cost-saving trends being touted for construction projects and, in particular, construction projects utilizing alternative procurement methods. If an internet search for the term, “design-assist” is made, the result will be numerous construction industry articles and white papers lauding “design-assist” as a recent cost-saving trend in construction procurement. From a legal perspective, however, the term “design-assist” is notably absent from court opinions and most state licensing laws. With the exception of the ConsensusDocs, few standard form contracts even include the term “design-assist” in their text. The ConsensusDocs agreement provides examples of the Constructor’s obligations to perform “assisting activities” (the term “design-assist” is not used) and states that, notwithstanding the performance of such “assisting activities” by the Constructor, the responsibility of the design remains with the Designer unless otherwise stated in the Contract:

Article 4.5 DESIGN PROFESSIONAL’S RESPONSIBIITIES The Designer shall furnish or provide all design and engineering services necessary to design the Project in accordance with the Owner’s objectives … the Designer shall draw upon the assistance of Constructor and others in developing the design, but the Designer shall retain overall responsibility for all design decisions….
Article 4.6 CONSTRUCTOR’S RESPONSIBILITIES [T]he Constructor shall assist the Designer in the development of the Project Plan and Project Design but shall not provide professional services which constitute the practice of architecture or engineering unless the Constructor needs to provide such services in order to carry out its responsibilities … or unless specifically called for by the Contract Documents.

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Reprinted courtesy of John P. Ahlers, Ahlers Cressman & Sleight PLLC
Mr. Ahlers may be contacted at john.ahlers@acslawyers.com

Novation Agreements Under Federal Contracts

November 29, 2021 — Hal Perloff - Construction Executive
A unique aspect of doing business with the federal government is the built-in limits on a contractor’s right to assign the contract or the right to payment under the contract to third parties. The Anti-Assignment Act (41 U.S.C. § 6305) prohibits the transfer of a government contract or interest in a government contract to a third party. An assignment of a contract in violation of this law voids the contract except for the government’s right to pursue a breach of contract remedies. What’s a contractor to do when it is acquired/merged with another firm, is restructured or goes through a variety of other types of corporate transaction? The Federal Acquisition Regulations recognize that firms involved in government contracts get bought and sold from time to time and includes procedures for the novation of contracts in certain situations to avoid a potential violation of the Anti-Assignment Act. What Is a Novation? A novation is a three-party agreement between the United States, the original contractor and the new contractor offering to assume the government contract. The purpose the novation is to allow the government to recognize a new contractor as the successor-in-interest to a government contract and avoid a violation of the Anti-Assignment Act. Reprinted courtesy of Hal Perloff, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Perloff may be contacted at hal.perloff@huschblackwell.com

Construction Up in Northern Ohio

October 02, 2013 — CDJ STAFF
Crain’s Cleveland Business reports that both commercial and residential construction have seen spending increases in the last twelve months. The gain was only 5.4%, but it’s still welcome in the area. “It’s been quiet so long, it wouldn’t take much to generate an upturn,” according to Tom Laird, of Gilbane Building Co. Some of the upturn comes from new building at universities and hospitals, but the corporate sector is also starting new project. Finally, the city of Cleveland is looking for proposals to develop parcels on their waterfront. Still, some are wary. “It might just be a bubble,” said Jason Jones, the general manager of Turner Construction’s Cleveland office. Read the court decision
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Insured Cannot Sue to Challenge Binding Appraisal Decision

December 16, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The court dismissed the insured condominium association's challenge to an appraisal award. The Courtyards at Prairie Fields Condominium Association v. West Band Mut. Ins. Co., 2023 U.S. Dist. LEXIS 169458 (N. D. Ill. Sept. 22, 2023). In July 2020, the insured filed a claim with West Bend for damage to the property's roof and other building components as a result of wind and hail. West Bend inspected and estimated the replacement cost for the damage was $60,989.54. This amount was paid to the insured minus the $10,000 deductible. The insured believed the damage was so severe that the roofs need to be replaced, which the insured estimated would cost $1,389,600. The insured demanded an appraisal. 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

Traub Lieberman Attorneys Lisa M. Rolle and Justyn Verzillo Win Motion for Summary Judgment

December 23, 2024 — Lisa M. Rolle & Justyn Verzillo - Traub Lieberman
In this subrogation action brought in the Supreme Court of the State of New York, Dutchess County, Traub Lieberman attorneys Lisa M. Rolle and Justyn Verzillo successfully obtained dismissal of a third-party complaint against their client, a fire-system protection company. In the underlying case, a fire sprinkler system within a commercial building leaked water into multiple tenant spaces, causing damage. The tenants’ insurers alleged that they each paid several hundred thousand dollars to cover their insureds’ claims. The insurers then filed complaints against the company which originally installed the sprinkler (the “Installer”), asserting that the company breached its duty of care. The Installer commenced a third-party action against the property owner and two fire-system protection companies—including Traub Lieberman’s client—who had separately conducted annual inspections of the sprinkler system over the years. The property owner and the two fire-system protection companies each asserted cross-claims against each other. Reprinted courtesy of Lisa M. Rolle, Traub Lieberman and Justyn Verzillo, Traub Lieberman Ms. Rolle may be contacted at lrolle@tlsslaw.com Mr. Verzillo may be contacted at jverzillo@tlsslaw.com Read the court decision
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CDJ’s #6 Topic of the Year: Does Colorado Need Construction Defect Legislation to Spur Affordable Home Development?

December 31, 2014 — Beverley BevenFlorez-CDJ STAFF
The question involves whether a Colorado law passed in 2005 has made it too easy for homeowners to sue developers for construction defects, allegedly causing a decline in condominium building in the state. The Construction Defect Journal became a forum for this lively debate with two prominent, Colorado, construction defect attorneys providing their views on the subject: Jesse Howard Witt, of the Witt Law Firm, published “Colorado Mayors Should Not Sacrifice Homeowners to Lure Condo Developers.” Read the full story... In response, James M. Mulligan of Snell & Wilmer, LLP presented his perspective in, “Are Construction Defect Laws Inhibiting the Development of Attached Ownership Housing in Colorado?” Read the full story... The city of Lakewood did not wait for the state, but instead passed its own ordinance, which “gives developers and builders a ‘right to repair’ defects before facing litigation and would require condominium association boards to get consent from a majority of homeowners — rather than just the majority of the board — before filing suit,” according to John Aguilar’s piece in The Denver Post. Read the full story... Read the court decision
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Business Risk Exclusions Dismissed in Summary Judgment Motion

November 09, 2020 — Tred R. Eyerly - Insurance Law Hawaii
While the court denied summary judgment on whether the alleged damage was due to faulty workmanship and not covered, it granted summary judgment for dismissal of several business risk exclusions the insurer asserted against the developer. United Specialty Ins. Co. v. Dorn Homes, 2020 U.S. Dist. LEXIS 138431 (D. Ariz. Aug. 4, 2020). Dorn, a residential home developer, developed a 350 single family residential home division. Dorn did not perform the actual construction, but contracted with various subcontractors. After completion, Dorn began to receive complaints from homeowners about interior damage to some of the homes. Inspections showed interior cracking, wall separation and foundation movement. Dorn ultimately installed an unvented foam insulated roof system to address these issues. Therefore, it did not repair the faulty workmanship of its subcontractors because it would not have been efficient or as effective. Dorn paid for the repairs to the 87 homes at issue. 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

BHA has a Nice Swing: Don’t Forget to Visit BHA’s Booth at WCC to Support Charity

May 13, 2014 — Beverley BevenFlorez-CDJ STAFF
At this week's West Coast Casualty Construction Defect Seminar, for every hole-in-one made at the golf putting game at the Bert L. Howe & Associates (BHA) booth, the firm will make a $25.00 cash donation in the golfer’s name to the Construction Defect Community Charitable Foundation (CDCCF). Each winner will also receive a $25.00 Best Buy gift card. BHA’s traditional golf game has been technologically reimagined. As the putter steps onto the artificial turf, he or she is plunged into a virtual golf course through an animated video projected on a giant 23 feet wide by 8 feet tall screen! While at the booth, don’t forget to test out BHA’s industry leading data collection and inspection analysis systems. BHA has recently added video overviews to their data collection process, as well as next-day viewing of inspection data via their secured BHA Client Access Portal. Discover meaningful cost improvements that translate to reduced billing while providing superior accuracy and credibility. Attendees can also enter to win Dodger baseball tickets, a new iPad Air, or a trip to the Del Mar Race Track! Other BHA giveaways include water bottles, pocket tape measures, multi-tools, flashlight fans, foam footballs, and Godiva chocolates. Bert L. Howe & Associates strongly supports the goals and principles of the CDCCF, and is honored to assist the foundation in fulfilling its mandate of assisting those in the construction defect community who are in need. Read how the CDCCF assists the construction defect community... Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES