Fairfield Connecticut Building Expert Directory

Being deposed—not just for dictators! Depositions in the construction lawsuit (Law & Order: Hard Hat files Part 5)

January 17, 2013 — Melissa Dewey Brumback, Construction Law in North Carolina
My husband always finds it amusing when I talk about going “to depose” somebody. He wants to know just exactly what sort of coup d’etat I am planning. Despite the awkward language, the deposition process is not supposed to feel like water boarding, although if you don’t know what to expect it can be more miserable than truly necessary. Simply put, a deposition is a chance for the other side’s lawyer to make you answer a whole bunch of questions (some relevant, some seemingly irrelevant) under oath. That is, first you put your hand on the Bible and swear (or affirm) to tell the truth, the whole truth, and nothing but the truth. In reality, depositions serve a variety of purposes– they educate the lawyers about the facts of the case, they give a preview of how you would “present” to a jury (i.e., would a jury like and believe you?), and they can be used to position a case for certain later dispositive motions (that is, summary judgment– stay tuned for Part 8 of the series on that issue). Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback
Ms. Brumback can be contacted at mbrumback@rl-law.com

FBI Makes Arrest Related to Saipan Casino Construction

April 05, 2017 — Matthew Campbell & Greg Farrell - Bloomberg
The Federal Bureau of Investigation arrested one person in connection with the death of a construction worker at Imperial Pacific International Holdings Ltd.’s casino on the remote U.S. island of Saipan, according to an agency spokeswoman. “The FBI conducted a search and made an arrest in response to the recent death of an individual working at the construction site of the Imperial Pacific Resort,” Michele Ernst, a spokeswoman in the FBI’s Honolulu field office, said in an email Friday. “The investigation is related to allegations of a federal violation of the workplace visa system, including reports the company was systematically harboring individuals who are out of status and in violation of federal statutes." Reprinted courtesy of Matthew Campbell, Bloomberg and Greg Farrell, Bloomberg Read the court decision
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Gatluak Ramdiet Named to The National Black Lawyers’ “Top 40 Under 40” List

February 20, 2023 — Lewis Brisbois
New York, N.Y. (February 2, 2023) - New York Associate Gatluak Ramdiet was recently named to The National Black Lawyers (NBL) “Top 40 Under 40” list. The NBL “Top 40 Under 40” recognizes the most talented Black attorneys under the age of 40 who have an outstanding reputation among peers, the judiciary, and the public. The honorees on this list are nominated from leading lawyers, current members, and Executive Committee members. Mr. Ramdiet is a member of Lewis Brisbois' Medical Malpractice, Healthcare, Life Sciences, General Liability, Construction, and Toxic Tort & Environmental Litigation Practices. He represents individual and institutional clients in complex and high exposure claims, with particular experience handling matters involving catastrophic injuries and serious medical conditions. As part of the New York Medical Malpractice team, he regularly represents individual healthcare providers, including physicians, physician assistants, and nurse practitioners. Read the court decision
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Reprinted courtesy of Lewis Brisbois

The Great Fallacy: If Builders Would Just Build It Right There Would Be No Construction Defect Litigation

January 21, 2015 — David McLain – Colorado Construction Litigation
As the 2015 Colorado legislative session gets into full swing, there is a lot of anticipation and discussion regarding this year’s construction defect reform bill. It seems like every time a reporter broaches this issue in an article, there is a quote from a plaintiffs’ attorney stating that if builders would just build homes right, there would be no need for construction defect litigation. This is the sentiment expressed in the site www.BuildOurHomesRight.com. The problem with this argument is that it assumes that the “construction defects” for which associations sue are those only that affect the performance of the homes, or are likely to affect the performance of the homes during the useful life of the component at issue. Unfortunately, this is simply not the case. Over the years, the plaintiffs’ bar has stacked the deck, so to speak, making actionable every technical building code violation, regardless of whether it has any impact, or will ever likely have any impact, on the performance of the homes involved. Read the court decision
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Reprinted courtesy of David M. McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

Hoboken Mayor Admits Defeat as Voters Reject $241 Million School

February 21, 2022 — Nic Querolo - Bloomberg
Hoboken Mayor Ravi Bhalla said late Tuesday that the city’s $241 million bond referendum to build a new high school won’t pass. “While the will of the voters has made it clear that the Board of Education’s current proposal for the new high school will not move forward, I sincerely believe that the effort to improve our public schools will continue,” Bhalla said in a statement. While the board of education put forth the proposal, the mayor was a big proponent. The vote in a special election Tuesday was one of the costliest school construction referendums in New Jersey history. The bond was failing 66% to 34%, with 35 out of 42 precincts reporting, according to unofficial results posted by Hudson County as of Wednesday morning. About 7,500 ballots had been cast, translating to a roughly 17% turnout, which is strong for a school bond vote. Read the court decision
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Reprinted courtesy of Nic Querolo, Bloomberg

Structural Defects Lead Schools to Close off Areas

February 12, 2013 — CDJ STAFF
Two Virginia schools have closed off parts of their buildings after inspections discovered that walls were bowing outward due to structural defects. The inspectors determined that other portions of the Pulaski and Dublin middle schools were safe for occupancy. The school board is currently consulting with engineers to determine how best to stabilize the walls. A press release from the schools notes that the unstable wall at the Dublin Middle School is in the gym area, while at the Pulaski Middle School both the gym and auditorium are affected. As a precaution, the gyms at both schools, the Pulaski auditorium, and the spaces beneath have been closed off. Officials in the schools state that while they are seeking to repair the situation quickly, “we must operate under the assumption that repairs will not be complete by the end of this school year.” Read the court decision
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D.R. Horton Profit Beats Estimates as Home Sales Jumped

January 28, 2015 — John Gittelsohn and Prashant Gopal – Bloomberg
(Bloomberg) -- D.R. Horton Inc., the largest U.S. homebuilder by revenue, reported fiscal first-quarter earnings that beat estimates as sales jumped. The shares rose the most since October. Net income was $142.5 million, or 39 cents a share, for the three months ended Dec. 31, compared with $123.2 million, or 36 cents, a year earlier, the Fort Worth, Texas-based company said Monday in a statement. The average of 14 analyst estimates was 35 cents a share, according to data compiled by Bloomberg. Results for the quarter included $6 million in inventory and land option charges, according to the statement. Reprinted courtesy of Bloomberg reporters Prashant Gopal and John Gittelsohn Mr. Gittlesohn may be contacted at johngitt@bloomberg.net; Mr. Gopal may be contacted at pgopal2@bloomberg.net Read the court decision
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Formaldehyde-Free Products for Homes

March 05, 2015 — Beverley BevenFlorez-CDJ STAFF
Builder Magazine reported that builders are “making indoor air quality a major concern,” including choosing healthier, formaldehyde-free products. Builder explained the problems with certain chemicals: “Formaldehyde and other VOCs, most frequently found in wood products, finishes, and paints, have been chief among the pollutants targeted for potentially dangerous health effects, such as respiratory issues and irritation of the eyes, nose, throat, and skin.” Read the court decision
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