Fairfield Connecticut Building Expert Directory

The Road to Rio 2016: Zika, Super Bacteria, and Construction Delays. Sounds Like Everything is Going as Planned

July 28, 2016 — Garret Murai – California Construction Law Blog
Athletes began to arrive at the Olympic Village in Rio de Janeiro on Sunday in anticipation of the 2016 Summer Olympics which begin on August 5th. Perhaps the most closely watched event, however, has already begun; and it has no medals. And that is whether Brazil can successfully pull off the Olympics at all. For a city known for its Carnival the months leading up to the Olympics have been just as crazy and chaotic as the days leading up to Mardi Gras. There’s the Zika virus, the discovery of a “super” bacteria, the impeachment of its President, and Brazil’s worst recession in 100 years. And that’s just a partial list. And then, of course, there’s the construction. Cities bidding to host the Olympics often cite revenue from tourism and long-term capital improvements which will benefit its populace long after the games have ended as economic justification for hosting the Olympics. However, the cost to host the Olympics is often underestimated and Rio is no exception, running an estimated $6 billion over budget. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Insurance Measures Passed by 2015 Hawaii Legislature

June 10, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The 2015 Hawaii legislative session passed three insurance-related bills which have all been signed by the governor. Bills that have been enacted are the following: SB0589 - We previously devoted this post to the legislation. The bill provides relief for residents in lava zones on the Big Island. The bill limits the number of property policies that an insurer can refuse to renew in a lava zone. Further, a moratorium on the issuance of policies can be lifted in a state of emergency due to the threat of imminent disaster from a lava flow. SB0736 - Provisions relating to reimbursement for accident and health or sickness insurance benefits are amended. Further, the bill provides that prior to initiating any recoupment or offset demand efforts, an entity must send a written notice to the health care provider at least 30 days prior to engaging in recoupment or offset efforts. An entity may not initiate recoupment or offset efforts more than 18 months after the initial claim payment was received by the health care provider or health care entity. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Colorado Temporarily Requires Employers to Provide Sick Leave While Awaiting COVID-19 Testing

April 06, 2020 — Shawna Ruetz - The Grindstone Lewis Brisbois Labor & Employment Blog
On March 11, 2020, the Colorado Department of Labor and Employment (CDLE) issued emergency rules, referred to as Colorado Health Emergency Leave with Pay (Colorado HELP) Rules, requiring employers in certain industries to provide four days of paid sick leave to employees with flu-like symptoms while awaiting test results for COVID-19, or to anyone who is under instructions from a healthcare provider to quarantine or isolate due to a risk of having COVID-19. These rules take effect immediately for 30 days, or longer if the state of emergency declared by Colorado Governor Polis continues. Which industries are covered by the Colorado HELP Rules?

Leisure and hospitality;
Food services;
Child care;
Education (including transportation, food service, and related work at educational establishments);
Home health (if working with elderly, disabled, ill, or otherwise high-risk individuals)
Nursing homes; and
Community living facilities; and
Retail establishments that sell groceries (added March 26).

How much paid sick leave must be provided? Employers are required to provide up to four days of paid sick leave to employees with flu-like symptoms who are being tested for COVID-19. If the employee tests negative, the leave ends. Read the court decision
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Reprinted courtesy of Shawna Ruetz, Lewis Brisbois
Ms. Ruetz may be contacted at Shawna.Ruetz@lewisbrisbois.com

Insured Survives Motion for Summary Judgment in Collapse Case

May 30, 2022 — Tred R. Eyerly - Insurance Law Hawaii
The insurer's motion to exclude expert testimony and for summary judgment in a cases involving collapse was denied. Firehouse Church Ministries v. Church Mut. Ins. Co., 2022 U.S. Dist. LEXIS 53959 (D. Miss. March 25, 2022). A roof truss, a framework supporting the roof, collapsed in the church. The cause was either deterioration over time or a nearby tornado. The Church claimed that before the tornado passed, the church was clean and in orderly condition. When inspected after the tornado, there was debris and wreckage, including tin, insulation dust, plaster, and ceiling tile, on the floor. The Church had a contractor, Gregory Blanchard, inspect. He added posts to support the truss and made other repairs, but informed the Church that the damage was worse than expected and it could not be easily repaired. 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

Affirmed: Nationwide Acted in Bad Faith by Failing to Settle Within Limits

July 19, 2017 — Bethany Barrese – Saxe Doernberger & Vita, P.C.
The Eleventh Circuit recently affirmed that Nationwide acted in bad faith by refusing to settle a claim against its insured for the policy limits, exposing the policyholder to an excess verdict.1 The case arose out of a 2005 automobile accident where Seung Park, who was insured by Nationwide, struck and killed another driver, Stacey Camacho. Shortly after the accident, Ms. Camacho’s estate issued a time-limited demand for the full limits of the policy Nationwide issued to Mr. Park, $100,000, to settle the case. After the deadline to respond to the demand expired, Nationwide rejected the demand and made a counteroffer. A settlement could not be reached and a wrongful death suit was filed against Mr. Park, resulting in a massive jury verdict of $5.83 million. Following the jury verdict, Mr. Park assigned his rights against Nationwide to Ms. Camacho’s estate, which then filed claims for negligence and bad faith failure to settle against Nationwide. The case was tried to a jury, which found in favor of the estate. Read the court decision
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Reprinted courtesy of Bethany Barrese, Saxe Doernberger & Vita, P.C.
Ms. Barrese may be contacted at blb@sdvlaw.com

Understanding the Miller Act

February 26, 2015 — Beverley BevenFlorez-CDJ STAFF
John P. Ahlers of Ahlers & Cressman PLLC, explained who is covered by the Miller Act in regards to Federal public works projects on the firm’s blog. Ahlers stated that “[t]he Miller Act requires that all general contractors post payment bonds on contracts in excess of $25,000.00.” In his blog post, Ahlers goes over coverage and the distinction between subcontractor and supplier. Ahlers commented, “While, at first glance, it may seem fairly simple to sort out who is and who is not covered by the Miller Act payment bond, the analysis can at times be factually and legally complex. This is an area that, if faced, the contractor should seek legal advice of an experienced construction lawyer before jumping to conclusions.” Read the court decision
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Reprinted courtesy of

Bought a New Vacation Home? I’m So Sorry

August 13, 2014 — Ben Steverman – Bloomberg
Summer is a time to relax, kick back and make dumb financial decisions. That's how financial advisers see it, when their clients get a hankering for a summer house after returning from an idyllic trip. Sales of vacation homes in the U.S. rose 30 percent last year to 717,000, the National Association of Realtors estimates, based on a survey. But owning a second home is often far more expensive and stressful than buyers, or dreamers, imagine. Start with the dark side to beautiful weather. Sun, salt and wind are cruel to houses. One owner in Virginia Beach was shocked to learn he'd need new windows every six years. That alone wiped out an entire summer of rental income, says David O’Brien, his adviser. Storms take out roofs, docks and sea walls, replaceable only at exorbitant rates. "These properties are for family memories, not capital appreciation," O'Brien says sunnily. Read the court decision
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Reprinted courtesy of Ben Steverman, Bloomberg
Mr. Steverman may be contacted at bsteverman@bloomberg.net

Architects Group Lowers U.S. Construction Forecast

July 30, 2014 — Nadja Brandt – Bloomberg
Spending on non-residential construction in the U.S. will be less than initially projected as state and local governments scale back investments in such properties as schools and health-care buildings, the American Institute of Architects said. Total spending on commercial and institutional development probably will increase 4.9 percent this year, down from an earlier estimate of 5.8 percent, according to a semi-annual survey by the Washington-based group. A slowdown in funding for institutional projects, which include education, health-care, religious and public-safety facilities, has been a drag on the recovery of the wider industry, according to Kermit Baker, the AIA’s chief economist. The group expects institutional-construction spending to fall 0.1 percent this year, compared with January’s projection for an increase of 3.4 percent, Baker said. Read the court decision
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Reprinted courtesy of Nadja Brandt, Bloomberg
Ms. Brandt may be contacted at nbrandt@bloomberg.net

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