Fairfield Connecticut Building Expert Directory

Napa Quake Seen Costing Up to $4 Billion as Wineries Shut

August 27, 2014 — Michael B. Marois, Zachary Tracer and Dan Hart – Bloomberg
The earthquake that struck northern California yesterday will lead to economic losses of as much as $4 billion, fueled by damaged wineries and shuttered businesses that rely on tourists. Insurers will probably cover about $2.1 billion, according to an estimate from Kinetic Analysis Corp., which projected total losses of about twice that sum. Costs borne by the industry may be limited because many homeowners don’t have earthquake coverage, according to the Insurance Information Institute. “The main source of claims could well be commercial claims, those coming from wineries and vineyards and other commercial interests,” Robert Hartwig, the institute’s president, said in an interview today. “It will take a while for the business owners to sort this out.” Mr. Marois may be contacted at mmarois@bloomberg.net; Mr. Tracer may be contacted at ztracer1@bloomberg.net; Mr. Hart may be contacted at dahart@bloomberg.net Read the court decision
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Reprinted courtesy of Michael B. Marois, Zachary Tracer and Dan Hart, Bloomberg

General Contractor’s Professional Malpractice/Negligence Claim Against Design Professional

November 30, 2017 — David Adelstein - Florida Construction Legal Updates
A recent case supports a professional malpractice (negligence) claim by a general contractor against a design professional by reversing a trial court’s entry of summary judgment in favor of the design professional and finding a question of fact remained as to an architect’s role in the renovation of a public construction project. By the appellate court finding that a question of fact remained, the appellate court was finding that it was a triable issue, which is exactly what the general contractor wanted in this case. Getting this issue and the facts to the jury is the leverage the general contractor presumably wanted. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

Settlement between IOSHA and Mid-America Reached after Stage Collapse Fatalities

April 02, 2014 — Beverley BevenFlorez-CDJ STAFF
On August 13, 2011, “[s]even people were killed and dozens were injured when the stage collapsed during a Sugarland concert” at the Indiana State Fair, according to the JC Online. Recently, Mid-America Sound Corp., the company that provided the stage equipment, has settled with the Indiana Occupational Safety and Health Administration (IOSHA), agreeing “to pay a $50,000 fine and increase employee safety training.” "This agreement is a resolution requiring both extensive safety improvements for the construction or erection of temporary roof structures and specifically related employee safety training that will create a safer workplace for Indiana event production workers," Labor Commissioner Rick Ruble said in a statement, as quoted by JC Online. "The agreement produces a positive outcome for everyone involved." The stage equipment company “made no admission of any wrongdoing by entering into the settlement,” according to Michael Moon, attorney for Mid-America Sound Corp., as quoted by JC Online. “Mid-America believed that it was important to move forward in a cooperative effort with IOSHA and to avoid the costs and expenses of further litigation." Read the court decision
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Thanks to All for the 2024 Super Lawyers Nod!

May 13, 2024 — Christopher G. Hill - Construction Law Musings
It is with humility and a sense of accomplishment that I announce that I have been selected for the seventh straight year to the Virginia Super Lawyers in the Construction Litigation category for 2024. Add this to my recent election to the Virginia Legal Elite in Construction and I’ve had a pretty good year. As always, I am thrilled to be included on these peer-elected lists. So without further ado, thank you to my peers and those on the panel at Virginia Super Lawyers for the great honor. I feel quite proud to be part of the 5% of Virginia attorneys that made this list for 2024. The full list of Virginia Super Lawyers will appear in the May edition of Richmond Magazine. Please check it out. If you want to see the lists before then, a digital version of the Virginia Super Lawyers Magazine is available here (click on the Virginia magazine). Thanks again to all of you who participated in my nomination and election. 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

“Time Is Money!” In Construction and This Is Why There Is a Liquidated Damages Provision

February 01, 2022 — David Adelstein - Florida Construction Legal Updates
In construction, the adage “Time is Money!” rings true for all parties involved on a project. This includes an owner of a project that wants a project completed on time, i.e., by a substantial completion date. While substantial completion is often defined as when an owner can use a project for its intended purpose, this intended purpose typically equates to beneficial occupancy (in new construction) and other factors as identified in the contract. The best mechanism for an owner to reinforce time and the substantial completion date is through a liquidated damages provision (also known as an LD provision) that includes a daily monetary rate for each day of delay to the substantial completion date. A liquidated damages provision is not designed, and should NEVER be designed, to serve as a penalty because then it would be unenforceable. Instead, it should be designed to reasonably compensate an owner for delay to the substantial completion date that cannot be ascertained with any reasonable degree of certainty at the time the contract is being negotiated and executed. (Liquidated damages are MUCH easier to prove than actual damages an owner may incur down the road.) As an owner, you don’t really want to assess liquidated damages because that means the project is not substantially completed on time. And, in reality, a timely completed and performing project should always be better and more profitable than a late and underperforming project. However, without the liquidated damages provision, there isn’t a great way to hold a contractor’s feet to the fire with respect to the substantial completion date. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Condo Board May Be Negligent for not Filing Construction Defect Suit in a Timely Fashion

December 09, 2011 — CDJ STAFF

The Maryland Court of Special Appeals has ruled that condominium association boards have a duty to “properly pursue any claims,” overturning the decision of a lower court that said that it had no legal duty to file suit. Tom Schild, writing at Marylandcondominiumlaw.net, writes about Greenstein v. Avalon Courts Six Condominium, Inc.

In this case, the condominium board waited six years after residents complained about water intrusion problems before suing the developer. The court ruled that the suit could not be filed, as the statute of limitations was only three years. After residents were assessed for the repairs, homeowners sued the board, arguing that their delay lead to the need for the special assessment.

After overturning the decision, the Court of Special Appeals has asked the trial court to review the negligence claim.

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Settlement Ends Construction Defect Lawsuit for School

October 02, 2013 — CDJ STAFF
The school district in the Chicago-area town of Lake Zurich has made last settlement in a construction defect lawsuit. The $80,000 settlement from Terra Group of Chicago brings the total settlement with the Community Unit School District 95 to about $1.9 million. Other firms included Bovis Lend Lease, Legat Architects, Larson Engineering, and Illinois Masonry Corporation. The school district had contracted for work on several schools in the district. The buildings opened in 2004, with defect claims made in 2007. Defect claims included the failure of a retaining wall and need for reinforcement of stairwells. The settlement with Terra Group was made under the agreement that it was a compromise with no concession of liability. Read the court decision
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New Hampshire Asbestos Abatement Firm Pleads Guilty in Federal Fraud Case

February 02, 2017 — Justin Rice - Engineering News-Record
For the second time in three months, a New England-based asbestos removal company pleaded guilty in federal court to wage and benefit violations. Read the court decision
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Reprinted courtesy of Justin Rice, ENR
Mr. Rice may be contacted at ricej@enr.com

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