Fairfield Connecticut Building Expert Directory

Quick Note: Can a Party Disclaim Liability in their Contract to Fraud?

April 11, 2022 — David Adelstein - Florida Construction Legal Updates
It is possible for a party to contractually disclaim or otherwise foreclose liability to a fraud claim. However, let’s be honest. It can be done, but rarely is and would require very specific language to EXPLICITLY disclaim or foreclose such liability to a fraud claim. A recent case, discussed here, exemplifies this point where as-is language in a purchase-and-sale agreement was NOT specific to contractually foreclose or disclaim liability to a fraud claim. For a party to contractually waive a fraud claim, there needs to be an express waiver of liability for fraud that might have been made and that any fraudulent misrepresentation, if such fraud was committed, was disclaimed and would not destroy the validity of the parties’ contract. 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

Caterpillar Forecast Tops Estimates as Construction Recovers

January 28, 2014 — Shruti Date Singh – Bloomberg
Caterpillar Inc. (CAT), the largest maker of mining and construction equipment, forecast earnings and revenue for 2014 that topped analysts’ estimates as the recovery in the U.S. building industry spurs sales of bulldozers and excavators. Sales will be about $56 billion plus or minus 5 percent, the company said in a statement today. The average of 13 estimates compiled by Bloomberg was $55.5 billion. Profit will be $5.85 a share excluding $400 million to $500 million in restructuring costs. That’s more than the $5.77 average estimate. Peoria, Illinois-based Caterpillar also said it approved a $10 billion share buyback plan through 2018 and will repurchase about $1.7 billion in stock in the first quarter that will complete its previous authorization. Read the court decision
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Reprinted courtesy of Shruti Date Singh, Bloomberg
Ms. Singh may be contacted at ssingh28@bloomberg.net

Who's Who Legal Recognizes Two White and Williams Lawyers as Thought/Global Leaders in Insurance and Reinsurance

August 28, 2023 — White and Williams LLP
Who's Who Legal (WWL), in association with Thought Leaders: USA - Insurance and Reinsurance 2023, has recognized two White and Williams lawyers as leading practitioners in their field. WWL’s research process uses a combination of proprietary digital and in-person qualitative techniques and interviews. WWL named Patricia B. Santelle and Randy J. Maniloff as Thought Leaders in Insurance and Reinsurance 2023. Thought Leaders base their results on recommendations and feedback from private practitioners in the industry, as well as from corporate counsel or other clients who have worked closely with the nominees. Both Patricia and Randy have also been recommended as Global Leaders in their field. Patti is recognized by her clients and peers as a leading attorney in the field of complex insurance coverage, having devoted more than 30 years to the representation of insurance company clients. She is also a leader in the legal and business community, having served as the first female chair of a major law firm in Philadelphia. An advocate of community engagement, Patti supports a large number of business, community, law school and pro bono/volunteer initiatives in the region. Read the court decision
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Reprinted courtesy of White and Williams LLP

California Complex Civil Litigation Superior Court Panels

December 31, 2014 — Richard H. Glucksman, Esq., Jon A. Turigliatto, Esq., and David A. Napper, Esq. – Chapman Glucksman Dean Roeb & Barger Bulletin
The Complex Civil Litigation Program is relatively new as it has only existed in California since 2000. Complex divisions dedicate courtrooms solely for litigation of complex civil cases that require exceptional judicial management including construction defects, antitrust, securities, toxic torts, mass torts, and class actions. Complex civil courtrooms help the trial court operate in a more efficient, expeditious, and effective manner. A complex court reduces costs for litigants by streamlining motion practice and expeditiously resolving discovery disputes. Not all counties have dedicated complex civil divisions. For those that do, each county has its own local rules, and some complex divisions have their own particular set of rules. The Judicial management of complex cases begins early, and is applied continuously and actively with the idea that final resolution be expedited as much as possible. In focusing on cooperation amongst the parties to achieve these goals, often requiring joint statements to the court and a prohibition on discovery motions until after the parties have formally metand- conferred on the issues. Moreover, complex cases are centralized and are assigned to one highly skilled Judge for all purposes. The first six California counties to create a Complex Civil division include Alameda, Contra Costa, Los Angeles, Orange, San Francisco, and Santa Clara. Riverside County Superior Court is the most recent California County to add a Complex division, effective January 2015. Riverside county Superior Court’s Complex department consists of ten civil judges, seven of which are in the main courthouse with Riverside. Riverside county expects to consolidate all complex civil litigation into one courtroom by January 2015. Riverside county Judge Sharon Waters state that "[i]t's been something that I personally have felt has been long overdue" and that "[t]he idea is that put it with one judge and let him or her develop the expertise." Judge Waters believes "[t]he potential value of establishing a complex litigation courtroom [is that] it allows the judge to focus on the cases full time."1 As of October 2014, Riverside county had about 450 to 500 pending cases designated as complex, over fifty percent (50%) of which involved construction defect matters. The sole Judge who will preside over the complex cases has not yet been named. 1 Jolly, Vik. "Riverside to Shift Complex Civil Cases to 1 Courtroom." Los Angeles Daily Journal (October 13, 2014) Reprinted courtesy of Chapman Glucksman Dean Roeb & Barger attorneys Richard H. Glucksman, Jon A. Turigliatto and David A. Napper Mr. Glucksman may be contacted at rglucksman@cgdrblaw.com; Mr. Turigliatto may be contacted at jturigliatto@cgdrblaw.com; and Mr. Napper may be contacted at dnapper@cgdrblaw.com Read the court decision
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Another Case Highlighting the Difference Between CGL Policies and Performance Bonds

January 07, 2015 — David M. McClain – Colorado Construction Litigation
During the summer of 2011, Ellis Construction hired Cool Sunshine Heating & Air Conditioning to install the HVAC systems in a single-family home it was building for Gary Doberman and Ellen Robertson in Boulder, Colorado. The homeowners took issue with much of the work performed on their home and tried to negotiate directly with Ellis Construction. When those negotiations broke down, the homeowners sent a notice of claim pursuant to the Construction Defect Action Reform Act, C.R.S. § 13-20-801, et seq. One of the defects alleged in the notice of claim was that the SEERS 13 compressor installed by Cool Sunshine was inappropriate for the system and that because it was installed to run on only one stage, it did not meet the City of Boulder’s code requirements for noise levels. The homeowners therefore requested that the compressor be replaced with a SEERS 20 compressor, which would comply with the Boulder City Code. 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

Back to Basics: What is a Changes Clause?

July 18, 2018 — J. Cole Phillips – Smith Currie
The Changes Clause is one of the most important, perhaps the most important, provision in any construction contract. Project designs are rarely perfect. A Changes Clause provides a mechanism for dealing with such imperfections as well as allowing project owners the flexibility to update a project’s design as the project progresses. A good Changes Clause specifies when an owner can change the original scope of the contract, how the parties should resolve the value of the changed scope and when payment should be made to the contractor or a credit given to the owner. A good Changes Clause will also provide a mechanism for the contractor to notify the owner when it believes a change order is due and specify the time within which such notice must be given. For the contractor, failure to pay attention to the requirements of the Changes Clause can lead to forfeiture of the right to seek an adjustment to the contract value or contract completion date. For an Owner, failure to pay attention to and enforce the requirements of the Changes Clause can result in unnecessary payments to the Contractor. Read the court decision
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Reprinted courtesy of J. Cole Phillips, Smith Currie
Mr. Phillips may be contacted at jcphillips@smithcurrie.com

Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” in four practice areas and Tier 2 in one practice area by U.S. News – Best Lawyers® “Best Law Firms” in 2020

December 09, 2019 — Haight Brown & Bonesteel LLP
Haight Brown & Bonesteel LLP is listed in the U.S. News – Best Lawyers® (2020 Edition) “Best Law Firms” list with five metro rankings in the following areas: Los Angeles

Tier 1

Insurance Law
Personal Injury Litigation – Defendants
Product Liability Litigation – Defendants
Product Liability Litigation – Plaintiffs

Tier 2

Personal Injury Litigation – Plaintiffs

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Haight Brown & Bonesteel LLP

Insured's Motion for Reconsideration on Protecting the Integrity of Referral Sources under Florida Statute s. 542.335

David Adelstein - Florida Construction Legal Updates