Fairfield Connecticut Building Expert Directory

Drone Operation in a Construction Zone

August 17, 2020 — Mark R. Berry & Freddy X. Muñoz - Peckar & Abramson
The potential uses of unmanned aircraft systems (UAS) in the construction industry continue to expand as new technologies enter the market and construction companies realize UAS can perform unique tasks at tremendous cost savings. The full technological capabilities of UAS are, however, limited by law for public safety reasons. UAS share airspace with traditional passenger, military and cargo aircraft, and are potential hazards for humans below. The risk of potential catastrophic collisions has led to a careful approach to the adoption of this technology. All U.S. airspace is exclusively regulated by the Federal Aviation Administration (FAA), and therefore, most drone regulation originates from this agency. Many states and localities have also enacted additional limits on UAS operations, and many of these nonfederal regulations are presently on unsure footing after a federal court ruling in Singer v. Newton invalidated a local regulation that conflicted with FAA regulations. What is clear is that all commercial UAS operations must comply with FAA regulations. Any drone operation conducted by any private company, even through use of an employee’s personal drone, would constitute commercial operation subject to regulation. Reprinted courtesy of Mark R. Berry, Peckar & Abramson and Freddy X. Muñoz, Peckar & Abramson Mr. Berry may be contacted at mberry@pecklaw.com Mr. Muñoz may be contacted at fmunoz@pecklaw.com Read the court decision
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Failing to Adopt a Comprehensive Cyber Plan Can Lead to Disaster

January 13, 2020 — Richard Volack - Construction Executive
Despite being aware of cyber risk, and even frightened by it, a shocking number of companies in the construction industry have neither a cyber insurance policy nor a basic cyber security plan to deal with a hack or breach into their computer systems. Once breached, companies with no plan in place become, essentially, a rudderless ship subject to the whims of criminal tides. A proper cyber plan lays out at least the following:

the criteria for when a plan would be triggered (i.e., in the event of a breach or a hack);
which persons inside the company (in-house counsel, IT personnel, executive, project managers) and which persons outside the company (attorney with knowledge of cyber issues and ideally construction law as well; forensic computer experts, crisis management experts; and an insurance broker familiar with cyber policies) should be involved;
the chain of command and communication in this type of situation and the distinct roles each of the above players will fulfill (Note: this is not the same as the normal corporate chain of command); and
the various available options to address the breach situation, which will all depend upon the facts at issue—such as the type and extent of the breach and how much of what particular kind of information was lost, stolen or exfiltrated.

Reprinted courtesy of Richard Volack, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Volack may be contacted at rvolack@pecklaw.com Read the court decision
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Wilke Fleury Celebrates the Addition of Two New Partners

February 18, 2019 — Wilke Fleury
Wilke Fleury celebrates the addition of two new partners – Shannon Smith-Crowley and Daniel J. Foster – who complement the firm’s shifting generations of leadership. Shannon and Danny bring unique perspective and excellent capability to Wilke Fleury’s partnership effective January 1, 2019. Shannon has been a registered lobbyist in California for 20 years. After a career in managed care, she started lobbying with the California Medical Association before founding her own firm, Partners In Advocacy to specialize in medical and reproductive health advocacy. At Wilke Fleury, her areas of practice include health care, women’s equity, life sciences, the biomedical industry, new family formation and emerging technologies in green energy. After a four year tenure with the firm, she has been elevated to the partnership. Click here to read more about Shannon Smith-Crowley. Daniel Foster’s litigation practice is composed of matters involving complex construction defect litigation, mechanics liens claims, stop notice actions and Miller Act claims. He represents clients before the Contractors State License Board and handles matters involving breach of warranty, the Song-Beverly Consumer Warranty Act, indemnity agreements and liability insurance coverage. Click here to read more about Daniel J. Foster Read the court decision
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Reprinted courtesy of Wilke Fleury

The Roads to Justice: Building New Bridges

August 23, 2021 — Aileen Cho - Engineering News-Record
Former U.S. Dept. of Transportation Secretary Anthony Foxx grew up on “the wrong side of the tracks.” “My home was a stone’s throw from Interstates 85 and 77,” recalls Foxx, who grew up in Charlotte, N.C., and served as DOT Secretary from 2013-17 under President Barack Obama. “The airport was nearby. Planes flew at low altitude over our house. Whether or not I was using the system, I sure heard and saw a lot of it.” Desirable areas to live were far away from transportation infrastructure, “and the property values of those living near these projects was diminished.” Reprinted courtesy of Aileen Cho, Engineering News-Record Ms. Cho may be contacted at choa@enr.com Read the full story... Read the court decision
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Curtain Wall Suppliers Claim Rival Duplicated Unique System

February 28, 2022 — Annemarie Mannion - Engineering News-Record
Chicago-area construction material suppliers that hold patents for a curtain wall system used in high-rise construction projects are suing a rival, claiming it created a knock-off of the system based on a former employee’s knowledge and put the system to use on construction projects. Reprinted courtesy of Annemarie Mannion, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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Amos Rex – A Museum for the Digital Age

September 10, 2018 — Aarni Heiskanen - AEC Business
In the very heart of Helsinki, a new museum is set to open its doors to showcase the art of the future. Amos Rex is an architectural and artistic gem that seeks to make modern art more accessible for people to experience and enjoy. The construction work for the museum was almost completed when I visited the site in early August. I met with Kai Kartio, an art historian with years of experience as a museum director. Kartio has been involved in the construction of Amos Rex from the beginning. The forerunner of Amos Rex was the Amos Anderson Art Museum, which was run by the Konstsamfundet foundation for 50 years in its founder’s own building nearby. Anderson was a Finnish newspaper tycoon and patron of arts who bequeathed his estate to the foundation. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Biden Administration Focus on Environmental Justice Raises Questions for Industry

March 22, 2021 — Karen C. Bennett, Jane C. Luxton, Rose Quam-Wickham & William J. Walsh - Lewis Brisbois
The Biden Administration has left no doubt that it intends to prioritize environmental justice (EJ) in implementing energy and environmental policy. While EJ is not new – in fact, President Clinton signed the first EJ Executive Order (EO 12898) in 1994 – the new Administration’s plan to expand the concept to include “climate justice” and “health equity” is both novel and undefined. Similar to actions taken on climate change (see our previous alert from January 28), President Biden has announced plans for elevating EJ by designating new Cabinet level offices, intensifying enforcement, and advocating for Congressional action. Given the likelihood of serious impacts from these sweeping changes, industry will need to step up engagement as these concepts are integrated into regulatory decisions and U.S. positions globally. Authority for addressing injustice caused by environmental pollution that disproportionately affects certain communities is found in Title VI of the Civil Rights Act of 1964. The Act imposed a responsibility on the Environmental Protection Agency (EPA or Agency) to ensure that its funds are not being used to subsidize discrimination, based on race, color, or national origin, making EPA’s Office of Civil Rights responsible for the investigation and enforcement of Title VI within the Agency. President Clinton relied on this authority in signing EO 12898, which directed federal agencies to identify and address disproportionately high adverse human health and environmental effects of their programs, policies, and activities on minority and, going beyond the protections covered by Title VI, low-income populations. Reprinted courtesy of Karen C. Bennett, Lewis Brisbois, Jane C. Luxton, Lewis Brisbois, Rose Quam-Wickham, Lewis Brisbois and William J. Walsh, Lewis Brisbois Ms. Bennett may be contacted at Karen.Bennett@lewisbrisbois.com Ms. Luxton may be contacted at Jane.Luxton@lewisbrisbois.com Ms. Quam-Wickham may be contacted at Rose.QuamWickham@lewisbrisbois.com Mr. Walsh may be contacted at William.Walsh@lewisbrisbois.com Read the court decision
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Beyond the Statute: How the Colorado Court Upheld Modified Accrual in Construction Contracts

November 13, 2023 — Hal Baker - Colorado Construction Litigation Blog
In a case of first impression, the First Division of the Colorado Court of Appeals recently reviewed whether parties may contractually alter the accrual time established by Colorado’s statute of limitations for construction defect actions, C.R.S. § 13-80-104, in South Conejos Sch. Dist. RE-10 v. Wold Architects, Inc., 2023 COA 85 (2023), decided on September 21, 2023. The Court held that sophisticated parties may contractually alter the accrual time standards, enlarging the accrual time as was the issue in this case. Notably, the Court’s decision was made in the context of commercial construction, not residential. The issue in South Conejos Sch. Dist. RE-10 arose from the construction of a school in Antonito, Colorado. Prior to construction, the South Conejos School District RE-10 (the “School District”) and Wold Architects, Inc. (“Wold”) entered a contract that provided: Unless a longer period is provided by law, any action against [Wold] brought to recover damages for deficiency in the design, planning, supervision, inspection, construction or observation of construction or for injury to person or property shall be brought within two years after the claim for relief arises and is discovered by [the District]; … “Discovered” as used herein means detection and knowledge by [the District] of the defect in the improvement that ultimately causes the injury, when such defect is of a substantial or significant nature. Read the court decision
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Reprinted courtesy of Hal Baker, Higgins, Hopkins, McLain & Roswell, LLC
Mr. Baker may be contacted at baker@hhmrlaw.com

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