Fairfield Connecticut Building Expert Directory

Deductibles Limited to Number of Suits Filed Against Insured, Not Number of Actual Plaintiffs

December 08, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The court limited the number of deductibles to the counterclaims filed against the insured, not the more than 600 plaintiffs who were parties to the three underlying lawsuits. Probuilders Spec. Ins. Co. v. Yarbrough Plastering, 2016 U.S. Dist. LEXIS 134959 (E.D. Calif. Sept. 29, 2016). Yarbrough entered into contracts with Lenox Homes to provide stucco and drywall services in the homes Lenox would build. Each contract required Yarbrough to indemnify Lenox for any claims resulting from property damage arising out of the performance of the contract. 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

Keep Your Construction Claims Alive in Crazy Economic Times

May 25, 2020 — Christopher G. Hill - Construction Law Musings
Coronavirus is dominating the news. Construction in Virginia is facing what is at best an uncertain future and at worst a series of large scale shutdowns due to COVID-19. The number of cases seem to grow almost exponentially on a daily basis while states and the federal government try and patch together a solution. All of this adds up to the possibility that owners and other construction related businesses could shutter and importantly payment streams can slow or dry up. Aside from keeping your contractual terms in mind and meeting the notice deadlines found in your contract, these uncertain economic times require you to be aware of the claims process. Along with whatever claims process is set out in the contract and your run of the mill breach of contract through non-payment type claims, in times like this payment bond and mechanic’s lien claims are a key way to protect your payment interest. The law has differing requirements for each of these unique types of payment claims. Mechanic’s liens are technical and statute based with very picky requirements. The form and content of a memorandum of lien will be strictly read and in most cases form will trump substance. Further, among other requirements best discussed with a Virginia construction lawyer, you must keep in mind two numbers, 90 and 150. The 90 days is the amount of time that you have in which to record a lien. This deadline is generally calculated from the last date of work (or possibly the last day of the last month in which you did work). File after this deadline and your lien will be invalid because the right to record a lien has expired. The 150 days is a look back from the last day of work or the date of lien filing, whichever is sooner in time. The 150 days applies to the work that can be captured in the lien. In other words, it dictates the amount of the lien. 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

Terminator’s Trench Rehab Drives L.A. Land Prices Crazy

June 26, 2014 — John Gittelsohn and Alan Ohnsman – Bloomberg
Ben Stapleton frames the shot with his hands like a movie director, sharing his vision of a junkyard he’s trying to sell for $3.5 million. He sees artist workspaces, retail shops and apartments with Los Angeles skyline views, steps from a riverfront oasis. Right now the river of his dreams is the concrete flood channel where an 18-wheeler chased Arnold Schwarzenegger on a Harley in “Terminator 2: Judgment Day,” one of the movies that used the 200-foot-wide (60-meter) ditch to depict industrial bleakness. A U.S. Army Corps of Engineers plan to return the Los Angeles River to a more natural state would cost $1 billion and has speculators circling even before the funding’s in place. “The private money is already moving,” said Stapleton, a vice president at commercial real-estate brokerage Jones Lang LaSalle Inc. (JLL) “They’re looking for opportunities. It’s the private money that’s going to make the vision happen.” Mr. Gittelsohn may be contacted at johngitt@bloomberg.net; Mr. Ohnsman may be contacted at aohnsman@bloomberg.net Read the court decision
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Reprinted courtesy of John Gittelsohn and Alan Ohnsman, Bloomberg

Engineer TRC Fends Off Lawsuits After Merger

August 17, 2017 — Scott Van Voorhis - Engineering News-Record
In the wake of its merger with an investment fund, TRC Cos. has been busy swatting away pesky shareholder lawsuits driven by law firms who specialize in such litigation. Read the court decision
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Reprinted courtesy of Scott Van Voorhis, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Kahana Feld Receives 2024 OCCDL Top Legal Organizations for DEI Award

September 30, 2024 — Linda Carter - Kahana Feld
IRVINE, CA – Sep. 12, 2024 – Kahana Feld is pleased to announce that the firm received the 2024 Top Legal Organizations for DEI Award from the Orange County Coalition for Diversity in the Law (OCCDL). The firm will be recognized at an awards gala at The Westin South Coast Plaza on October 3. Each year, the OCCDL recognizes individuals and organizations who have advanced diversity, equity, and inclusion in the Orange County legal community, whether through their excellence in the law or their direct efforts to promote DEI. Kahana Feld was recognized for programs such as its DEI book club and its regular webinars on topics like implicit bias. The firm supports various DEI organizations and initiatives in the Orange County area, including the Orange County Asian American Bar Association, the Orange County Women Lawyers Association, and the Jewish Federation of Orange County. The OCCDL is a collaborative effort of professionals from leading Orange County law firms and other community partners promoting the advancement of diverse attorneys in Orange County. The OCCDL partners with local schools and organizations to increase community involvement and provides education focused on diversity to students and attorneys. Read the court decision
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Reprinted courtesy of Linda Carter, Kahana Feld
Ms. Carter may be contacted at lcarter@kahanafeld.com

Colorado Senate Revives Construction Defects Reform Bill

March 01, 2017 — Beverley BevenFlorez-CDJ STAFF
A re-booted construction defects reform bill recently passed its first Senate committee, according to the Denver Business Journal. Next, Senate Bill 156, sponsored by Sen. Owen Hill, R-Colorado Springs, heads to the Senate floor for debate. SB 156 “would require that condominium owners alleging construction defects take their disputes to arbitration or mediation if requested by builders,” the Denver Business Journal reported. “It also would require that homeowners be informed of the consequences of filing legal actions over purported disputes and that a majority of all owners in a condominium complex vote to proceed with legal action, rather than just a majority of homeowners association board members.” However, it is almost identical to the failed measures that were introduced in 2014 and 2015. Homeowners association group members and owners of defective condominiums argued against the measure, stating “that the effort would not improve the quality of building in the state, but simply would block aggrieved Coloradans from taking their complaints before a jury of their peers.” Proponent of the bill, Tom Clark, CEO of Metro Denver Economic Development Corp., said “that Denver’s housing costs have risen since the first bill was introduced in 2013 to the sixth-most-expensive in the country – and are tops for any metro area not on a coast.” Read the court decision
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Pennsylvania Supreme Court Dismisses Appeal of Attorney Fee Award Under the Contractor and Subcontractor Payment Act

February 16, 2016 — William J. Taylor – White and Williams LLP
In late December, the Supreme Court of Pennsylvania dismissed, as improvidently granted, the appeal in Waller Corporation v. Warren Plaza, Inc., No. 6 WAP 2015 (December 21, 2015). As a result, the Superior Court’s holding in that case that there is no good faith exception to the attorney fee provision of the Pennsylvania Contractor and Subcontractor Payment Act (CASPA), 73 P.S. §§ 501-516, remains intact. In its decision in Waller, 95 A.3d 313 (Pa. Super. 2014), the Superior Court considered if there was a “good faith” exception to the interest and penalties provision of CASPA, 73 P.S. § 512(a), and whether there was a similar good faith exception to the attorney fee provision of the statute, 73 P.S. § 512(b). The court held that while an award of interest and penalties under § 512(a) could be denied if a party had a good faith basis for withholding payments due under a construction contract, no such exception exists for an award of attorney fees under § 512(b). Rather, an award of attorney fees is appropriate for the “substantially prevailing party” under a CASPA claim, and a claimant can be the substantially prevailing party even if the other party withheld payments in good faith. Read the court decision
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Reprinted courtesy of William J. Taylor, White and Williams LLP
Mr. Taylor may be contacted at taylorw@whiteandwilliams.com

DE Confirms Robust D&O Protection Despite Company Demise

February 18, 2015 — James Yoder, Michael Onufrak and Siobhan Cole – White and Williams LLP
On Feb. 5, 2015, the United States Bankruptcy Court for the District of Delaware, per Judge Brendan L. Shannon, entered proposed findings of fact and conclusions of law in favor of the former president and CEO of Ultimate Escapes Inc., James M. Tousignant, and its chairman, Richard Keith, after determining that Tousignant’s actions in negotiating and executing a controversial asset purchase agreement were protected by the business judgment rule, despite the demise of the company a short time later. The failure of a business strategy, in and of itself, does not create liability on the part of the former directors and officers of a bankrupt company. Background Ultimate Escapes was a luxury destination club that provided its members with access to high-end vacation residences around the world. Unfortunately, Ultimate Escapes’ business suffered greatly from the economic downturn that began in 2008, and on Sept. 20, 2010, Ultimate Escapes filed voluntary petitions for relief pursuant to Chapter 11 of the Bankruptcy Code. Reprinted courtesy of White and Williams LLP attorneys James Yoder, Michael Onufrak and Siobhan Cole Mr. Yoder may be contacted at yoderj@whiteandwilliams.com Mr. Onufrak may be contacted at onufrakm@whiteandwilliams.com Ms. Cole may be contacted at coles@whiteandwilliams.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES