FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

When is Construction Put to Its “Intended Use”?

July 31, 2013 — Brady Iandiorio, Higgins, Hopkins, McLain & Roswell, LLC
Defining words and phrases in the law can be a tricky proposition. In everyday life one would presume to know what the phrase “intended use” would mean, but when it comes to litigation, oftentimes the definitions become much more nuanced. On March 12, 2013, in the Bituminous Cas. Corp. v. Hartford Cas. Ins. Co. v. Canal Ins. Co., WL 950800 (D. Colo. 2013) case, Senior District Court Judge Wiley Y. Daniel denied Third-Party Defendant Canal Insurance Company’s (“Canal”) motion to dismiss Third-Party Plaintiff Hartford Casualty Insurance Company’s (“Hartford”) third-party complaint. The case arose out of a liability insurance coverage dispute related to an underlying construction defect lawsuit. In the construction defect suit, a plaintiff homeowner’s association brought a suit against a developer and a general contractor (“GC”) among others. While the underlying action was settled, a dispute remained between Bituminous Casualty Corporation, which insured the GC, and Hartford, which insured the developer. Hartford asserted third-party claims against Canal seeking a declaration of Canal’s obligations and contribution in the event Hartford owed any defense or indemnity obligations to the GC. Hartford’s claims are based on the premise that Canal owed a duty to defend and/or indemnify the GC in the underlying action. Read the court decision
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Reprinted courtesy of Brady Iandiorio
Brady Iandiorio can be contacted at Iandiorio@hhmrlaw.com

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California Posts Nation’s Largest Gain in Construction Jobs

March 28, 2012 — CDJ STAFF

California added about 8,900 construction jobs in January, 2012, as compared to December, 2011, leading the nation in the number of added construction jobs. Thirty-four other states also saw added construction jobs. A year prior, only twenty-eight states added construction jobs. The Associated General Contractors of America analyzed the monthly report from the Labor Department. Ken Simonson, the chief economist for the Associated General Contractors of America noted that “the gains this January partly reflect very mild weather this winter and exceptionally cold and snowy conditions a year before.”

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Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals

October 28, 2015 — Garret Murai – California Construction Law Blog
It’s a tactic as old as war itself. You can often gain a strategic advantage by selecting the location of battle. The same is true in litigation. But as the next case illustrates, when it comes to disputes between contractors (and design professionals), it isn’t always the combatants who dictate where the battle will be fought. Vita Planning and Landscape Architecture, Inc. v. HKS Architects, Inc. In Vita Planning and Landscape Architecture, Inc. v. HKS Architects, Inc., Case No. A141010, California Court of Appeals for the First District (September 25, 2015), Texas architecture firm HKS Architects, Inc. (“HKS”) was hired to provide architectural services. HKS’ design service agreement included a Texas forum selection clause which provided:

As a condition precedent to the institution of any action [or] lawsuit all disputes shall be submitted to mediation” and “[a]ll claim , disputes, and other matters in question between the parties arising out of or related to the Agreement . . . be resolved by the . . . courts in . . . Texas.”

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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

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COVID-19 Response: Recent Executive Orders Present Opportunities for Businesses Seeking Regulatory and Enforcement Relief and Expedited Project Development

June 15, 2020 — Karen C. Bennett, Jane C. Luxton & Amanda L. Tharpe - Lewis Brisbois
Washington, D.C. (June 8, 2020) - Two recent Executive Orders (EO) aimed at promoting economic recovery from the COVID-19 crisis offer regulatory and enforcement relief and encourage agencies to expedite infrastructure project approvals. The May 19, 2020 EO 13924, “Regulatory Relief to Support Economic Recovery,” directs agencies to determine whether previous regulatory reforms would promote economic recovery if made permanent and encourages compliance assistance through exercising enforcement discretion, including declining enforcement. And the June 4, 2020 EO 13927, “Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities,” aims to speed up the permitting process for infrastructure projects to strengthen the national economy. As businesses look to move forward and recover from the COVID-19 pandemic, they should closely review these EOs for opportunities to take advantage of streamlined treatment and faster project approvals. EO 13294 supplements the Administration’s efforts to address the economic crisis brought on by the COVID-19 pandemic by encouraging federal agencies to rescind, modify, waive, or provide exemptions from federal regulations that may inhibit economic recovery and to provide guidance to businesses, particularly small businesses, on what is required of them under federal law for reopening. Specifically, the EO directs agency heads to identify regulatory standards that may inhibit economic recovery and consider rescinding or waiving those regulations, exempting regulated entities from compliance, exercising enforcement discretion, or extending regulatory compliance and enforcement deadlines. It also allows for compliance assistance through accelerated regulatory procedures to receive a pre-enforcement ruling and directs agencies to assess previous regulatory reforms to determine whether making them permanent would promote economic recovery. Since taking office, the Trump Administration has made regulatory reform a cornerstone of its agenda. This Executive Order is a continuation of the aggressive steps taken by the Administration to reduce the regulatory burden faced by American businesses that many argue increases operating costs, inhibits job creation, and stifles economic growth. Reprinted courtesy of Lewis Brisbois attorneys Karen C. Bennett, Jane C. Luxton and Amanda L. Tharpe Ms. Bennett may be contacted at Karen.Bennett@lewisbrisbois.com Ms. Luxton may be contacted at Jane.Luxton@lewisbrisbois.com Ms. Tharpe may be contacted at Amanda.Tharpe@lewisbrisbois.com Read the court decision
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What is the Implied Warranty of Habitability?

October 02, 2018 — Bremer Whyte Brown & O’Meara
The implied warranty of habitability plays an important role in our understanding of the relationship between tenant and landlord; it helps to define the parameters and requirements of contracts between tenant and the owner. In doing so, the implied warranty of habitability is meant to ensure that a home or rental unit is in a livable condition. In this article, we’ll take a look at what the warranty of habitability is, how it developed, and what differentiates the warranty of habitability from the previous landlord-tenant law. Background of the Implied Warranty of Habitability When someone hears about the warranty of habitability, their first question is usually “what is the implied warranty of habitability?” This is understandable, given that the implied warranty of habitability isn’t exactly well known. Most renters have probably never heard of the implied warranty of habitability, despite the fact that it provides important safeguards for tenant’s rights. In order to gain a better understanding of what the implied warranty of habitability is, it is helpful to understand what state of affairs existed prior to the adoption of an implied warranty of habitability. Read the court decision
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Reprinted courtesy of Bremer Whyte Brown & O’Meara

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Firm Claims Construction Defects in Hawaiian Homes

December 04, 2013 — CDJ STAFF
The Los Angeles law firm Girardi Keese has filed a lawsuit representing 10,000 homeowners in Hawaii. The class action suit claims that construction defects have left the homes unable to withstand the island’s winds. Graham B. LippSmith, who represents the homeowners said that “we’re seeing some homes where the straps have cracked all the way through, so there’s nothing holding the frame to the foundation.” Mr. LippSmith said that the developer should have used anchor bolts instead of hurricane straps, but “that would have cost more money.” Mr. LippSmith says that his goal is to get the homes fixed. “It doesn’t do any good to give someone $50,000 and tell them go have their home fixed when what the community needs is to be made safe for the residents.” Read the court decision
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Fires, Hurricanes, Dangerous Heat: The US Is Reeling From a String of Disasters

August 22, 2023 — Will Wade & Brian K Sullivan - Bloomberg
From deadly wildfires to floods, the US is reeling from several natural disasters in quick succession — and more are likely on the way. Torrential rains from the remnants of Hurricane Hilary are inundating parts of California. Two tropical storms, one post-tropical cyclone and two potential storms are lined up in the Atlantic Ocean. Almost 100 wildfires are burning across 15 states as officials in Hawaii investigate the deadliest US blaze in more than a century. And record heat will test Midwest power grids this week. All of this, all at once, is a lot — and it’s not just bad luck. Climate change has triggered heat waves around the world, leading to ideal fire conditions in forests across the Northwest and Canada. It’s also boosting Atlantic water temperatures, which can intensify storms as the peak of hurricane season approaches. And unusually warm Pacific Ocean waters fueled Hilary, which in turn will contribute to scorching heat in the Midwest. Read the court decision
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Reprinted courtesy of Bloomberg

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Connecticut Court Finds Anti-Concurrent Causation Clause Enforceable

March 19, 2015 — Tred R. Eyerly – Insurance Law Hawaii
Canvassing both case law and scholarly authority, the court determined that the anti-concurrent cause (ACC) provision barred coverage for loss caused by Tropical Storm Irene. Lombardi v. Universal N. Am Ins. Co., 2015 Conn. Super. LEXIS 138 (Conn. Super. Ct. Jan. 21, 2015). Tropical Storm Irene caused the insured's home to shift and move from its concrete pier foundation. The house later had to be demolished. The insurer's expert concluded that the house was removed from the foundation by storm surge and not by wind. The damage caused by wind was limited to 24 feet of trim missing from the roof and about 70 square feet of shingles that were blown away. The insured's expert concluded the house was removed from its foundation due to a combination of wind and water forces. The insured's expert reported that "the water wave action most probably caused most damage to the dwelling support pilings, with wind conditions contributing to the wave action." 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

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