Fairfield Connecticut Building Expert Directory

Jobsite Safety Should Be Every Contractors' Priority

December 09, 2019 — Ray Reese - Construction Executive
Any general contractor understands the range of factors that go into building and sustaining a successful jobsite: hiring the right team, maintaining cutting-edge equipment, ensuring constant communication with clients and effectively leveraging the newest building technologies, just to name a few. But any good general contractor understands that there is one factor that should always be considered as top priority: jobsite safety. The health and wellbeing of a project’s team is paramount for obvious reasons, and it isn’t a lighthearted matter. Injuries and fatalities have too often been a piece of our industry’s story. In 2017 alone, there were 971 reported deaths on construction sites, which accounted for 20% of total worker fatalities, according to a report from the Occupational Safety and Health Administration. Of these 971 fatalities, 582 were the result of construction’s “fatal four”—falls, workers being struck by objects, electrocutions and workers being caught between equipment. For members of the industry, these are difficult numbers to read and to process; yet, it is extremely important to consider the injuries and lives lost when we take into consideration the seriousness of jobsite safety. Often, general contractors’ and superintendents’ greatest challenge isn’t being convinced of the necessity of jobsite safety practices in protecting employees or the value of safety in creating a productive work environment. Instead, the focus should be providing industry leaders tips on exactly how to improve safety measures on their own jobsites. Understanding that safety is everyone’s responsibility is paramount. Reprinted courtesy of Ray Reese, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Reese may be contacted at rreese@rives.com

Resolving Subcontractor Disputes with Pass-Through Claims and Liquidation Agreements

May 13, 2024 — Stephanie Cooksey - Peckar & Abramson, P.C.
Imagine a project where you are unable to reach final completion due to an unresolved subcontractor claim. If the project owner is responsible for the claim, and both the owner and subcontractor are entrenched in their positions, how would you resolve this dispute? The default option is a three-party lawsuit where the subcontractor sues you in your capacity as general contractor. By denying the claim, you bring the owner into the lawsuit as a liable party to the subcontractor’s claim. This option is efficient from the judicial system’s perspective, as it means one lawsuit instead of two. The subcontractor cannot sue the owner since the two have no contract between them. Thus, the subcontractor’s recourse is limited to suing the contractor. In the three-party lawsuit, you argue that if the subcontractor prevails in its claim against you, the owner is liable. If the owner successfully defends against the claim, the subcontractor takes nothing. Putting judicial economy aside, it may not make economic sense for contractors to have a lawyer involved in litigating a case where they have no skin in the game. Fortunately, there is a better option than the three-party lawsuit on multi-party construction projects. Read the court decision
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Reprinted courtesy of Stephanie Cooksey, Peckar & Abramson, P.C.
Ms. Cooksey may be contacted at scooksey@pecklaw.com

When Do You Call Your Lawyer?

October 08, 2014 — Craig Martin – Construction Contractor Advisor
The National Association of Home Builders recently conducted a survey asking its members about the legal issues they faced in the last 12 months and whether they consulted their attorney to deal with the problem. Below are some highlights of the survey. Legal Issue % of Homebuilders % Contacted Counsel Warranty/call back claims 34% 51% Contract disputes 22% 84% Defective Install/Workmanship 20% 83% OSHA Issues 13% 33% CGL Coverage Questions 11% 73% Construction Liens 10% 57% Read the court decision
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Reprinted courtesy of Craig Martin, Lamson Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

Architect Sues over Bidding Procedure

November 13, 2013 — CDJ STAFF
The city of Louisville, Ohio is being sued by an architect who claims that city officials split projects into parts in order to circumvent state laws on public bidding. Rodney Meadows, the architect who filed the suit, also claims he is not motivated by any interest in working for the city. “I wouldn’t want to work with them,” he said. Nor is he seeking damages in the suit. The project at contention is Louisville’s renovations of an existing building for the Police Department. The city has spent $328,692 on the renovations, but state law says that projects costing more than $25,000 or $50,000 (depending on other matters) must be put out for public bidding. But city officials contend they haven’t broken the law. “A significant amount of work was done by our own people,” said E. Thomas Ault, the Louisville city manager. Read the court decision
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Brown Orders Mandatory Water Curbs for California Drought

April 01, 2015 — Michael B. Marois – Bloomberg
Governor Jerry Brown ordered California’s first mandatory water restrictions as the drought gripping the state enters a fourth year. Brown issued an executive order seeking a mandatory 25 percent reduction in use and a requirement that new homes feature water-efficient irrigation if the builder plans to use potable water for landscaping. He also called for 50 million square feet of lawns to be replaced with drought-tolerant landscaping and required campuses, golf courses and cemeteries to cut back on water. Read the court decision
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Reprinted courtesy of Michael B. Marois, Bloomberg
Mr. Marois may be contacted at mmarois@bloomberg.net

Five-Year Peak for Available Construction Jobs

December 11, 2013 — CDJ STAFF
There are more job openings in construction now than there have been since 2008. The October jobs report from the Bureau of Labor Statistics reported 124,000 job openings in construction. With the demand for workers, some builders have experienced labor shortages, according to the National Association of Home Builders. The NAHB expects the trend to continue into 2014, “if firms can find workers with the right skills.” Read the court decision
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Bad News for Buyers: U.S. Mortgage Rates Hit Highest Since 2014

February 22, 2018 — Prashant Gopal – Bloomberg
Shanne Sleder, a San Diego mortgage banker, recently had to break the bad news to some would-be homebuyers: Borrowing costs jumped about 6 percent since he pre-approved them a couple months ago. Read the court decision
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Reprinted courtesy of Prashant Gopal, Bloomberg

BWB&O’s Motion for Summary Judgment is Granted in a Premises Liability Matter

November 05, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to Newport Beach Partner Courtney Serrato and Associate Joseph Real on Prevailing on a Motion for Summary Judgment for their Client! Plaintiff filed a lawsuit alleging negligence and premises liability against BWB&O’s client, a general contractor of a multi-level construction project. Plaintiff was injured after a fall at the construction project and filed suit against BWB&O’s client and another subcontractor. Plaintiff alleged BWB&O’s client was negligent and was responsible for causing Plaintiff’s fall. BWB&O filed a Motion for Summary Judgment arguing under the Privette Doctrine and its progeny, it neither owed nor breached any duty to Plaintiff and that no exception to the doctrine applied. Under the Privette Doctrine, when a person or entity hires an independent contractor to provide work or services, and one of the contractor’s employees is injured on the job, the hirer is generally not liable to the employee. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

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