Fairfield Connecticut Building Expert Directory

Traub Lieberman Attorneys Recognized in the 2023 Edition of The Best Lawyers in America®

September 19, 2022 — Traub Lieberman
Traub Lieberman is pleased to announce that five Partners have been selected by their peers for inclusion in the 2023 edition of The Best Lawyers in America®. In addition, four attorneys have been included in the 2023 Best Lawyers®: Ones to Watch list. These recognitions include attorneys from the firm’s Hawthorne, NY; Chicago, IL; Palm Beach Gardens, FL; and St. Petersburg, FL offices. 2023 Best Lawyers® Hawthorne, NY

Lisa L. Shrewsberry – Commercial Litigation

Chicago, IL

Brian C. Bassett – Insurance Law

Palm Beach Gardens, FL

Rina Clemens – Personal Injury Litigation – Defendants

St. Petersburg, FL

Scot E. Samis – Appellate Practice
Lauren S. Curtis – Insurance Law

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Reprinted courtesy of Traub Lieberman

Mandatory Arbitration Isn’t All Bad, if. . .

August 13, 2019 — Christopher G. Hill - Construction Law Musings
In the past week or so mandatory arbitration has been all the rage. From those that argue that arbitration is becoming more burdensome than litigation, to my friend and fellow construction attorney Scott Wolfe who gives great advice on how to make arbitration worth it again. You can place me in the camp of those that think that mandatory arbitration clauses of the type typically found in contracts can add a layer of expense that can be unnecessary. However, if an arbitration clause is carefully drafted, and properly used, these clauses an be helpful in assuring that the streamlining effect for which arbitration was created actually occurs. Because the contract is king in Virginia, these provisions can essentially create the rule of civil procedure used to resolve any dispute relating to the project. Anything from the number and method of appointing the arbitrators, to the ability to use attorneys, to the time between notice and arbitration hearing and whether mediation is a requirement, to the documents and other pre-arbitration exchanges can and should be specifically outlined. The construction contract can also state who decides between court or arbitration. This can be one party or both. The possibilities are almost endless. 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

Indemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds

June 15, 2017 — Garret Murai - California Construction Law Blog
Indemnity provisions are one of the most fought over provisions in design and construction contracts. But while parties generally understand the intent behind indemnity provisions — that one party (the “indemnitor”) agrees to indemnify (and often defend as well) another party (the “indemnitee”) from and against claims that may arise on a project — few understand how they are actually applied. In a recent Court of Appeals decision, Oltmans Construction Company v. Bayside Interiors, Inc. (March 30, 2017), Case No. A147313, the California Court of Appeals for the First District examined an indemnity provision and its “except to the extent of” provision whereby a subcontractor agreed to indemnify (and defend) a general contractor from claims arising on a project “except to the extent of” the general contractor’s active negligence or willful misconduct and whether such language either: (1) bars a general contractor from seeking indemnity where the general contractor was actively negligent; or (2) simply bars a general contractor from seeking indemnity where the general contractor was actively and solely negligent, thereby, requiring a subcontractor to indemnify the general contractor where the negligence of another party may have also contributed to the injury or damage. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Daily Reports – The Swiss Army Knife of Project Documentation

June 08, 2020 — Christopher A. Henry - ConsensusDocs
Project “Daily Reports” are some of the most important, yet overlooked aspects of a construction project. These reports serve many beneficial roles such as holding parties accountable to their obligations, providing the basis for an as-built schedule, recording manpower, documenting site conditions, and recording any other important and relevant information that happened on the job site that day. Daily reports can also provide information to help with claims or disputes that may arise in the future, such as noting weather delays, providing backup for future delay claims, and providing information to dispute claims made against your company. Finally, daily reports also serve as a useful communication tool during the project and a source of real time information for parties that want to know how the work is commencing on a day to day basis. Because daily reports are the “Swiss army knife” of project documentation, it is extremely important that a contractor puts for its best effort when creating them. It is no secret that a construction project can become more chaotic as the schedule progresses. Unfortunately, when that is the case, the effort put into creating these reports drops off and sometimes the responsibility of creating such reports is thrown aside altogether. I can speak from experience. Prior to entering the practice of law, I was a project engineer for a general contractor in Atlanta. As an engineer in the field, one of my many responsibilities was to enter the daily reports. Based off this experience, below are some thoughts on how to prepare useful daily reports. 1. Check the contract. The contract you entered may set forth specific requirements for the daily reports, such as where to file them, the required format, and specific information that must be included. Complying with contractual requirements is necessary for a successful project. One word of caution for subcontractors, a subcontract will often incorporate the prime contract. If that is the case, be sure to check the prime contract for any specific language relating to daily reports. Read the court decision
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Reprinted courtesy of Christopher A. Henry, Jones Walker LLP
Mr. Henry may be contacted at chenry@joneswalker.com

Quick Note: Discretion in Determining Prevailing Party for Purposes of Attorney’s Fees

January 25, 2021 — David Adelstein - Florida Construction Legal Updates
In prior articles I have discussed that courts apply the significant issues test to determine the prevailing party for purposes of being entitled to attorney’s fees. A party that recovers an affirmative judgement is NOT the de facto prevailing party for purposes of an entitlement to attorney’s fees in a breach of contract action (or a construction lien foreclosure action). This was the issue in a recent appeal discussed here where the party that recovered an affirmative judgment on a breach of contract case was not deemed the prevailing party for purposes of attorney’s fees. While the party prevailed on one of its claims, it did not prevail on others, and it recovered less than half of the damages it originally sought. The appellate court, affirming the trial court, held that the trial court has discretion to determine that the party that recovered an affirmative judgement was not the prevailing party entitled to its attorney’s fees under the signifiant issues test. This was not what the party was expecting when the attorney’s fees it expended far exceeded the judgment it recovered. 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

Nine ACS Lawyers Recognized by Best Lawyers®

September 02, 2024 — Ahlers Cressman & Sleight PLLC
Departing from our blog’s typical coverage of construction related issues, Ahlers Cressman & Sleight PLLC is proud to announce that nine members of our firm have been recognized by Best Lawyers® in 2025 in America. Recognition by Best Lawyers® is based entirely on peer review and is designed to reflect the consensus opinion of leading lawyers about the professional abilities of their colleagues. Lawyers can be nominated by clients and other lawyers. After nomination, ballots are generated and distributed to lawyers. Voters are asked how likely they would be to refer a case to the nominee and to give a rating and additional comments. Ballots are designed based on the voter’s practice area and geographic region. After feedback is analyzed, Best Lawyers® research staff ensures nominees are in good standing with the ethics committee of their state bar and selects lawyers for recognition. Read the court decision
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Reprinted courtesy of Ahlers Cressman & Sleight PLLC

Hunton Andrews Kurth’s Insurance Recovery Practice, Andrea DeField and Cary D. Steklof, Recognized as Legal Elite

August 16, 2021 — Casey L. Coffey - Hunton Andrews Kurth
We are proud to share that Hunton Andrews Kurth insurance coverage Partner Andrea (Andi) DeField and Counsel Cary D. Steklof were recently recognized as 2021 Legal Elite Up & Comers in Florida Trend magazine. Florida Trend invited all in-state members of the Florida Bar to name attorneys whom they highly regard or would recommend to others. Only the top 111 attorneys were recognized for their leadership in the legal field and in the community. Andi and Cary are both well deserving of this honor and the award reflects their dedication to providing excellent legal services.Andi finds risk management, risk transfer, and insurance recovery solutions for public and private companies. She represents policyholders in a variety of insurance coverage disputes including those arising out of data breaches, ransomware attacks, construction defect and wrongful death suits, hurricanes, mergers and acquisitions, regulatory investigations, class actions, shareholder derivative suits, and COVID-19. Cary represents individual, corporate and municipal policyholders in all types of first- and third-party insurance coverage and bad faith disputes. With experience in the areas of insurance litigation, insurer bad faith and unfair insurance practices, he concentrates his practice on advising policyholders in connection with director and officer, error and omission, cyber, commercial general liability, and commercial property insurance policies. Read the court decision
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Reprinted courtesy of Casey L. Coffey, Hunton Andrews Kurth
Ms. Coffey may be contacted at ccoffey@HuntonAK.com

Client Alert: Catch Me If You Can – Giorgio Is No Gingerbread Man

November 26, 2014 — Steven M. Cvitanovic, Jesse M. Sullivan, & Colin T. Murphy - Haight Brown & Bonesteel LLP
In Giorgio v. Synergy Management Group, LLC (2014) Case No. B248752, a California Court of Appeal held in an opinion published on November 6, 2014, that the Los Angeles County trial court did not abuse its discretion in permitting service by publication on Defendant John Giorgio ("Giorgio") after numerous attempts to find his current address produced a single address in Los Angeles from which mailed service was returned. The Court ruled that publication in a Los Angeles newspaper was proper because Plaintiff had a reasonable belief that service by publication in that county was most likely to give actual notice to the party to be served.” In this intentional tort action, Synergy Management Group, LLC ("Synergy") alleged in its Complaint that Giorgio converted assets of Synergy's assignor by submitting false expense reports which resulted in the misappropriation of the assignor's assets. Synergy personally served Giorgio with the original Complaint at a North Carolina airport and Giorgio failed to respond. Synergy subsequently filed a First Amended Complaint and attempted service via an address in the Netherlands. Again, Giorgio did not respond. Synergy then filed a request for entry of default against Giorgio which was entered that day. Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys Steven M. Cvitanovic, Jesse M. Sullivan and Colin T. Murphy Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com; Mr. Sullivan may be contacted at jsullivan@hbblaw.com; and Mr. Murphy may be contacted at cmurphy@hbblaw.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES