Fairfield Connecticut Building Expert Directory

Suit Limitation Provision Upheld

March 04, 2019 — Tred R. Eyerly - Insurance Law Hawaii
The policy's one year suit limitation provision was upheld, depriving insureds of benefits under the policy. Oswald v. South Central Mut. Ins. Co., 2018 Minn. App. Unpub. LEXIS 1077 (Dec. 24, 2018). The Oswalds' hog barn burned down on June 21, 2016. Arson was a possible cause. The Oswalds were insured under a combination policy issued by North Star Mutual Insurance Company and South Central Mutual Insurance Company. Central provided coverage for basic perils, broad perils, and limited perils, which included fire losses. The Central policy required property claims to be brought within one year after the loss. By endorsement, the North Star policy required suits be brought within two years after the loss. Presumably, the claims was denied, although the decision does not state this. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Prison Contractors Did Not Follow the Law

October 15, 2013 — CDJ STAFF
Under Iowa law, nearly ninety-percent of the construction workers for the new state prison in Fort Madison should have been Iowa residents. But according to reports obtained by the Des Moines Register, about fifty percent of the workers were from other states. The law responds to a similar one in Illinois that requires that most workers on public projects must be Illinois residents. Many of the out-of-state employees live on the other side of the Mississippi River and, according to Ryan Drew of the Southeast Iowa Building and Construction Trades Council, are part of a broader Illinois-Iowa community, shopping at Iowa retailers. Read the court decision
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Foreclosures Decreased Nationally in September

October 29, 2014 — Beverley BevenFlorez-CDJ STAFF
According to the San Diego Source, in “September 2014, there were 46,000 completed foreclosures nationally, down from 68,000 in September 2013, a year-over-year decrease of 32.6 percent and down 61 percent from the peak of completed foreclosures in 2010, according to the September National Foreclosure Report of CoreLogic.” Between 2000 and 2006, “completed foreclosures averaged 21,000 per month nationwide.” Furthermore, the San Diego Source reported that “[s]ince the financial crisis began in September 2008, there have been approximately 5.2 million completed foreclosures across the country, and since homeownership rates peaked in Q2 of 2004, there have been approximately 7 million homes lost to foreclosure.” Read the court decision
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Condo Building Increasing in Washington D.C.

November 05, 2014 — Beverley BevenFlorez-CDJ STAFF
Builder reported that in Washington D.C., "the condo pipeline has increased for the first time since 2005, according to Alexandria, Va.,-based research firm Delta Associates." Supply has grown with "3,100 units either being marketed or sold in around the nation's capital." Furthermore, "condo prices have jumped 12 percent year over year." “The size of the projects are smaller than they were in the last boom cycle,” William Rich, senior vice president and multifamily practice director at Delta, told Builder. Read the court decision
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AAA Revises its Construction Industry Arbitration Rules and Mediation Procedures

April 02, 2024 — Garret Murai - California Construction Law Blog
This one is for the lawyers. Or for those of you who are claims-minded . . . Effective March 1, 2024, the American Arbitration Association (“AAA”) revised its Construction Industry Arbitration Rules and Mediation Procedures. For those involved in construction, this is important since the AAA Rules are the default arbitration rules contained in AIA form contracts and are often the arbitration rules referenced in other construction contracts as well. So, what are the changes?

General: Fax numbers have gone the way of the Dodo bird and replaced by email addresses for all parties. Also, while already done in practice, preliminary hearings may now be held via videoconference in addition to telephone and in-person (Rule R-23).

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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Manhattan Home Sales Rise at Slower Pace as Prices Jump

July 02, 2014 — Prashant Gopal – Bloomberg
Manhattan apartment sales rose at the slowest pace in more than a year, indicating a surge in demand is easing as prices jump and inventory climbs from record lows. Purchases of co-ops and condominiums increased 6.3 percent in the second quarter from a year earlier, the smallest gain since the start of 2013, according to a report today from appraiser Miller Samuel Inc. and brokerage Douglas Elliman Real Estate. The median price rose 5.2 percent to $910,000, and the average price per square foot surged 10 percent to $1,268. Higher prices are encouraging more sellers to list properties and softening competition among buyers. The market is taking a “breather” after sales rose by an average of 28 percent in each of the previous four quarters, said Jonathan Miller, president of New York-based Miller Samuel. Read the court decision
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Reprinted courtesy of Prashant Gopal, Bloomberg
Mr. Gopal may be contacted at pgopal2@bloomberg.net

Harborside Condo Construction Defect Settlement Moves Forward

July 09, 2014 — Beverley BevenFlorez-CDJ STAFF
The Harborside Condominium Owners Association in Bremerton, Washington, “has an agreement to pursue $2.8 million in settlement costs for construction defects,” according to the Kitsap Peninsula Business Journal. Back in March of 2013, the association “filed a list of defects in its lawsuit against Kitsap County Consolidated Housing Authority [Housing Kitsap]” including water issues, drywall and foundation cracks, uneven cabinets, leaking showers and pipes, as well as other issues. Housing Kitsap agreed that the association “has the right to pursue a settlement of $2.8 million from the authority’s contractors and insurance companies.” Marlyn Hawkins, the association’s attorney, stated that they have already received a payment for $840,000 from the insurance company “and will be negotiating or filing suit for the rest of the $2.8 million.” Read the court decision
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Insurer's Quote on Coverage for Theft by Hacker Creates Issue of Fact

December 16, 2019 — Tred R. Eyerly - Insurance Law Hawaii
The appellate court found that the insurer's quote created an issue of fact on whether loss caused by a computer hacker would be covered. Metal Pro Roofing, LLC v. Cincinnati Ins. Co., 2019 Ind. App. LEXIS 355 (Ind. Ct. App. Aug. 9, 2019). The insureds, Metal Pro Roofing, LLC and Cornett Restoration, LLC ("LLC's") discovered that their bank accounts had been hacked and over $78,000 stolen. They submitted claims to their insurer, Cincinnati. Coverage was denied, and the LLCs filed suit. Cross-motions for summary judgment were filed, and the court granted summary judgment to Cincinnati. The "Forgery or Alternation" coverage applied to losses resulting directly from the "'forgery' or alteration of checks, drafts, promissory notes, or similar written promises, order or directions to pay a sum of money." "Forgery" was defined as "the signing of the name of another person or organization with the intent to deceive." The LLCs did not cite any evidence that the hacker "signed" anything, let alone that they signed "the name of another person or organization." Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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