Fairfield Connecticut Building Expert Directory

Resolving Condominium Construction Defect Warranty Claims in Maryland

September 04, 2018 — Nicholas D. Cowie - Maryland Condo Construction Defect Blog
A Guide for Maryland Condominium Associations Newly constructed and newly converted condominiums in Maryland often contain concealed or “latent” construction defects. Left undetected and unrepaired, latent defects stemming from the original construction of a condominium can cause extensive damage over time, requiring associations to assess their members for unanticipated repair costs that could have been avoided by making timely developer warranty claims. This article provides a general overview of how Maryland condominium associations transitioning from developer control can proactively identify and resolve construction defect claims with condominium developers and builders before warranty and other legal rights expire. This proactive approach typically results in an amicable resolution without the need for litigation. Read the court decision
Read the full story...
Reprinted courtesy of Nicholas D. Cowie, Cowie & Mott
Mr. Cowie may be contacted at ndc@cowiemott.com

I’m Sorry, So Sorry: Legal Implications of Apologies and Admissions of Fault for Delaware Healthcare Professionals

March 12, 2015 — John D. Balaguer and Christine Kane – White and Williams LLP
In July 1960, Brenda Lee had the number one hit song in America. The 15-year-old singer belted her heart out as she expressed her apologies singing: I'm sorry, so sorry That I was such a fool I didn't know Love could be so cruel Oh-oh-oh-oh-oh-oh-oh-yes You tell me mistakes Are part of being young But that don't right The wrong that's been done Views vary about whether a healthcare professional should convey an apology to a patient or patient’s family when treatment does not go as expected. The fear is that these words will be misconstrued as an admission of error that could make a negligence claim more likely, or at least make the claim, if it comes, harder to defend. In Delaware, the law provides some level of protection to such communications, but as a recent case illustrates, that protection is not absolute because the relevant statute makes an important distinction between an expression of apology, sympathy or condolence, and an admission of fault. So, if you are going to apologize, you are well advised to choose your words carefully. Reprinted courtesy of John D. Balaguer, White and Williams LLP and Christine Kane, White and Williams LLP Mr. Balaguer may be contacted at balaguerj@whiteandwilliams.com Ms. Kane may be contacted at kanec@whiteandwilliams.com Read the court decision
Read the full story...
Reprinted courtesy of

Construction Defect Specialist Joins Kansas City Firm

January 13, 2014 — CDJ STAFF
David Schatz, whose practice specializes in construction disputes and defects, has joined the Kansas City, Missouri firm Spencer Fane Britt & Brown LLP in their litigation practice group. Mr. Schatz’s expertise also includes banking and finance, banking litigation, commercial disputes, insurance, surety, employment, contract claims, and personal injury. Pat Whalen, Chairman of Spencer Fane Britt & Brown, said that Schatz “brings great experience across a range of industries, but many of us in Kansas City are particularly pleased by his construction and general litigation credentials, which will fit will with the resources we’re building in those areas.” Read the court decision
Read the full story...
Reprinted courtesy of

Pinterest Nixes Big San Francisco Lease Deal in Covid Scaleback

September 21, 2020 — Sophie Alexander - Bloomberg
Pinterest Inc. canceled a large office lease at a building to be constructed near its San Francisco headquarters, marking one of the most significant moves yet by a big tech company to scale back real estate plans in the city amid the Covid-19 pandemic. “As we analyze how our workplace will change in a post-Covid world, we are specifically rethinking where future employees could be based,” Todd Morgenfeld, Pinterest’s chief financial officer and head of business operations, said in a statement Friday. The social-sharing service is paying an $89.5 million termination fee to terminate its lease for 490,000 square feet (45,500 square meters) of space. It will keep its existing offices in the city. Read the court decision
Read the full story...
Reprinted courtesy of Sophie Alexander, Bloomberg

Third Circuit Follows Pennsylvania Law - Damage Caused by Faulty Workmanship Does Not Arise from an Occurrence

May 10, 2013 — Tred Eyerly
The Third Circuit followed Pennsylvania law in determining that damage caused by faulty workmanship did not arise from an occurrence. Zurich Am. Ins. Co. v. R. M. Shoemaker Co., 2013 U.S. App. LEXIS 6093 (3d Cir. March 27, 2013). The County sued R. M. Shoemaker, alleging faulty construction of an addition to a correctional institution. The County alleged Shoemaker negligently supervised its subcontractor, thereby permitting the subcontractor to engage in willful misconduct, resulting in damage to structural elements of the correctional institution. The County alleged that Shoemaker's negligence permitted water to intrude, damaging the electrical systems, acoustic ceilings and miscellaneous equipment. Zurich sought a declaratory judgment that it was not required to defend or indemnify Shoemaker. The district court granted Zurich summary judgment. Relying on Pennsylvania law, the district court found that the allegations in the underlying action did not arise from an occurrence. Read the court decision
Read the full story...
Reprinted courtesy of Tred Eyerly
Mr. Eyerly can be contacted at te@hawaiilawyer.com

Insurer Must Defend Where Possible Continuing Property Damage Occurred

January 13, 2017 — Tred R. Eyerly - Insurance Law Hawaii
The California Court of Appeal overturned the trial court's issuance of summary judgment based upon the possibility of continuing property damage during the insurer's policy period. Tidwell Enters. v. Fin. Pac. Ins. Co., 2016 Cal. App. LEXIS 1038 (Cal. Ct. App. Nov. 29, 2016). Financial Pacific insured Greg Tidwell, Tidwell Enterprises, Inc. and Tidwell Enterprises Fireplace Division (Tidwell) under CGL policies issued between March 2003 and March 2010. In 2006 or 2007, Tidwell installed a fireplace in a home. On November 11, 2011, 20 months after the end of the last policy period of Financial Pacific's coverage, the home owned by Kendall Fox, was damaged by fire. Fox was insured by State Farm. State Farm's attorney advised Tidwell of the fire, and Tidwell forwarded the information to Financial Pacific. State Farm hired an investigator who reported that the fire was caused by the installation of an "unlisted shroud at the top of the chimney chase". This prevented the fireplace from drafting properly, resulting in overheating of the fireplace and heat transfer to the surround wood framing members. This resulted in the ignition of the framing members at the sides, top and bottom of the fireplace. State Farm sent the report to Financial Pacific. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

In Kansas City, a First-Ever Stadium Designed for Women’s Sports Takes the Field

December 17, 2024 — Mark Byrnes - Bloomberg
The Kansas City Current won its first-ever at-home playoff match on Nov. 9, a breakthrough for the team playing its fourth season in the National Women’s Soccer League. Although the Current’s postseason push ended a week later in a semifinals loss, women’s soccer nevertheless returns to Kansas City, Missouri, for the national championship on Nov. 23. The title match will be a landmark for all of women’s sports: CPKC Stadium, the new home for the Current and host of the NWSL championship game, is the first purpose-built women’s professional sports stadium in the world. Designed by Generator Studio, a women-led firm based in Kansas City, CPKC Stadium gives the young franchise a permanent base while providing inspiration for other women’s clubs looking for equal footing in an increasingly competitive and expensive era of stadium development. The Current played their first match at CPKC Stadium to a sellout crowd this spring, and attendance hasn’t dropped since. Read the court decision
Read the full story...
Reprinted courtesy of Mark Byrnes, Bloomberg

Will COVID-19 Permanently Shift the Balance between Work from Home and the Workplace?

April 13, 2020 — Adam Weaver - Gravel2Gavel Construction & Real Estate Law Blog
On March 15, 2020, the Center for Disease Control and Prevention (CDC) issued formal guidance to combat the spread of the coronavirus by recommending against gatherings of 50 or more people for the next eight weeks (CDC guidance), which includes nearly every office building in America. Thus, began the most significant work from home experiment this country has ever seen. With the majority of the workforce working from home, many employees see this as an opportunity to finally prove that, “yes, that meeting could have been an email.” However, while workers will not be distracted by constant (and potentially unnecessary) meetings, a number of issues and questions arise with working from home. Most importantly, is this working from home experiment a temporary opportunity for businesses to test remote work ideas or is this the new normal? And how will this affect commercial real estate moving forward? Read the court decision
Read the full story...
Reprinted courtesy of Adam Weaver, Pillsbury
Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES