Fairfield Connecticut Building Expert Directory

Newmeyer Dillion Announces Jason Moberly Caruso As Its Newest Partner

February 01, 2021 — Newmeyer Dillion
Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that Newport Beach attorney Jason Moberly Caruso has been elected to partnership. "Jason has continually shown himself to be a gifted attorney, both in his ability to expand the firm's offerings in land use, environmental law, and the firm's growing appellate practice, as well as in his exceptional approach to client service," said the firm's Managing Partner, Paul Tetzloff. "His positive presence is felt wherever he goes, and we're honored to have him join the firm's partnership." Caruso focuses his practice on various aspects of "contaminated sites" environmental legal work, complex litigation, and appellate matters. He counsels and represents current and former facility owners and operators in state and federal proceedings, administrative actions, cost recovery cases, and non-litigation site remediation situations. The litigated matters frequently involve the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and its parallel California Hazardous Substances Account Act (HSSA). When clients must go to court, Caruso applies his significant experience in complex state and federal litigation over a broad range of substantive areas, including environmental, business, real estate, construction, and products liability. His experience extends from pre-litigation through trial and post-trial proceedings. Caruso's practice also includes a special emphasis on appellate matters. Caruso has briefed and argued multiple appeals in the state and federal courts, obtaining victories for clients in general appellate and extraordinary writ proceedings. Caruso has prosecuted and defended appeals involving the firm's existing cases and clients, but has also been engaged by outside clients after the conclusion of trial court proceedings. An active member of the community, Caruso serves as a mock trial attorney coach for University High School through the Constitutional Rights Foundation Orange County (CRF-OC) and as a member of CRF-OC's Board of Directors. He also serves as a member and secretary of the Orange County Bar Association's Professionalism & Ethics Committee, and is a member of the executive committee of the William P. Gray Legion Lex Inn of Court. Caruso is also committed to pro bono work, endeavoring always to be representing at least one pro bono client via Orange County's Public Law Center. Caruso earned his B.A., cum laude, from the University of Southern California, and his J.D., cum laude, from the University of California, Hastings College of Law. About Newmeyer Dillion For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 65 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com. Read the court decision
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Ohio Supreme Court Holds No Occurence Arises from Subcontractor's Faulty Workmanship

January 09, 2019 — Tred R. Eyerly - Insurance Law Hawaii
The Ohio Supreme Court bucked the modern trend by finding that there was no coverage under CGL policy's the subcontractor's exception for faulty workmanship claimed against the insured. Ohio N. Univ. v. Charles Constr. Servs. 2018 Ohio LEXIS 2375 (Ohio Oct. 9, 2018). The University contracted with Charles Construction Services, Inc. to build a new luxury hotel and conference center on campus. After work was completed, the University discovered extensive water damage from hidden leaks that it believed were caused by the defective work of Charles Construction and its subcontractors. Repairs were made at the cost of $6 million. 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

Nevada Supreme Court Declares Subcontractor Not Required to Provide Pre-Litigation Notice to Supplier

September 24, 2014 — Beverley BevenFlorez-CDJ STAFF
According to the Traub Lieberman Straus & Shrewsberry LLP blog on Construction Law, even though the Nevada Revised Statutes Annotated (NRS) Chapter 40 requires a general contractor “to provide pre-litigation notice (followed by an opportunity to repair) to a subcontractor or supplier the general contractor believes to be responsible” for the issue prior to filing suit, the Nevada Supreme Court “determined that NRS Chapter 40 imposes no such requirement upon a subcontractor.” In Barrett v. Eighth Judicial District Court, “the court reasoned that ‘while the statutes’ and, indeed, chapter’s purpose is, in part, to allow defendants an initial opportunity to repair, the Legislature chose to carry out that purpose in the manner provided by the statutes, and [the Supreme Court] will not read into the statutes a notice requirement between a subcontractor and another subcontractor or supplier where none exist.’” Read the court decision
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Palo Alto Considers Fines for Stalled Construction Projects

November 20, 2013 — CDJ STAFF
The city of Palo Alto, California is considering adopting a law that would fine residents with expired building permits. The City Council took up the issue in response to complaints from residents about stalled construction projects in their neighborhoods. In the public testimony, one resident noted that a site near her home was fenced off in 2007, with the home demolished in 2008, after which nothing has happened. The City Council is proposing fines of $200 per day, after a 30-day grace period, increasing to $400 per day two months after that, going to $800 per day on the 121st day. Read the court decision
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Navigating the New Landscape: How AB 12 and SB 567 Impact Landlords and Tenants in California

March 11, 2024 — Sharon Oh-Kubisch - Kahana Feld
There are various changes in the Landlord-Tenant laws in CA that became effective in 2024. For the purposes of this article, I wanted to focus on Assembly Bill (AB) 12 and Senate Bill (SB) 567 only. Governor Gavin Newsom recently signed AB 12 into law, a legislation that limits the amount landlords can charge for security deposits to just one month’s rent for unfurnished apartments. While the law aims to make housing more accessible, it raises several concerns for landlords and tenants alike. AB 12, was authored by Assemblyman Matt Haney, D-San Francisco; it passed both the Senate and the Assembly houses in September. The legislation introduces a notable shift from existing law, under which landlords can charge up to two months’ rent for an unfurnished unit and three months’ rent for a furnished one. This exception does not apply when the prospective tenant is a military service member, however. Read the court decision
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Reprinted courtesy of Sharon Oh-Kubisch, Kahana Feld
Ms. Oh-Kubisch may be contacted at sokubisch@kahanafeld.com

Recovery Crews Swing Into Action as Hurricane Michael Departs

October 23, 2018 — Tom Sawyer, Luke Abaffy, Thomas F. Armistead, & Jim Parsons - Engineering News-Record
By the time the blustery remnants Hurricane Michael departed the East Coast around mid day on Oct. 12, with one last lashing of eastern regions from Virginia to New York, the trail of woe stretched from the Florida Panhandle through the southeastern states and well up the Eastern Seaboard. Authorities report the death toll stood at 16, with victims in Florida, Georgia, North Carolina and Virginia. Reprinted courtesy of ENR reporters Tom Sawyer, Luke Abaffy, Thomas F. Armistead and Jim Parsons Mr. Sawyer may be contacted at sawyert@enr.com Read the court decision
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What is a Civil Dispute?

August 07, 2018 — Bremer Whyte Brown & O’Meara
Broadly speaking, all lawsuits can be put into one of two categories: criminal or civil. Criminal cases are brought by the government against a private person and/or organization for committing an act that is considered harmful to society as a whole; whereas civil cases involve private disputes between individuals and/or organizations. Civil litigation begins when one person or organization claims that another person or organization has failed to carry out a legal duty owed to the claimant. Legal duties are those prescribed either by contract between the parties, or by the law. In order for a claimant to commence legal action against another party, the claimant must file a summons and complaint with the court and serve a copy of the summons and complaint on the party against whom the lawsuit is being brought. The person who brings the lawsuit is called the “Plaintiff” and the person against whom the lawsuit is brought is called the “Defendant.” Read the court decision
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Reprinted courtesy of Bremer Whyte Brown & O’Meara

Include Materials Price Escalation Clauses in Construction Clauses

December 26, 2022 — Robert Alfert Jr. - Construction Executive
The construction sector has been in a bull market for an unprecedented period of time. With the novel impacts from the coronavirus—and all the associated side effects, such as government moratoria, shipping delays and materials availability—we are now in a market of extreme volatility in pricing, inflation and increasing capital finance rates. And yet the construction sector continues to plow forward despite uncertainty, producing critical infrastructure, and much necessary housing, among other projects. The signs are that this trend will continue at least through Q1 of 2023, and likely beyond that, especially when you factor into the equation the many billions of dollars being placed into the market through the Bipartisan Infrastructure Law. It is not surprising, therefore, that the number one issue in construction contracts in 2022 is how parties handle inflation and materials cost escalations in existing contracts and in the negotiations for new contracts. There is no other issue more heavily negotiated, often disputed and hotly debated in the construction sector today. Reprinted courtesy of Robert Alfert Jr., Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Alfert may be contacted at robert.alfert@nelsonmullins.com

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