Fairfield Connecticut Building Expert Directory

In Matter of First Impression, California Appellate Court Finds a Claim for a Real Estate Professional’s Breach of Fiduciary Duty is Assignable

January 28, 2025 — Briane Slome & Pamela Albanese - Lewis Brisbois Newsroom
San Diego, Calif. (January 17, 2025) - The California Court of Appeal recently reversed a judgment entered in favor of real estate brokers who were sued for breaching their fiduciary duties in connection with the sale of residential real estate in Malibu. The Court of Appeal found the trial court erred when it rendered judgment in favor of the brokers on the basis that the plaintiff lacked standing to pursue claims that had been assigned to her. The trial court reasoned that claims for breach of fiduciary duty against real estate brokers are highly personalized tort causes of action, which cannot be assigned. The Court of Appeal disagreed. In a case of first impression, it held that a cause of action for breach of a real estate broker’s fiduciary duties, which seeks damages related to property rights and pecuniary interests, is assignable. The Court of Appeal’s decision in Lazar v. Bishop, issued December 19, 2024, involved a unique set of facts. The seller bought the property in 2006. His daughter, Laura Lazar, lived at the property. The seller hired a real estate broker to sell the home. The broker listed the property for $4.2 million. Thereafter, she persuaded the seller to drop the listing price to $3.15 million, the price at which it was ultimately sold. Reprinted courtesy of Briane Slome, Lewis Brisbois and Pamela Albanese, Lewis Brisbois Mr. Slome may be contacted at Brian.Slome@lewisbrisbois.com Ms. Albanese may be contacted at Pamela.Albanese@lewisbrisbois.com Read the court decision
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Is Your Construction Business Feeling the Effects of the Final DBA Rule?

June 04, 2024 — Nathaniel Peniston - Construction Executive
The Biden administration’s final rule “Updating the Davis-Bacon and Related Acts Regulations” took effect on Oct. 23, 2023. In “the first comprehensive regulatory review in nearly 40 years,” the Department of Labor has returned to the definition of “prevailing wage” it used from 1935 to 1983—before Microsoft released the first Windows operating system. Construction industry leaders must be aware that this is the most comprehensive review and overhaul of the act in 40 years; with it, the DOL has attempted to modernize its approach to wage creation and fringe benefit allocation. There are more than 50 procedural changes to the act, which means it is very important for contractors to be aware of wage classifications when bidding, performing work on Davis-Bacon Act projects and using applicable fringe dollars for bona fide benefits. UNDERSTANDING THE CHANGES Some of the critical adjustments included in the final rule that contractors should be aware of include: Wage determination changes during a project: Historically, contractors could rely on the wage determinations used to win a project for the life of the project. However, the final rule now requires the contractor to use current wage determinations when a contract is changed or extended. The DOL “proposed this change because—like a new contract—the exercise of an option requires the incorporation of the most current wage determination.” Reprinted courtesy of Nathaniel Peniston, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Peniston may be contacted at npeniston@fbg.com

Contractors Board May Discipline Over Workers’ Comp Reporting

November 06, 2013 — CDJ STAFF
California recently passed AB 1794, which authorized the Employment Development Department to share information it received on new hires with other agencies. The bill also allows the Contractors State License Board to audit members based on this information to determine if contractors are engaging in workers’ compensation fraud. Writing on the Cumming & White construction litigation blog, Iman Reza notes that “the new law is intended to deter contractors from cutting corners in underreporting employees.” The CSLB will be able to discipline contractors who seek to gain an illegitimate competitive advantage by circumventing the law. Read the court decision
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The Investors Profiting Off Water Scarcity

June 10, 2024 — Linda Poon - Bloomberg
We’re excited to share that the Bloomberg Green series Water Grab was named a Pulitzer Prize finalist. The series, which includes contributions from several CityLab writers and alums, explores how private investors are commandeering public water for profit at the expense of both the environment and less powerful communities. Below is a sample of stories looking at how investors, private equity firms and Wall Street are taking advantage of the world’s scarce water supply. Read the full series here, which is now in front of the paywall. Reprinted courtesy of Linda Poon, Bloomberg Read the full story... Read the court decision
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Manhattan Condo Resale Prices Reach Record High

September 03, 2014 — Oshrat Carmiel – Bloomberg
Prices for previously owned Manhattan condominiums rose to a record last month even as an increase in the supply of units eased competition among buyers. An index of resale prices climbed 1.1 percent from June to reach the highest level in data going back to 1995, StreetEasy.com, a New York real estate website, said in a report today. The inventory of condos on the market grew 5.4 percent from a year earlier, the biggest annual gain since October 2009. The market is still tight, with the number of available condos about 16 percent below the five-year average for Manhattan. That will continue to drive up prices, according to StreetEasy, which projects a 0.4 percent increase for August. Read the court decision
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Reprinted courtesy of Oshrat Carmiel, Bloomberg
Ms. Carmiel may be contacted at ocarmiel1@bloomberg.net

Fire Tests Inspire More Robust Timber Product Standard

March 22, 2018 — Nadine M. Post– ENR
Based on recent fire test results, mass timber groups have adjusted product certification standards to require the use of cross-laminated timber with structural adhesives tested to demonstrate better fire performance. Read the court decision
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Reprinted courtesy of Nadine M. Post, Engineering News-Record
Ms. Post may be contacted at postn@enr.com

Allegations That COVID-19 Was Physically Present and Altered Property are Sufficient to Sustain COVID-19 Business Interruption Suit

May 24, 2021 — Michael S. Levine & Joseph T. Niczky - Hunton Insurance Recovery Blog
On Wednesday, a federal judge in Texas denied Factory Mutual’s Rule 12(c) motion for judgment on the pleadings, finding that the plaintiffs adequately alleged that the presence of COVID-19 on their property caused covered physical loss or damage in the case of Cinemark Holdings, Inc. v. Factory Mutual Insurance Co., No. 4:21-CV-00011 (E.D. Tex. May 5, 2021). This is the third COVID-19-related business interruption decision from Judge Amos Mazzant since March, but the first in favor of a policyholder. Taken together, the three decisions have two key takeaways and provide a roadmap for policyholders in all jurisdictions. First, the Cinemark decision recognizes that the alleged presence of COVID-19 viral particles that physically altered the policyholder’s property is sufficient under federal pleading standards and controlling state law. In its motion, FM relied on Judge Mazzant’s recent decision in Selery Fulfillment, Inc. v. Colony Insurance Co., No. 4:20-CV-853, 2021 WL 963742 (E.D. Tex. Mar. 15, 2021), which dismissed a lawsuit alleging that the policyholder’s losses were caused by government orders that closed its business, rather than from the actual presence of the virus on its property. The Court held that government orders alone do not constitute physical loss or damage, and declined to rule on whether the physical presence of the virus does. Judge Mazzant reached the same conclusion weeks later in Aggie Investments, L.L.C. v. Continental Casualty Co., No. 4:21-CV-0013, 2021 WL 1550479 (E.D. Tex. Apr. 20, 2021). Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Joseph T. Niczky, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Niczky may be contacted at jniczky@HuntonAK.com Read the court decision
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Lakewood First City in Colorado to Pass Ordinance Limiting State Construction Defect Law

October 15, 2014 — Beverley BevenFlorez-CDJ STAFF
The Denver Post reported that the Lakewood City Council passed an ordinance “designed to soften the effects of Colorado's controversial construction-defects law.” Specifically, the ordinance “gives developers and builders a ‘right to repair’ defects before facing litigation and would require condominium association boards to get consent from a majority of homeowners — rather than just the majority of the board — before filing suit.” Not all residents are in favor of the ordinance. "It protects builders and big business at the expense of homeowners," Chad Otto, former president of the Grant Ranch homeowners association, told the crowd, as quoted by the Denver Post. "Does Lakewood want to be known as the mecca of poorly built condos?" Proponents of the measure, including Lakewood Mayor Bob Murphy, claim that “Colorado's defects law…has forced up insurance premiums on new condo projects to the point where they are no longer feasible to build.” Furthermore, according to the Denver Post, “Condos represented only 4.6 percent of total new home starts in metro Denver in the second quarter of 2014, versus more than 26 percent in 2008, according to Metrostudy.” Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES