Fairfield Connecticut Building Expert Directory

While Starts Fall, Builder Confidence and Permits are on the Rise

June 17, 2015 — Beverley BevenFlorez-CDJ STAFF
The National Association of Home Builders’ (NAHB) Eye on Housing reported that “the NAHB/Wells Fargo Housing Market Index and the expansion of housing permits, suggest more growth ahead.” While the Census Bureau and HUD reported that housing starts in May declined 11.1%, Eye on Housing points to a positive sign in that building permits were up 11.8% in the same month. Read the court decision
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Appeals Court Affirms Carrier’s Duty to Pay Costs Taxed Against Insured in Construction Defect Suit

November 03, 2016 — Jesse Howard Witt – The Witt Law Firm
One of the key reasons for builders to maintain liability insurance is to cover the cost of hiring defense counsel and paying litigation costs in the event of a construction defect lawsuit. If a builder loses a lawsuit, it will typically be responsible for paying the plaintiff’s litigation costs. Today, the Colorado Court of Appeals clarified that the “supplementary payments” section of a standard Commercial General Liability (CGL) insurance policy covers such costs, even if the carrier has reserved the right to dispute whether it has a duty to indemnify the actual damages awarded. This may seem counter-intuitive, insofar as a carrier may owe costs even if it does not cover the underlying loss, but the court’s decision is consistent with the plain language of the CGL form that most carriers use. Reprinted courtesy of Jesse Howard Witt, The Witt Law Firm Mr. Witt may be contacted at his website www.witt.law Read the full story... Read the court decision
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White and Williams Announces Lawyer Promotions

January 15, 2019 — White and Williams LLP
White and Williams is pleased to announce the election of Siobhan Cole, Matthew Ferrie, Joshua Galante, Rochelle Gumapac, Geoffrey Sasso and Benjamin Staherski to the partnership. The firm has also promoted Brandon Arber, Adam Berardi, Kevin Koscil and Greg Steinberg from associate to counsel. The newly elected partners and promoted counsel represent the wide array of practices that White and Williams offers its clients, including commercial and general litigation, corporate and securities, insurance coverage, product liability, subrogation and tax. These accomplished lawyers have earned this advancement based on their contributions to the firm and their practices. “We are delighted to elect these six lawyers to the partnership and promote four exceptional associates to counsel. The group demonstrates the breadth of services and the deep bench that we offer to our clients at White and Williams," said Patti Santelle, Managing Partner of the firm. “The contributions of this talented group have enhanced the growth and reputation of our firm and reflect our deep commitment to our clients. We look forward to their continued success.” Read the court decision
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Reprinted courtesy of White and Williams LLP

Anti-Concurrent Causation Clause Bars Coverage for Pool Damage

February 23, 2016 — Tred R. Eyerly – Insurance Law Hawaii
Relying upon the policy's anti-concurrent causation clause, the Illinois Court of Appeals affirmed the trial court's ruling that there was no coverage for a pool that popped out of the ground. Bozek v. Erie Ins. Group, 2015 Ill. App. LEXIS 940 (Ill. Ct. App. Dec. 17, 2015). Following a rainstorm, the insureds reported damage to the swimming pool to Erie. An investigation determined that the heavy rain saturated soils around the pool. This created a significant uplift hydrostatic pressure. The weight of the water in the pool typically prevented the uplift forces, but the pool had been emptied to clean debris making it susceptible to uplift. The pool had a pressure relief valve to prevent uplift, but it was not working properly. As a result, the pool was damaged to the point that it had to be replaced in its entirety. The heaving of the pool also damaged the concrete slab around the pool, which also had to be replaced. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Insureds' Summary Judgment Motion on Mold Limitation Denied

November 10, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The insureds' motion for partial summary judgment on the applicability of the homeowner's mold limitation was denied. R.W.& R. v. Liberty Mutual Fire Ins. Co., 2016 U.S.Dist. LEXIS 131586 (W.D. Wash. Sept. 26, 2016). The policy imposed a $5,000 limit on losses caused by mold. Plaintiffs discovered that their dishwasher was leaking and reported the loss to Liberty. Liberty's contractor concluded that the bottom of the dishwasher had rusted out, causing water to seep into parts of the kitchen and the laundry/utility room below. The contractor used dehumidifiers to extract moisture from the affected areas and removed damaged cabinetry, drywall and tiling. The contractor discovered mold that it believed predated the dishwasher leak. Although the contractor took steps to remove the mold, its dehumidification efforts exacerbated the problem by dispersing mold spores throughout portions of the house. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

How BIM Helps Make Buildings Safer

July 01, 2019 — Aarni Heiskanen - AEC Business
There are many uses for building information models that are yet to be discovered. One Finnish team collaborated with a city and fire & rescue authority to explore how BIM would help make buildings safer. “Imagine a fire inspector in a building with an AR headset. He can retrieve data from the building’s digital model and hence get an x-ray view of the pipes and cables behind the lowered ceiling.” That’s a scenario that Timo Lehtoviita pictured when we discussed the experimentation project which he led at Saimia, Saimaa University of Applied Sciences. Saimia, the city of Lappeenranta and their real estate company LATO, and the Rescue Department of South Karelia partnered in 2018 to explore the possibilities of using BIM to make buildings safer. The project, titled “Enhancing building safety using information models,” formed part of the national KIRA-digi built environment digitalization program. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

Deterioration Known To Insured Forecloses Collapse Coverage

January 28, 2019 — Tred R. Eyerly - Insurance Law Hawaii
The insurer properly denied coverage for collapse of a building when the insured knew from an expert’s examination that the walls of his house were deteriorating. Jaimes v. Liberty Ins. Corp., 2018 U. S. Dust. LEXIS 198224 (D. Colo. Nov. 21, 2018). The insured discovered a crack in the wall of his home. He hired Anchor Engineering to inspect. Anchor found a large bulge in the south wall. Several problems with deterioration were noted in the basement. The structure of the house was unstable and dangerous. The insured filed a claim with his homeowners insurer, Liberty. The claim was denied because damage to the wall was the result of deterioration. The south wall of the house later collapsed. The insured submitted a second claim. Liberty again denied the claim because the collapse was the result of deterioration of the wall. The insured sued. 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

Shaken? Stirred? A Primer on License Bond Claims in California

July 14, 2016 — Garret Murai – California Construction Law Blog
Shaken? Stirred? A bit hot under the tuxedo collar perhaps? Maybe it’s time for a martini. Or two. When your project’s a mess, your contractor isn’t returning your calls, and you don’t have a license to kill it’s only natural that you would want to go after that other license: the contractor’s license bond. However, except for smaller claims, or situations where you discover that the contractor is or might be judgment-proof, going after a contractor’s license bond isn’t necessarily the panacea many might hope it to be. Read on to learn why. What is a license bond? First, a license bond is not insurance. While insurance is typically limited to property damage and personal injury, a license bond covers a contractor’s violation of the Contractors State License Law. All California contractors are required to have on file a license bond (or, alternative, such as a cash deposit) with the California Contractors State License Board (“CSLB”). 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

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