Fairfield Connecticut Building Expert Directory

How Data Drives the Future of Design

April 11, 2022 — Marcin Kosicki - AEC Business
Data has become the currency of modern society. It is the most abundantly generated product of the 21st century. Every action in our lives, from asking for directions using Google Maps to liking a post on social media, produces data that is being mined in a variety of imaginative and profitable ways. If our daily actions generate an avalanche of information, how much data could the design, construction, and operation of a building produce? Sketches and drawings, simulations and building analyses, BIM models, construction logistics and procurement, post-occupancy data gathered by sensors, and 3D scans all produce an abundance of data. It is, therefore, unfortunate that the adoption of Big Data and Cloud Computing in the building industry is substantially less developed than in other fields. Read the court decision
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Reprinted courtesy of Marcin Kosicki, AEC Business

Cyber Thieves Phish Away a $735K Payment to a Minnesota Contractor

May 06, 2024 — Richard Korman - Engineering News-Record
The contractor's project manager asked for money due, $735,000 under Payment Application 13, to be sent by the owner electronically. "Hi Rick," the project manager, whose first name is Jalen, wrote in an email dated Aug. 15. "Can we have payments remitted electronically as we currently have numerous uncleared checks on hold?" Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
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Real Estate Trends: Looking Ahead to 2021

November 09, 2020 — Adam Weaver - Gravel2Gavel Construction & Real Estate Law Blog
2020 has been an unprecedented year, and, while there are likely more twists and turns to come before December 31, it is essential to look at how the real estate markets have changed this year and which trends are likely to continue into 2021. The COVID-19 pandemic has impacted nearly every industry, including commercial real estate, and its impact will continue to influence the market and commercial real estate long after the virus has been eradicated. Commercial Real Estate Loan Modifications As the United States’ economy stalled, shut down and slowly started to recover throughout 2020, many businesses were negatively impacted, and most property owners found themselves negotiating with both their lenders and tenants. As tenants were unable to pay rent, property owners were unable to service their debt, which led to a surge of loan modifications this year. This trend certainly will continue through the first half of 2021, as the economy continues to recover. Read the court decision
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Reprinted courtesy of Adam Weaver, Pillsbury
Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com

Framework, Tallest Mass Timber Project in the U.S., Is On Hold

August 07, 2018 — Nadine M. Post - Engineering News-Record
The tallest mass-timber building development in the U.S. is "on hold for the foreseeable future," according to the developer, named project^. The 12-story mixed-use building, known as Framework, has been under development in Portland, Ore., since 2014. Construction was first delayed a year ago and currently is postponed because of changing market conditions, which have had a negative impact on the development's bottom line. These include inflation, escalating construction costs and fluctuations in the tax credit market, says the developer. Read the court decision
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Reprinted courtesy of Nadine M. Post, ENR
Ms. Post may be contacted at postn@enr.com

South Carolina Homeowners May Finally Get Class Action for Stucco Defects

December 04, 2013 — CDJ STAFF
Last year, Judge J. Michael Baxley approved a class action lawsuit over stucco problems in Sun City Hilton Head. The lawyers from S.C. State Plastering have already settled with about 140 defendants in that community, and they are trying to prevent the plaintiff’s lawyers from communicating with other residents. In June, a judge dismissed S.C. State Plastering’s request to block this communication, but the company has appealed. The South Carolina Supreme Court has heard the case regarding the notices and has yet to rule. The Chief Justice has recused herself, stating that she has a connection to the case, although she has not elaborated. Many homeowners have waited to repair their homes, hoping to receive compensation. Pulte Homes, the builder of the project, has also repaired some homes. It is not clear if those homeowners are eligible for the class action lawsuit. Read the court decision
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Who Says You Can’t Choose between Liquidated Damages or Actual Damages?

October 11, 2017 — Kevin Walton - Snell & Wilmer Real Estate Litigation Blog
In Colorado, courts enforce liquidated damages provisions if three elements are satisfied: (1) the parties intended to liquidate damages; (2) the amount of liquidated damages was a reasonable estimate of the presumed actual damages caused by a breach; and (3) at the time of contracting, it was difficult to ascertain the amount of actual damages that would result from a breach. But what happens when a contract gives a party a right to choose between liquidated damages or actual damages? This seems troublesome because it allows a party to set the floor for their damages without limitation if actual damages exceed the contractual amount. As a matter of first impression, the Colorado Supreme Court addressed this issue in Ravenstar, LLC v. One Ski Hill Place, LLC, 401 P.3d 552 (Colo. 2017). In Ravenstar, plaintiffs contracted to buy condominiums from a developer. As part of their contracts, plaintiffs deposited earnest money and construction deposits equal to 15% of each unit’s purchase price. Plaintiffs breached their contract by failing to obtain financing and failing to close by the closing date. Each contract’s damages provision provided that if a purchaser defaulted, the developer had the option to retain all or some of the deposits as liquidated damages or, alternatively, to pursue actual damages and apply the deposits to that award. After plaintiffs defaulted, the developer chose to keep plaintiffs’ deposits as liquidated damages. Plaintiffs sued for return of their deposits. Read the court decision
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Reprinted courtesy of Kevin Walton, Snell & Wilmer
Mr. Walton may be contacted at kwalton@swlaw.com

Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure

November 21, 2017 — Gregory D. Podolak - Saxe Doernberger & Vita, P.C.
Originally published by CDJ on May 3, 2017 In breaking news this week, LAW360.com posted that the Third Circuit ruled Friday that “a common exclusion found in a Travelers policy bars coverage for claims arising out of asbestos in any form, limiting insurers’ potential exposure to asbestos injury claims by precluding policyholders from arguing that the exclusionary language is ambiguous and doesn’t extend to products containing the carcinogen.” In its detailed analysis of the decision, LAW360 turned to Greg Podolak for his analysis. Gregory D. Podolak, managing partner of Saxe Doernberger & Vita PC’s Southeast office, said the ruling is a cautionary tale that should galvanize policyholders and their insurance brokers to take a closer look at policies to delete or curtail broad “arising out of” language in exclusions. Otherwise, insureds could find themselves without any coverage for claims even remotely related to a certain product, he said. Read the court decision
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Reprinted courtesy of Gregory D. Podolak, Saxe Doernberger & Vita, P.C.
Mr. Podolak may be contacted at gdp@sdvlaw.com

Ten-Year Statute Of Repose To Sue For Latent Construction Defects

November 12, 2019 — David Adelstein - Florida Construction Legal Updates
If you are dealing with latent construction defects, it is imperative that you consult with counsel to understand your rights. This not only includes claims for property damage stemming from latent construction defects, but also personal injury stemming from such defects. There is a ten-year statute of repose to sue for latent construction defects. See Fla.Stat. s. 95.11(3)(c). After the expiration of this statute of repose you are out of luck, meaning you can no longer sue. Now, I probably will not be the first to tell you that the statute of repose is not written so clear that you know the precise date it ends (or the last date you can sue for a latent defect). For this reason, you really want to operate conservatively, meaning it is always better to sue early if you think you could be running on the end of the statute of repose period. It is always advisable to avoid any legitimate argument that you filed your construction defect lawsuit too late. In Harrell v. The Ryland Group, 44 Fla. L. Weekly D2054b (Fla. 1st DCA 2019), a subsequent owner of a house sued the original homebuilder in negligence for a construction defect causing a personal injury. The subsequent owner claimed the homebuilder defectively installed an attic ladder (that provided access to the attic for the original construction) which collapsed as he was using it. The homebuilder filed a motion for summary judgment that the statute of repose expired so the owner’s claim was time-barred. The First District agreed. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES