Fairfield Connecticut Building Expert Directory

Architect Norman Foster Tells COP26: Change 'Traditional' City Design to Combat Climate Change

November 19, 2021 — James Leggate - Engineering News-Record
Regaining control over the climate crisis will require a change in the way cities are designed and built, noted British architect Sir Norman Foster told global attendees at the COP26 summit in Glasgow, Scotland, in a presentation with John Kerry, President Joe Biden's special climate envoy. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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Faulty Workmanship an Occurrence in Iowa – as Long as Other Property Damage is Involved

November 30, 2016 — Austin D. Moody – Saxe Doernberger & Vita, P.C.
The Eighth Circuit recently weighed in on one of the more contentious issues in insurance coverage litigation: is faulty workmanship an occurrence? In Decker Plastics Inc. v. West Bend Mut. Ins. Co., the Eighth Circuit ruled that, under Iowa law, faulty workmanship is an occurrence – as long as it leads to other property damage. Read the court decision
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Reprinted courtesy of Austin D. Moody, Saxe Doernberger & Vita, P.C.
Mr. Moody may be contacted at adm@sdvlaw.com

An Era of Legends

May 03, 2018 — Beverley BevenFlorez-CDJ STAFF
In 2010, West Coast Casualty’s Construction Defect Seminar added a new award: The Legend of an Era. West Coast Casualty recognizes “those in the construction defect community who inspire, contribute, advocate and influence others for the benefit and betterment of this community, making it a better place.” They define Legend as “One that inspires or achieves legendary fame based upon ones own achievement(s) which promises to be enduring” and Era, as “A fixed point of time from which a series of years is reckoned and an order of things prevail.” This annual award is presented at the West Coast Casualty Construction Defect Seminar. Read the court decision
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Hudson Tunnel Plan Shows Sign of Life as U.S. Speeds Review

April 19, 2021 — Elise Young - Bloomberg
The U.S. Transportation Department has committed to finishing an environmental review for a new Hudson River rail tunnel, after a three-year delay helped prevent the groundbreaking of one of the nation’s most urgently needed infrastructure projects. The evaluation of the new commuter link between New Jersey and New York City will be finished by May 28, according to an update to the federal government’s online permitting dashboard. If the study is cleared, the $11.6 billion Gateway project could potentially qualify for partial federal funding. Transportation Secretary Pete Buttigieg last month told lawmakers that the tunnel is among President Joe Biden’s priorities. Biden on Wednesday introduced a $2 trillion infrastructure plan, fed by a tax increase on the wealthy, that he called a “once-in-a-generation investment in America.” The proposal calls for rebuilt bridges and highways, a shift to cleaner energy and boosts for mass transit. Read the court decision
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Reprinted courtesy of Elise Young, Bloomberg

Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?

August 30, 2021 — Kevin J. Parker - Snell & Wilmer Real Estate Litigation Blog
In a recent Arizona Court of Appeals case, Zambrano v. M & RC II LLC, 2021 WL 3204491 (7/29/2021), the Court of Appeals addressed the question whether a home builder’s attempt to disclaim implied warranties of workmanship and habitability was effective. In that case, the buyer initialed the builder’s prominent disclaimer of all implied warranties, including implied warranties of habitability and workmanship. After the purchase, the buyer sued the builder, claiming construction defects. The builder moved for summary judgment, seeking enforcement of the disclaimer of warranties. The trial court granted the builder’s motion for summary judgment, thereby enforcing the disclaimers. The buyer appealed. The Court of Appeals addressed the question whether – as a matter of public policy – the implied warranties of workmanship and habitability were waivable. The Court of Appeals started the analysis by noting that the Arizona Supreme Court had, in a 1979 case, judicially eliminated the caveat emptor rule for newly built homes. The court further noted the long history of cases detailing the public policy favoring the implied warranties. But the court also noted the competing public policy of allowing parties to freely contract; explaining that the usual and most important function of the courts is to maintain and enforce contracts rather than allowing parties to escape their contractual obligations on the pretext of public policy. Read the court decision
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Reprinted courtesy of Kevin J. Parker, Snell & Wilmer
Mr. Parker may be contacted at kparker@swlaw.com

New Jersey Firm’s Fee Action Tossed for not Filing Substitution of Counsel

August 13, 2014 — Beverley BevenFlorez-CDJ STAFF
Even though their client had terminated their services by email, a “New Jersey appeals court has tossed out a firm’s fee action” finding that the firm had “remained counsel of record because it did not file a substitution of counsel until almost a year later,” the New Jersey Law Journal reported. In Arturi, D’Argenio, Guagliardi & Meliti v. Sadej, Jesse and Carla Sadej had retained the firm, Arturi, D’Argenio, Guagliardi & Meliti, “to defend them in the underlying land use litigation brought in 2002 by the borough of Seaside Park, N.J.” The case had been dismissed, but was reinstated in 2009 by an appeals court. At that time, Arturi D’Argenio told the Sadejs that they would need to sign a new retainer agreement in order to continue representation. On July 18, 2010, the Sadejs emailed the firm stating that they were “officially terminated,” according to the opinion as quoted by the New Jersey Law Journal. The firm sued the Sadejs “for about $100,000 in fees it was allegedly owed from the Seaside Park case and other matters on behalf of Jesse Sadej.” However, a substitution of attorney wasn’t filed until months later. The case went to the appeals court, which stated that the firm should have withdrawn immediately after receiving the email notification from their client: “Because it failed to do so, it remained counsel of record and therefore was precluded from initiating the collection action at that point,” the judges said, as quoted by the New Jersey Law Journal. Read the court decision
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Alleged Serious Defects at Hanford Nuclear Waste Treatment Plant

August 26, 2015 — Beverley BevenFlorez-CDJ STAFF
According to the Los Angeles Times, “A team of nuclear waste experts has found hundreds of serious defects at an Energy Department plant designed to turn millions of gallons of highly radioactive sludge into more stable solid glass at the former weapons facility in Hanford, Wash.” The report from 2014 was leaked, and stated that the “partially built facility is riddled with 362 ‘significant design vulnerabilities’ that could affect safety and future operations.” Thirty-seven experts led by two senior managers created the report. The Los Angeles Times reported that the report findings “are significant because the plant is part of the Energy Department’s 2013 initiative to fix earlier problems that stalled construction of other parts of the treatment system at Hanford, the site of the nation’s worst radioactive contamination.” Read the court decision
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Construction Defect Attorneys Call for Better Funding of Court System

June 28, 2013 — CDJ STAFF
The construction defect law firm Anderson Shoech has a solution to some of the problems with the California courts. They note that cases often work their way through the system more slowly than they did in the past, due to “unprecedented cuts of over $1 billion from the State Court budget.” Prior to the cuts, cases were resolved “within six months to a year.” Under the current conditions, those involved in a lawsuit “would be lucky if their case was heard within 18 months of filing and could expect at least two full years to pass.” They recommend that California return to appropriately funding the court system. Failure to do so could cause business to go to states “with a functioning and predictable court system.” Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES