Fairfield Connecticut Building Expert Directory

Construction Litigation Roundup: “Tear Down This Wall!”

September 06, 2023 — Daniel Lund III - Lexology
If you enter a contract to do that in Louisiana, you had better have Louisiana contractor’s license! It is now axiomatic in Louisiana that when a Louisiana contractor’s license is required, the contract for work performed by an unlicensed contractor is an “absolute nullity,” such that the contract is deemed never to have existed. While Louisiana does not prohibit (as would be the case in certain other states) that contractor from quantum meruit/unjust enrichment recovery, who wants to rely on those noncontractual bases for recovery? After any hurricane in Louisiana, out-of-state contractors swoop in. In the case of a water mitigation company from Texas working on a property that was water damaged by Hurricane Ida, the customer refused to pay for services rendered and then defended against payment by urging that work performed by the mitigation firm required a Louisiana contractor’s license – which the mitigation firm lacked. Read the court decision
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Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

Helsinki Stream City: A Re-imagining Outside the System

August 13, 2019 — Jenni Ripatti - AEC Business
Modern man lives under the illusion of being the most intelligent being out there. This is the paradox of human nature; we all want to make the best decisions with the knowledge we have at any given time, but on the other hand, our thinking is largely based on how our ancestors organized the world in their time. Possibly the most tangible example of this in our everyday lives is infrastructure. While there seems to be plenty of candidates offering new solutions to the already existing urban environment, there are not that many looking to challenge the current urban order. Cities are full of talk—but who walks the walk? Re-imagining Urban Environments Olli Hakanen, a long-term specialist in re-imagining workspaces and urban environments, has an extensive background in both architecture and consultancy. His latest venture, Respace, aims to address how urban environments are being developed to better suit the needs of their residents as well as the environment. According to the ideology behind Respace, instead of always building something new, often all that is needed is a re-thinking. Read the court decision
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Reprinted courtesy of Jenni Ripatti, AEC Business
AEC Business may be contacted at info@aec-business.com

White and Williams Announces Lawyer Promotions

May 25, 2020 — White and Williams LLP
White and Williams is pleased to announce the election of Vincent Barbera and James Burger to the partnership. The firm has also promoted Victoria Fuller, Phyllis Ingram, William Johnston, Eric Porter, Gus Sara, Jenifer Scarcella, Lian Skaf and Brett Tishler 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 education, finance, financial lines, insurance coverage, labor and employment, litigation, real estate, and subrogation. These accomplished lawyers have earned this advancement based on their contributions to the firm and their practices. “We are pleased to elect these two lawyers to the partnership and promote eight exceptional associates to counsel. The group demonstrates the legal talent and breadth of services White and Williams offers clients,” said Patti Santelle, Managing Partner of the firm. “The contributions of these lawyers have enhanced the growth and reputation of our firm and reflect our deep commitment to clients. We look forward to their continued success.” Read the court decision
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Reprinted courtesy of White and Williams LLP

Like Water For Chocolate: Insurer Prevails Over Chocolatier In Hurricane Sandy Claim

November 08, 2017 — Afua S. Akoto - Saxe Doernberger & Vita, P.C.
Recently, a New Jersey Magistrate ruled that an insurer did not have to provide coverage for a chocolatier’s property damage and business interruption losses due to Hurricane Sandy. Madeline Chocolate Novelties Inc. (Madeline), a family-owned chocolatier in Queens Rockaway Beach, held a one-year all-risk policy with Great Northern Insurance (Great Northern). The policy contained a flood exclusion and a windstorm endorsement. When Hurricane Sandy hit in October 2012, Madeline suffered extensive damage and ceased operations during the ensuing holiday season. The chocolatier claimed $40 million in property damage and $13.5 million in business interruption losses and sought coverage under its policy. Great Northern paid just under $4 million and denied the remainder of the claim, citing the policy’s flood exclusion. Read the court decision
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Reprinted courtesy of Afua S. Akoto, Saxe Doernberger & Vita, P.C.
Ms. Akoto may be contacted at asa@sdvlaw.com

Colorado Senate Voted to Kill One of Three Construction Defect Bills

May 05, 2014 — Beverley BevenFlorez-CDJ STAFF
The Denver Business Journal reported that the Colorado Senate Appropriations Committee voted 5-2 to kill SB 219, one of the three construction defect bills introduced by Sen. Jessie Ulibarri, D-Commerce City. SB 219 “would have given the divisions of housing, insurance and law a combined $150,000 to collect data that would shine light on the reasons for the current shortage of owner-occupied affordable housing.” However, the two other construction defect related bills are still alive. SB 216 “would offer financial incentives for building condos worth less than $500,000 and SB 220, would make it more difficult for condo owners to file a class-action lawsuit regarding alleged defects.” Read the court decision
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Order for Appraisal Affirmed After Insureds Comply with Post-Loss Obligations

April 15, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The Florida Court of Appeal affirmed an order compelling an appraisal because the insureds complied with their post-loss obligations under the policy. State Farm Fla. Ins. Co. v. Cardelles, 2015 Fla. App. LEXIS 2559 (Fla. Ct. App. Feb. 25, 2015). The insureds suffered damage to their home after Hurricane Katrina on August 25, 2005, and again after Hurricane Wilma on October 24, 2005. After each hurricane, State Farm was notified. With the assistance of their public adjuster, the insureds submitted sworn proofs of loss for damages caused by each hurricane. After the deductible, State Farm paid $19,000 for the Hurricane Katrina claim and $13,000 for the Hurricane Wilma claim. The insureds repaired their roof and made minor repairs to their home with the State Farm payment, but claimed the payment was insufficient to fully repair the damage from the two hurricanes. Four years later, the insureds hired a second public adjuster, who submitted a supplemental claim to State Farm for $127,000 in damages. State Farm requested documents and an updated sworn proof of loss. The insureds did not submit any additional documents because they had not made any additional repairs without further payment from State Farm. The insureds did, however, allow State Farm to make a further inspection of the damages. 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

Lawsuit Decries Environmental Assessment for Buffalo, NY, Expressway Cap Project

July 08, 2024 — Justin Rice - Engineering News-Record
The New York Civil Liberties Union has filed a lawsuit against the New York State Dept. of Transportation for redeveloping Buffalo’s Kensington Expressway with a “limited and flawed” environmental assessment. Reprinted courtesy of Justin Rice, Engineering News-Record Mr. Rice may be contacted at ricej@enr.com Read the full story... Read the court decision
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CA Supreme Court Finds “Consent-to-Assignment” Clauses Unenforceable After Loss Occurs During the Policy Period

August 26, 2015 — Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLP
In Fluor Corporation v. Superior Court (No. S205889; filed 8/20/15), the California Supreme Court overruled its earlier decision in Henkel Corp. v. Hartford Accident & Indemnity Co. (2003) 29 Cal.4th 934, holding that notwithstanding the presence of a consent-to-assignment clause in a liability policy, Insurance Code section 520 bars an insurer from refusing to honor the insured’s assignment of coverage after a loss has taken place during the policy period. In Henkel, the Supreme Court limited the ability of corporate successors to obtain coverage under predecessors’ policies on a contract theory. The Henkel Court held that where a successor corporation contractually assumed liabilities of the predecessor corporation, the insurance benefits would not automatically follow. The Henkel Court ruled that if the predecessor company’s policy contains a consent-to-assignment clause, any assignment of insurance policy benefits to a successor corporation required the insurer’s consent. The Court said that policy benefits are not transferable choses in action unless at the time of corporate transfer they could be reduced to a monetary sum certain. The Court reasoned that historic product or environmental liabilities might not even be known to the predecessor at that time, much less reduced to a sum certain, so coverage for such risks could not be considered a transferable chose in action. Thus, where the liability was inchoate at the time of the corporate transaction, the Henkel Court said that coverage would not necessarily follow because the insurer’s duties had not yet attached. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com; Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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