Fairfield Connecticut Building Expert Directory

One Sector Is Building Strength Amid Slow Growth

November 18, 2019 — Michael Msika - Bloomberg
If you had to guess which stocks are posting top gains given this year’s gloomy economic outlook, you might be surprised by the answer. Construction and material shares, despite most macro indicators pointing to slowing global growth, are now leading the pack in Europe. The sector’s up 32% already this year, knocking food-and-drinks stocks off the pedestal, and there appear few signs of the rally stopping anytime soon. Read the court decision
Read the full story...
Reprinted courtesy of Michael Msika, Bloomberg

Ohio Supreme Court Case to Decide Whether or Not to Expand Insurance Coverage Under GC’s CGL Insurance Policies

August 14, 2018 — David Suggs – Bert L. Howe & Associates, Inc.
According to W. Matthew Bryant of Saul Ewing Arnstein & Lehr LLP, the Ohio Supreme Court will be deciding whether or not a general contractor's commercial general liability ("CGL") insurance policy may provide coverage for damage caused by a subcontractor's defective construction work. Bryant explained the status quo in Ohio: “Since 2012, Ohio has followed the rule that a CGL policy would not cover damage caused by a contractor to the contractor's own work.” That could change depending on how the Ohio Supreme Court rules in an upcoming case: “The Ohio Supreme Court will decide whether to affirm or overturn Ohio Northern University v. Charles Construction Services, Inc., 77 N.E.3d 538 (Ohio Ct. App. 2017) ("ONU"), an Ohio Court of Appeals decision holding that CGL coverage may exist for property damage caused by faulty work performed by the subcontractor of an insured general contractor.” Read the court decision
Read the full story...
Reprinted courtesy of

Avoid the Headache – Submit the Sworn Proof of Loss to Property Insurer

October 12, 2020 — David Adelstein - Florida Construction Legal Updates
Property insurance policies (first party insurance policies) contain post-loss obligations that an insured must (and should) comply with otherwise they risk forfeiting insurance coverage. One post-loss obligation is the insurer’s right to request the insured to submit a sworn proof of loss. Not complying with a post-loss obligation such as submitting a sworn proof of loss can lead to unnecessary headaches for the insured. Most of the times the headache can be avoided. Even with a sworn proof of loss, there is a way to disclaim the finality of damages and amounts included by couching information as estimates or by affirming that the final and complete loss is still unknown while you work with an adjuster to quantify the loss. The point is, ignoring the obligation altogether will result in a headache that you will have to deal with down the road because the property insurer will use it against you and is a headache that is easily avoidable. And, it will result in an added burden to you, as the insured, to demonstrate the failure to comply did not actually cause any prejudice to the insurer. By way of example, in Prem v. Universal Property & Casualty Ins. Co., 45 Fla. L. Weekly D2044a (Fla. 3d DCA 2020), the insured notified their property insurer of a plumbing leak in the bathroom. The insurer requested for the insured to submit a sworn proof of loss per the terms of the insured’s property insurance policy. The insurer follow-up with its request for a sworn proof of loss on a few occasions. None was provided and the insured filed a lawsuit without ever furnishing a sworn proof of loss. The insurer moved for summary judgment due the insured’s failure to comply with the post-loss obligations, specifically by not submitting a sworn proof of loss, and the trial court granted the insurer’s motion. Even at the time of the summary judgment hearing, the insured still did not submit a sworn proof of loss. Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Hunton Offers Amicus Support in First Circuit Review of “Surface Water” Under Massachusetts Law

August 01, 2023 — Michael S. Levine, Lorelie S. Masters & Janine A. Hanrahan - Hunton Insurance Recovery Blog
Hunton’s insurance team has offered its support on behalf of amicus curie United Policyholders in a brief to the First Circuit concerning the meaning of “surface water” in the context of a broad, all-risk property insurance policy? This important question arose in a dispute between Medical Properties Trust (“MPT”), a real estate investment trust, and Zurich American Insurance Company (“Zurich”), its insurer, after water entered and destroyed Norwood Hospital. The water at issue entered the building after collecting on the surface of the building’s flat parapet roof. Zurich argued that because the water collected on the surface of the roof, the water met the meaning of the term “surface water,” as that term was used in the policy’s definition of “flood.” Flood coverage is subject to a $100 million sublimit, whereas the policy’s general limit is $750 million. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Lorelie S. Masters, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Ms. Masters may be contacted at lmasters@HuntonAK.com Read the court decision
Read the full story...
Reprinted courtesy of

Manhattan Gets First Crowdfunded Condos

September 03, 2015 — David M. Levitt & Oshrat Carmiel – Bloomberg
New York’s first real estate project financed significantly though crowdfunding is set to open, a step forward for a nascent investing model that has yet to prove itself in commercial property. AKA United Nations, an extended-stay hotel-condominium on East 46th Street near Second Avenue, will start taking guests Sept. 10. Sales of the suites have already begun. Of the $95 million it cost to buy and fix up the existing hotel, $12 million was raised from online pledges. It’s “the first ever crowdfunded building in New York coming to completion, from A to Z,” said Rodrigo Nino, chief executive officer of Prodigy Network, which is gut-renovating the building with partners. Until now, “everything has been about promises.” Reprinted courtesy of David M. Levitt, Bloomberg and Oshrat Carmiel, Bloomberg Read the court decision
Read the full story...
Reprinted courtesy of

Struggling Astaldi Announces Defaults on Florida Highway Contracts

April 22, 2019 — Scott Judy - Engineering News-Record
Astaldi Construction Corp. announced on March 28 that it was voluntarily defaulting on four contracts with the Florida Dept. of Transportation. Included among those was a $108.3-million contract covering the 3.5-mile-long Section 7A for the $1.6-billion Wekiva Parkway project. Astaldi’s default on that project comes nearly a year after the contractor commenced work on April 1, 2018. Read the court decision
Read the full story...
Reprinted courtesy of Scott Judy, ENR
Mr. Judy may be contacted at judys@enr.com

For Smart Home Technology, the Contract Is Key

June 07, 2021 — James W. McPhillips & Rachel Newell - Gravel2Gavel Construction & Real Estate Law Blog
In our previous post we discussed the importance of conducting a thorough due diligence and procurement process with smart technology providers. Next up? The contract. The price of a procured product is always important, but equally important are other contractual terms that reflect the commercial agreement. Ultimately, the contract should answer the fundamental question of “What are you buying?” The product itself is not the only feature being purchased. A customer is also buying certainty, service performance, risk mitigation, flexibility, security, compliance, and other similar “intangible” items of value. The Price of Certainty As part of the price, the purchaser of smart technology is also buying certainty. What do we mean by that? Reprinted courtesy of James W. McPhillips, Pillsbury and Rachel Newell, Pillsbury Mr. McPhillips may be contacted at james.mcphillips@pillsburylaw.com Ms. Newell may be contacted at rachel.newell@pillsburylaw.com Read the court decision
Read the full story...
Reprinted courtesy of

Congratulations 2016 DE, NJ, and PA Super Lawyers and Rising Stars

June 02, 2016 — White and Williams LLP
Twenty-one White and Williams lawyers have been named by Super Lawyers as a Delaware, New Jersey, or Pennsylvania "Super Lawyer" while ten received "Rising Star" designations. Each lawyer who received the distinction competed in a rigorous selection process which took into consideration peer recognition and professional achievement. The winners named to this year's Super Lawyer list represent a multitude of practices throughout the firm. Read the court decision
Read the full story...
Reprinted courtesy of White and Williams LLP

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES