FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Construction Defect Bill Removed from Committee Calendar

February 12, 2013 — CDJ STAFF
Colorado State Senator Mark Scheffel has removed Senate Bill 13-052 from the Senate Judiciary Committee’s calendar because he feels an upcoming study on construction near transit centers will be important for the consideration of the bill. SB 13-052 would affect construction defect claims in communities that were within a half mile of public transportation. Critics claim it would gut construction defect protections, as even a bus stop would count as a “mass transit center.” Scheffel says he doesn’t know what the study will find, but says that whether he likes or hates it, it will be relevant. Read the court decision
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Who Is To Blame For Defective — And Still LEED Certified — Courthouse Square?

September 01, 2011 — Douglas Reiser, Builders Council Blog

Remember Courthouse Square? I sure do. We have talked about the closed and evacuated LEED certified building a couple of times here on Builders Counsel. Well, it’s back in the news. This time building professionals are pointing fingers — but there is some talk about a fix. Still, its LEED certification remains.

If you read my past articles about Courthouse Square, you can get caught up on this mess. The short of it is that Salem, Oregon had the five-story government building and bus mall completed in 2000 for $34 Million. It was awarded LEED certification during the USGBC’s infancy. Last year, it became public that the building had significantly defective concrete and design. The Salem-Keizer Transit District worked with the City of Salem to shut the building down, and it has not been occupied since.

Last fall, Courthouse Square failed thorough forensic testing leading to a lengthy bout with a number of insurers.  The contractors and designers had been hauled into court, but the Transit District was able to settle with the architect and contractors. The only remaining party involved in the lawsuit appears to be the engineering firm, Century West Engineering. Most expert reports have pinned the responsibility for the poor design and materials on Century West’s shoulders.

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Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at info@reiserlegal.com

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Case Alert Update: SDV Case Tabbed as One of New York’s Top Three Cases to Watch

January 10, 2018 — Richard W. Brown - SDV Blog
Argument before the Court of Appeals has now been scheduled for February 7, 2018, in Gilbane Building Co. v. St. Paul Insurance, with a long anticipated decision by New York’s highest court to be issued shortly thereafter. In its September 18, 2017 edition, Law360.com highlighted three major cases with significant implications on insurance coverage that will soon be decided by the New York Court of Appeals. Gilbane presents an opportunity for the Court to address the growing number of divergent decisions regarding the prerequisites for qualifying as an additional insured, as it considers an Appellate Division’s holding that a construction manager is not entitled to coverage as an additional insured under a contractor’s policy because the two companies did not enter into a direct contract. Read the court decision
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Reprinted courtesy of Richard W. Brown, Saxe Doernberger & Vita, P.C.
Mr. Brown may be contacted at rwb@sdvlaw.com

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NYC’s Developers Plow Ahead With Ambitious Plans to Reshape City

May 03, 2021 — Patrick Clark & Natalie Wong - Bloomberg
New York City’s builders have had a curious reaction to a pandemic that emptied Manhattan’s office towers, shuttered restaurants and kept tourists home. Over the past year, as scores of businesses closed and many residents beat it out of town, developers doubled-down on visions of steel-and-glass grandeur, hatching plans that could transform the city. Vornado Realty Trust recently said it will demolish the Hotel Pennsylvania and add an office tower taller than 1,200 feet (366 meters) at the site by Madison Square Garden. Near Grand Central Terminal, giant towers are sprouting, including a project to redevelop the Grand Hyatt next to the transit hub. The developers are proposing a 1,600-foot skyscraper that would be among the tallest in the Western Hemisphere. Read the court decision
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Reprinted courtesy of Patrick Clark & Natalie Wong, Bloomberg

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Multisensory Marvel: Exploring the Innovative MSG Sphere

August 14, 2023 — Aarni Heiskanen - AEC Business
The U.S. entertainment industry keeps amazing me. The first Disneyland opened in 1955, and ever since the industry has created experiences that amazingly combine architecture and technology. The latest example is the MSG Sphere which will open its doors in Las Vegas, Nevada, on September 29, 2023. It is a large-scale immersive entertainment space hosting various events, concerts, competitions, and residencies from the world’s biggest artists. The world’s largest spherical structure The MSG Sphere was initially a partnership between the Madison Square Garden Company (MSG) and Las Vegas Sands Corporation, which Apollo Global Management later replaced. The project’s final construction costs were $2.3 billion. 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

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Pennsylvania “occurrence”

December 30, 2013 — Scott Patterson — CDCoverage
In Indalex Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, 2013 WL 6237312 (Pa. Super. 2013), insured Indalex was sued in multiple underlying actions, filed in states other than Pennsylvania, alleging that Indalex defectively designed or manufactured windows and doors resulting in leaks causing damage beyond the Indalex product, including mold, wall cracks, and personal injuries. The complaints included strict liability, negligence, breach of warranty, and breach of contract causes of action. After Indalex’s primary CGL policies exhausted, Indalex filed a declaratory judgment action against its umbrella insurer National Union. Read the court decision
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Reprinted courtesy of Scott Patterson
Scott Patterson can be contacted at cdcoverage.com

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New Orleans Drainage System Recognized as Historic Civil Engineering Landmark

May 29, 2023 — The American Society of Civil Engineers
NEW ORLEANS, La. – The American Society of Civil Engineers (ASCE) today recognized the New Orleans Drainage System in New Orleans, Louisiana as a Historic Civil Engineering Landmark. The project was innovative and largely unprecedented for its time, and the first portions came online in the year 1900. The system now consists of 22 drainage pumping stations and 1,200 miles of network drains, as well as green infrastructure elements to manage stormwater runoff. The infrastructure is largely credited for making the existence of New Orleans possible, and the improved drainage and reduction in standing water contributed to better public health and reduced the number of malaria and typhoid deaths in the early 20th century. New Orleans' position near the mouth of the Mississippi River made it a vital city for trade and commerce in the U.S. economy since the early 1800s, despite its problematic natural environment. The city was perched along the banks of the Mississippi River and next to Lake Pontchartrain, surrounded by swamps. Improvements to levee systems prevented the city from being inundated with flooding from the river, but rainfall became a pervasive issue as the city's population grew in the 1870s. The drainage system was first proposed in 1876 to replace primitive "drainage machines," steam-powered paddle wheels that moved water runoff into canals that led to Lake Pontchartrain. The existing system was inefficient and could not handle the frequent, heavy tropical rain New Orleans experiences and could not lift water sufficiently to drain the city. After several proposals, construction on the current drainage system started in 1897, and the first portions of the system came online in 1900. The system drains stormwater through pipes and canals to reach drainage pump stations which expel the water into several bodies of water surrounding the city. Engineers have repeatedly expanded and enlarged the drainage system, including a massive investment in the drainage system authorized by the Southeast Louisiana Urban Flood Control Project and approved by Congress in 1996. The Sewerage and Water Board's green infrastructure plan is a critical partner and complement to the drainage system today. The New Orleans Drainage System's design has inspired water management system design in communities around America and worldwide. In Southeastern Florida, water management systems using pumps and canals divert excess water away from heavily populated areas during heavy rain, including tropical storms and hurricanes. Engineers in Kolkata, India and Shanghai, China have also used drainage and pumping systems like the ones in New Orleans to assist with water management. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. Read the court decision
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Sobering Facts for Construction Safety Day

April 28, 2014 — Melissa Dewey Brumback – Construction Law in North Carolina
Happy “Construction Safety Day” everyone! James White of Maxwell Systems, has shared with me an infographic showing all sorts of data about construction fatalities. As you might expect, falls are the #1 source of construction-site fatalities, followed by being struck by falling objects, electrocution, and being caught between objects, in that order. Together, these “fatal four” make up 57% of all construction worker deaths. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Construction Law in North Carolina
Ms. Brumback may be contacted at mbrumback@rl-law.com

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