Fairfield Connecticut Building Expert Directory

Arguing Cardinal Change is Different than Proving Cardinal Change

April 05, 2021 — David Adelstein - Florida Construction Legal Updates
The cardinal change doctrine has become a popular doctrine for a contractor to argue under but remains an extremely difficult doctrine to support and prove. Arguing cardinal change is one thing. Proving cardinal change is entirely different. As shown below, this is a doctrine with its origins under federal government contract law with arguments extending outside of the federal government contract arena. For this reason, the cases referenced below are not federal government contract law cases, but are cases where the cardinal change doctrine has been argued (even though these cases cite to federal government contract law cases). A party argues cardinal change to demonstrate that the other party (generally, the owner) materially breached the contract based on the cardinal change. In reality, a party argues cardinal change because they have cost overruns they are looking to recover and this doctrine may give them an argument to do so. But it is important to recognize the distinction between raising it as an argument and the expectation that this (difficult doctrine to prove) will carry the day. 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

How the Science of Infection Can Make Cities Stronger

November 13, 2023 — Carlo Ratti & Michael Baick - Bloomberg
Earlier this year, a group of European researchers published a study with a scorching conclusion: As climate change makes heat waves more prevalent across the continent, the city most vulnerable to excess heat deaths is not a warm southern metropolis, but the relatively cool city of Paris. Why? In part, the reason is that historically hotter cities have developed adaptations for dealing with extreme heat, from the shady architecture of Palermo to the siestas of Madrid. That leaves Paris at the bottom of a deadly learning curve. This is just one urgent example of why cities need to talk. The world has an incredible stockpile of effective urban policies, but the best ideas are not being adopted quickly or widely enough. Covid-19 taught us all how to slow the spread of viruses: wear masks, avoid large gatherings and take vaccines. To speed the spread of good ideas, we need to take the opposite tack by making urban solutions go viral. Reprinted courtesy of Carlo Ratti, Bloomberg and Michael Baick, Bloomberg Read the court decision
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Social Distancing and the Impact on Service of Process Amid the COVID-19 Pandemic

April 13, 2020 — Robert Devine, James Burger & Susan Zingone - White and Williams
Service of process usually requires person-to-person contact and is an essential part of civil procedure. It notifies the defendant of the legal proceedings against him/her and establishes jurisdiction. “Process” refers to the documents that must be served on a defendant. If service of process is not performed pursuant to the governing rules of civil procedure, a lawsuit cannot proceed. Service of Process in NJ and PA Personal service is required to be the first attempted means of service in New Jersey. If personal service is not successful, then service may be made by mailing a copy of the process via registered or certified mail with return receipt requested to the defendant’s usual place of abode or business/place of employment, or to an authorized agent. The party attempting to serve the defendant by mail can choose to mail the process by regular mail as well, and if the defendant refuses to accept or claim the registered or certified copy, and the regular mail copy is not returned, then service is considered effectuated. Pennsylvania allows for a defendant to be served via personal service by handing a copy to the defendant or by delivering a copy to an adult family household member at the defendant’s residence. Pennsylvania also permits service of process by mail. Process can be served by mail requiring a signature of the defendant. If the mail is unclaimed, alternative service must be attempted. Reprinted courtesy of White and Williams attorneys Robert Devine, James Burger and Susan Zingone Mr. Devine may be contacted at deviner@whiteandwilliams.com Mr. Burger may be contacted at burgerj@whiteandwilliams.com Ms. Zingone may be contacted at zingones@whiteandwilliams.com Read the court decision
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More Broad-Based Expansion for Construction Industry Expected in 2015

January 07, 2015 — Garret Murai - California Construction Law Blog
It’s a short week for most of us this week. Christmas is over and New Year’s is approaching. So, what will 2015 bring us? According Dodge Data & Analytics’s 2015 Dodge Construction Outlook: Continuing expansion of the construction sector, but one that is more broad-based than in recent years. “The economic environment going forward carries several positives that will help to further lift total construction starts,” said Robert Murray, Chief Economist and Vice President at Dodge Data & Analytics. “Financing for construction projects is becoming more available, reflecting some easing of bank lending standards, a greater focus on real estate development by the investment community, and more construction bond measures getting passed. While federal funding for construction programs is still constrained, states are now picking up some of the slack. Interest rates for the near term should stay low, and market fundamentals (occupancies and rents) for commercial building and multifamily housing continue to strengthen.” Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Flint Water Crisis and America’s Clean Water Access Failings

June 28, 2021 — Pam Radtke Russell - Engineering News-Record
Growing up on a Navajo reservation in Arizona, Jay Yazzie, now a senior environmental engineer at Brown and Caldwell, did not have running water in his home. To get its water supply, the family would take a 55-gallon drum to a livestock well or to a distribution point to obtain potable water for everyday use. He was 10 when his family was finally hooked up to a reliable supply. Reprinted courtesy of Pam Radtke Russell, Engineering News-Record Ms. Russell may be contacted at Russellp@bnpmedia.com Read the full story... Read the court decision
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Insurer Liable for Bad Faith Despite Actions of Insured Contributing to Excess Judgment

January 02, 2019 — Tred R. Eyerly - Insurance Law Hawaii
Reversing the intermediate appellate court, the Florida Supreme Court held the insurer liable for bad faith despite imperfect actions by the insured. Harvey v. GEICO Gen. Ins. Co., 2018 Fla. LEXIS 1705 (Fla. Sept. 20, 2018). Insured James Harvey was involved in an auto accident in which the other driver, 51 year old John Potts, was killed. Harvey's vehicle was registered in both his name and his business's name, and was covered under a $100,000 liability policy. Harvey reported the accident to his insurer, GEICO. The claim was assigned to a claims adjuster, Fran Korkus. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Water Seepage, Ensuing Mold Damage Covered by Homeowner's Policy

August 13, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The appellate court reversed the trial court's determination that the policy covered only mold damage, but not damage caused by water seepage. Henderson v. Georgia Farm Bureau Mut. Ins. Co., 2014 Ga. App. LEXIS 539 (Ga. Ct. App. July 16, 2014). The homeowner's policy covered losses caused by constant seepage or leakage of water or the presence of condensation or moisture over a period of time. The insureds also paid for additional coverage for "ensuing mold . . . caused by or resulting from" one of the covered risks, including water seepage. Ms. Henderson discovered a puddle of water in her kitchen and contacted Georgia Farm Bureau. The insurer's contractor tore out a section of the floor, but found no other problems of water seepage. Later, the Hendersons removed another part of the floor and discovered standing water and black mold underneath. The Hendersons had to vacate their house for one year. 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

Denver Airport's Renovator Uncovers Potential Snag

March 04, 2019 — Nadine M. Post - Engineering News-Record
The renovation of the Great Hall of Denver International Airport’s iconic Jeppesen Terminal, roofed by a series of peaked tensile tents that echo the nearby mountains, has hit a bump. Routine but limited concrete testing of the nearly quarter-century-old terminal’s elevated floor slab, to determine whether the floor could support crane loads, shows the compressive strength of the concrete in certain sections is lower than was specified for the original project, more than 25 years ago. Read the court decision
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Reprinted courtesy of Nadine M. Post, ENR
Ms. Post may be contacted at postn@enr.com

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