Fairfield Connecticut Building Expert Directory

Blog: Congress Strikes a Blow to President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673

March 22, 2017 — John P. Ahlers - Ahlers & Cressman PLLC
On October 25, 2016, the Federal Acquisition Regulatory Council (FAR Council) and the U.S. Department of Labor implemented former President Obama’s Executive Order 13673: “Fair Pay and Safe Workplaces” rules. The rules became effective on October 25, 2016 and fundamentally altered the way federal contractors and subcontractors will need to handle and resolve employment and labor claims, as well as compliance issues involving their entire workforce. The final rules can also result in otherwise-capable companies being “blacklisted” and effectively barred from federal contracts and subcontracts based on labor and employment law violations related or unrelated to prior or current federal contract performance. The centerpiece of the new regulatory scheme was the new disclosure and responsibility requirements. Contractors and subcontractors needed to disclose all “labor law decisions” that they had during the three years (prior to bid submission) as part of the process of applying for a new federal contract or subcontract. If a contractor or subcontractor has too many “labor law decisions” to report or the few it has are too severe, pervasive, repeated, or willful in the eyes of the government “experts,” the company could be deemed “non-responsible” and denied a contract. Read the court decision
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Reprinted courtesy of John P. Ahlers, Ahlers & Cressman PLLC
Mr. Ahlers may be contacted at jahlers@ac-lawyers.com

Is Safety Compliance Putting Your Project in Jeopardy? Examining the Essentials of DOE’s Worker Safety and Health Program

July 02, 2024 — Lucas T. Daniels & Benjamin J. Hochberg - ConsensusDocs
Most contractors are familiar with the myriad of labor and safety regulations intended to safeguard the health and safety of workers. Many contractors will be equally familiar with the maze of forms and reports, the maintenance of safety personnel, safety walks and talks, and the many other measures intended to prevent and prepare for accidents. Less known among contractors and construction industry leaders is the regulatory framework establishing safety requirements and the ramifications of ignoring safety-related rules. Knowing and understanding the jurisdiction and authority of the agencies monitoring safety compliance on your project is critical to avoiding administrative ordeals and audits that could add days or weeks to your schedule and frustrate your staff. The Department of Energy’s Worker Safety and Health Program Under the Occupational Safety and Health Act of 1970, as amended (OSH), the Department of Labor’s Occupational Safety and Health Administration (OSHA) issues and enforces occupational health and safety regulations. OSHA, or a state with approval from OSHA, regulates the occupational health and safety of private sector employees unless another federal agency has and exercises its statutory authority to regulate. Several federal agencies have developed their own safety programs and conduct their own enforcement of those regulations independent of OSHA. For example, projects receiving funding from the Department of Energy (DOE) are subject to additional oversight of their safety programs by this agency. DOE directly manages its own Worker Safety and Health Program (WSHP), codified at 10 C.F.R. § 851, et seq., and will enforce compliance with its WSHP at all DOE sites. A “DOE site” is defined as a DOE-owned or -leased area or location or other area or location that DOE controls, where a contractor performs activities and operations in furtherance of a DOE mission. This broad definition encompasses a wide range of facilities and operations, including those not directly managed by the DOE but still under its control. The contractor at such a site must be aware of the specific requirements and procedures of the DOE under the WSHP and the ramifications of violating these regulations. Reprinted courtesy of Lucas T. Daniels, Peckar & Abramson, P.C and Benjamin J. Hochberg, Peckar & Abramson, P.C Mr. Daniels may be contacted at ldaniels@pecklaw.com Mr. Hochberg may be contacted at bhochberg@pecklaw.com Read the court decision
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Disputes Over Arbitrator Qualifications: The Northern District of California Offers Some Guidance

August 10, 2021 — Justin K. Fortescue - White and Williams
The selection of an arbitration panel can often lead to disputes between the parties regarding things like whether a particular candidate is qualified, whether a challenge to an arbitrator’s qualifications can be addressed pre-award and whether a party that names an unqualified arbitrator should lose the opportunity to name a replacement. In Public Risk Innovations v. Amtrust Financial Services, No. 21-cv-03573, 2021 U.S. Dist. LEXIS 129464 (N.D. Ca. July 12, 2021), the court provided answers on all three of these issues. In Amtrust, the parties filed cross-motions to compel arbitration. Although both parties agreed the dispute was arbitrable, they disagreed about whether Public Risk Innovations, Solutions and Management’s (PRISM) arbitrator was qualified under the terms of the applicable contract. In seeking to have PRISM’s arbitrator disqualified, Amtrust argued that he: (1) was not a “current or former official of an insurance or reinsurance company”; and (2) was not “disinterested.” Amtrust also argued that because PRISM named an unqualified arbitrator (and presumably the time to appoint had passed), PRISM should be deemed to have failed to select an arbitrator as required by the contract and that Amtrust had the right to select a second arbitrator of its choice. Read the court decision
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Reprinted courtesy of Justin K. Fortescue, White and Williams
Mr. Fortescue may be contacted at fortescuej@whiteandwilliams.com

Homebuilders Opposed to Potential Change to Interest on Construction Defect Expenses

January 22, 2013 — CDJ STAFF
In 2008, the Colorado Supreme Court concluded that in calculating interest on the expense of repairing construction defects would start at the time that the defect was repaired. In 2009, the Colorado State Legislature introduced a bill that would have made homeowners eligible for interest back to the purchase date of their homes. The Colorado Springs Business Journal notes that the Colorado Springs Housing and Building Association is concerned that the legislature might take up the issue again, in which case, the HBA would oppose it. Read the court decision
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KB Homes Sues Condo Buyers over Alleged Cybersquatting and Hacking

October 22, 2013 — CDJ STAFF
Willowbrook, a condominium complex in Lakewood Ranch, Florida has had problems with water intrusion. Now the builder is having problems with some of the residents. National home builder KB Homes is alleging that a pair of Willowbrook home owners who created a web site about their problems have violated federal cybersquatting laws, as the web site names they have registered are close to that KB Homes. The suit alleges that Andrew Smith and Daniel Koehler hope to either get KB Homes to purchase the web site or to buy back their homes. The lawsuit also alleges that three other individuals, William Crismon, Patrick McGettigan, and Armando Oyola-Delgado, conspired to intercept e-mails between KB Home and Dueall Construction. KB Homes claims that the three gained access to a WiFi hotspot used by Dueall. Read the court decision
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A Brief Discussion – Liquidating Agreements

June 27, 2022 — Gerard J. Onorata - Peckar & Abramson, P.C.
During a construction project, it is not uncommon for disputes to arise between a general contractor and a subcontractor. Frequently, these disputes involve claims for extra work and delay damages that can be attributed to the owner of the project due to deficient design or unforeseen conditions. When these occasions arise, the parties can often resolve these claims without the need for litigation or arbitration by entering into a “liquidating agreement.” What is a Liquidating Agreement? Because there is no direct contractual relationship between a subcontractor and an owner, there does not exist a legal basis for a subcontractor to assert a breach of contract claim against a project owner. In legal parlance, this is known as “lack of contractual privity.” A liquidating agreement bridges this contractual gap and allows a subcontractor to pass its claim against the owner through the general contractor. Essentially, with a liquidating agreement, the general contractor acts as a conduit for passing through the subcontractor’s claim. Read the court decision
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Reprinted courtesy of Gerard J. Onorata, Peckar & Abramson, P.C.
Mr. Onorata may be contacted at gonorata@pecklaw.com

Almost Nothing Is Impossible

October 30, 2018 — Brian N. Krulick - Smith Currie
In today’s ever-changing legal and political climate, contractors are being forced to deal with events and circumstances that seemed improbable just a short time ago. These changing circumstances have led some contractors to question whether they are required to continue performing in the face of uncertainty and, in many cases, potentially large losses. The doctrines of impossibility and impracticability, if proven, can serve as powerful defenses and excuse performance of a construction contract. However, contractors should exercise great caution before relying on these defenses as an excuse for nonperformance, as the consequences of stopping work without proper justification can be disastrous. Read the court decision
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Reprinted courtesy of Brian N. Krulick, Smith Currie
Mr. Krulick may be contacted at bnkrulick@smithcurrie.com

New York Developer gets Reprieve in Leasehold Battle

March 19, 2014 — Beverley BevenFlorez-CDJ STAFF
According to The Real Deal, a “Manhattan Supreme Court judge granted an injunction in favor of Tribeca Mews developer Thurcon Properties, which is fighting to keep the leasehold on several adjacent parcels in connection with a certificate of occupancy.” In 2013, Thurcon Properties was sued by the condo board, who claimed “the certificate of occupancy was pushed back at the building due to a number of construction defects.” The Real Deal further reported that the condo board “claimed the developers sold about 10 units to an outside buyer, and took some of the proceeds for themselves.” Recently, a judge “ordered Feldman Heritage, owner of the ground lease at 125 Church and several adjacent sites, to appear in court on April 30,” because he wants the lease owner “to show why Thurcon should not be given the chance to cure the alleged lease default.” Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES