Fairfield Connecticut Building Expert Directory

Reminder: Your Accounting and Other Records Matter

July 30, 2015 — Christopher G. Hill – Construction Law Musings
Recently, I’ve posted on mechanic’s lien changes, mediation and other more “legal” topics here at Construction Law Musings. Today’s post is a practical one and one that will help your friendly neighborhood construction attorney greatly should a dispute arise. The tip for this week? Keep clean accounting and other records by construction job and in an organized fashion. This tip seems like a simple one, but I run into situations where the accounting on jobs, contracts, invoices and other key documents for a project are either missing or haphazardly kept. In the best of these cases, I have to spend additional time (read attorney fees) to attempt a recreation of the job costs and flow of the project. In the worst, I have had to either release or avoid filing what could have been a valid mechanic’s lien because timing could not be determined from the records. I also thank my friend Craig Martin for another unfortunate horror story of poor accounting that should be a warning to us all. Read the court decision
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Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Coverage Denied for Ensuing Loss After Foundation Damage

February 07, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The insureds attempt to secure coverage for ensuing losses after foundation damage was properly denied by the insurer. Walker v. Nationwide Prop. & Cas. Ins. Co., 2014 U.S. Dist. LEXIS 6683 (W.D. Tex. Jan. 6, 2014). Two provisions excluding coverage under Nationwide's homeowner's policy were key to the court's decision. Exclusion 3 (e) barred coverage for "continuous or repeated seepage or leakage of water or stem over a period of time . . . ." Exclusion 3 (f) (6) precluded coverage for settling, cracking, shrinking, bulging or expansion of pavements, patios, foundations, walls, floors, roof or ceiling. The policy also included a Dwelling Foundation Endorsement which covered settling, cracking, bulging of floor slabs or footings that supported the dwelling caused by seepage or leakage of water or steam. This endorsement stated the limit of liability would not exceed an amount equal to 15% of the limit of coverage for the dwelling. 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

Haight’s Sacramento Office Has Moved

April 17, 2019 — Haight Brown & Bonesteel LLP
Haight Brown & Bonesteel LLP has moved its Sacramento office to a new location. Effective March 18, 2019, Haight’s new Sacramento office address is: 500 Capitol Mall Suite 2150 Sacramento, CA 95814 916.702.3200 F: 916.570.1947 Read the court decision
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Reprinted courtesy of Haight Brown & Bonesteel LLP

Sanctions of $1.6 Million Plus Imposed on Contractor for Fabricating Evidence

March 16, 2017 — Paul R. Cressman, Jr.
King County Superior Court issued sanctions of $1,641,721 in favor of Gefco and against Cascade Drilling, Inc. and its President, Bruce Niermeyer, composed of $1,394,435 in attorneys’ fees and $247,286 in expert fees. [i] Cascade Drilling is a contractor. Gefco manufactures and sells large drilling machinery. The dispute centered around a project that began in 2008. Cascade was hired to drill a water well at a housing development in Wheeler Canyon, California. Cascade used a 50K drilling rig purchased from Gefco. The pump drive shafts on the drilling rig failed four times. After each failure, Cascade ordered a replacement pump drive shaft from Gefco. In September 2008, Cascade ordered drilling equipment for an unrelated drilling rig from Gefco, but did not pay Gefco. Gefco then sued to collect. Cascade admitted not paying, but asserted counterclaims alleging that Gefco was indebted to Cascade for non-conforming and defective goods, including the replacement pump drive shafts purchased from Gefco for the Wheeler Canyon project. Read the court decision
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Reprinted courtesy of Paul R. Cressman, Jr., Ahlers & Cressman PLLC
Mr. Cressman may be contacted at pcressman@ah-lawyers.com

Spreading Cracks On FIU Bridge Failed to Alarm Project Team

May 20, 2019 — Scott Judy & Richard Korman - Engineering News-Record
On the morning of last year’s Florida International University pedestrian bridge collapse, when the engineer of record assured project team members that there were no safety risks related to cracks propagating across a part of the unusual single-truss structure, other project team members voiced mild concern, but no alarm. In hindsight, considering that the bridge had no inherent structural redundancy as it sat, incomplete, straddling a busy highway—and would suffer a sudden, catastrophic and deadly collapse just hours later—the team’s lack of urgency remains puzzling, say engineering experts contacted by ENR for comment. Reprinted courtesy of Scott Judy, ENR and Richard Korman, ENR Mr. Judy may be contacted at mailto:judys@enr.com Mr. Korman may be contacted at kormanr@enr.com Read the court decision
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EPC Contractors Procuring from Foreign Companies need to Reconsider their Contracts

July 18, 2018 — Hwan Kim – Construction & Infrastructure Law Blog
A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. In Rockefeller Technology Investments (Asia) VII v. Changzhou SinoType Technology Co., Ltd., the California Court of Appeal held that parties may not contract around the formal service requirements of the Convention on the Service Abroad of Judicial and Extrajudicial Documents, commonly referred to as the Hague Service Convention. The decision could have profound implications for international business. Read the court decision
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Reprinted courtesy of Hwan Kim, Sheppard, Mullin, Richter & Hampton LLP
Mr. Kim may be contacted at hkim@sheppardmullin.com

Economic Waste Doctrine and Construction Defects / Nonconforming Work

February 01, 2023 — David Adelstein - Florida Construction Legal Updates
I recently did a presentation on the economic waste doctrine. It is an applicable doctrine dealing with construction defects and nonconforming work. When it comes to construction defects and nonconforming work, EVERYTHING starts with your measure of damages. How are you going to prove your damages? Next, what evidence are you going to use to prove your damages? Or, what are the defenses and how do you prove those defenses to a construction defect and nonconforming work claim including the economic waste doctrine? If you are interested in learning more, the below presentation can shed detail. However, don’t rely on the presentation in a vacuum. Work with knowledgeable construction counsel (like me!) that can best position your case whether you are the one proving construction defects and nonconforming work or the one defending against such a claim. This way, if you are arguing economic waste, you are not just throwing it out there, but you are arguing it to actually mean it! 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

ACEC Statement on Negotiated Bipartisan Debt Limit Compromise

June 05, 2023 — The American Council of Engineering Companies
Washington, D.C. – The American Council of Engineering Companies (ACEC) released the following statement applauding the negotiated bipartisan compromise to raise the debt limit ahead of the scheduled House vote tonight:

"The American Council of Engineering Companies (ACEC) applauds President Biden and Speaker McCarthy for negotiating a bipartisan compromise to raise the debt limit and avoid a catastrophic default. We are particularly pleased that the bipartisan deal protects the critical funds provided under the Infrastructure Investment and Jobs Act (IIJA) and does not include any changes to the Inflation Reduction Act's (IRA) climate and clean energy provisions, which the engineering industry is working hard to deliver successfully. ACEC also strongly supports the provisions in the deal to reform the federal permitting process. These commonsense measures to modernize the National Environmental Policy Act (NEPA), particularly through the use of digital technologies, will improve interagency collaboration and allow engineering firms to help their clients deliver project benefits more efficiently while ensuring strong environmental protections and opportunities for community and stakeholder engagement."

The American Council of Engineering Companies (ACEC) is the business association of the nation's engineering industry. Founded in 1909, ACEC is a national federation of 51 state and regional organizations representing more than 5,500 engineering firms and 600,000+ engineers, surveyors, architects, and other specialists nationwide. ACEC member firms drive the design of America's infrastructure and the built environment. Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES