Fairfield Connecticut Building Expert Directory

Loss Caused by Subcontractor's Faulty Work Covered in Georgia

January 17, 2013 — Tred Eyerly, Insurance Law Hawaii

The Georgia Court of Appeals found a subcontractor was covered under a CGL policy for loss caused by alleged faulty workmanship. Maxum Indem. Co. v. Jimenez, 2012 Ga. App. LEXIS 970 (Ga. Ct. App. Nov. 20, 2012).

Jimenez was hired as a subcontractor to install pipes for a dormitory construction project at Georgia Southern University. Subsequent to the construction, a pipe burst occurred at the dormitory, causing damage to several units. After a jury trial, Jimenez was found liable for $191,382 in damages that arose from his negligent pipe work.

Jimenez was insured under a CGL policy issued by Maxum. Maxum filed a suit for a declaratory judgment, seeking a declaration that the claim against Jimenez was not covered.

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Reprinted courtesy of Tred Eyerly
Tred Eyerly can be contacted at te@hawaiilawyer.com

Residential Mortgage Lenders and Servicers Beware of Changes to Rule 3002.1

December 08, 2016 — James C. Vandermark & Amy E. Vulio – White and Williams LLP
This December, residential mortgage lenders and servicers will be required to comply with new requirements for providing notices of payment changes (PCNs) and post-petition fees, expenses, and charges (PPFNs) to mortgage borrowers in Chapter 13 bankruptcies. While the new Federal Bankruptcy Rule 3002.1 will provide much needed clarity, it will also significantly increase the number of PCNs and PPFNs that lenders will need to file. Reprinted courtesy of James C. Vandermark, White and Williams LLP and Amy E. Vulio, White and Williams LLP Mr. Vandermark may be contacted at vandermarkj@whiteandwilliams.com Ms. Vulpio may be contacted at vulpioa@whiteandwilliams.com Read the court decision
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New Jersey Appellate Decision Reminds Bid Protestors to Take Caution When Determining Where to File an Action

March 13, 2023 — Brian Glicos & Nicholas J. Zaita - Peckar & Abramson, P.C.
On February 21, 2023, the New Jersey Appellate Division held that University Hospital is not a “state administrative agency” and, therefore, the Appellate Division does not have original jurisdiction to determine the merits of an action commenced by an unsuccessful bidder to challenge the award of a contract. In re Protest of Contract for Retail Pharmacy Design, Constr., Start-up & Operation, Request for Proposal No. UH-P20-006, A-1667-20, 2023 WL 2125002 (N.J. Super. Ct. App. Div. Feb. 21, 2023). Pursuant to Rule 2:2-3(a)(2) of New Jersey’s Rules of Court, final decisions or actions of any state administrative agency or officer may be appealed directly to the Appellate Division as of right. Accordingly, where an unsuccessful bidder chooses to challenge the award of a contract issued by, for example, the New Jersey Department of Transportation, the unsuccessful bidder must file its action directly with the Appellate Division. On the other hand, where an unsuccessful bidder wishes to challenge a contract award made by a local municipality (among a slew of other public entities), the Superior Court Law Division maintains original jurisdiction over the dispute. Reprinted courtesy of Brian Glicos, Peckar & Abramson, P.C. and Nicholas J. Zaita, Peckar & Abramson, P.C. Mr. Glicos may be contacted at bglicos@pecklaw.com Mr. Zaita may be contacted at nzaita@pecklaw.com Read the court decision
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Harmon Towers to Be Demolished without Being Finished

October 02, 2013 — CDJ STAFF
Engineering.com looks at why the Harmon Tower in Las Vegas will be coming down at some point in the future. Construction stopped, unfinished in 2008. Taking the building down will cost about $400 million, which the building’s owner feels that the developer should pay. Inspectors concluded that the building did not meet the earthquake specifications for Las Vegas. The contractor claimed that the fault was due to the design specifications and that the supports were further weakened during destructive testing. Read the court decision
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Collaborating or Competing with Construction Tech Startups

November 15, 2017 — Aarni Heiskanen - AEC Business
I recently interviewed 20 experts and thought leaders about real estate and construction technology and innovation. Many of the interviewees talked about collaboration with startups and how to make the most of it. There’s a growing interest in construction technology. Construction tech firms have garnered $10 billion in investment funding from 2011 through early 2017, according to McKinsey & Company. AngelList, a startup and investor website, currently features over 13,000 companies with “construction” as a keyword. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at info@aepartners.fi

BLOK, a Wired UK Hottest 100 Housing Market Startup, Gets Funding from a Renowned Group of Investors

October 11, 2017 — Aarni Heiskanen - AEC Business
Blok, listed as one of the Hottest 100 European Startups by Wired UK, has secured several renowned investors to promote the company’s product development and marketing in its second round of financing. The Helsinki-based startup company aims to revolutionize the housing market through automation and artificial intelligence. Blok believes that the future of the housing market will be on the Internet, where intelligent technology is opening up new opportunities for disrupting traditional business models. Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aarni@aepartners.fi

EPA Fines Ivory Homes for Storm Water Pollution

June 26, 2014 — Beverley BevenFlorez-CDJ STAFF
“Utah’s largest home builder [Ivory Homes] has agreed to a $250,000 fine and to take several steps…to comply with Clean Water Act requirements to control pollution associated with storm-water runoff from construction sites,” reported The Salt Lake Tribune. David Broadbent, Ivory Homes’ chief operating officer, stated in an email to The Salt Lake Tribune: “We are proud of our environmental record, particularly our storm-water compliance record. We are the first and the only home builder in Utah to implement a robust, companywide program to safeguard against sediment from entering Utah waters as a result of home-building activities.” Furthermore, Broadbent declared that the “inspections that led to the violations notices” did not yield any evidence that their “home-building practices resulted in any sediment discharge in any amount, let alone harm, to Utah waters.” Read the court decision
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Time is Money. Unless You’re an Insurance Company

December 02, 2015 — Garret Murai – California Construction Law Blog
Benjamin Franklin may never have been President but he’s better known than most of them. Not least of all for his pithy quotes on a wide range of subjects:

On personal finance – “A penny saved is a penny earned.”

On education – “Tell me and I forget, teach me and I remember, involve me and I learn.”

On getting real – “In this world nothing can be said to be certain, except death and taxes.”

On guests – “Guests, like fish, begin to smell after three days.”

On lawyers – “A countryman between two lawyers is like a fish between two cats.”

On beer – “In wine there is wisdom, in beer there is freedom, in water there is bacteria.”

But if you were to pick one theme that seems to recur the most in Franklin’s quotes, it would be productivity:

“Time is money.”

“By failing to prepare, you are preparing to fail.”

“Never leave that till tomorrow which you can do today.”

“Early to bed and early to rise, makes a man happy, wealthy and wise.”
But, as the next case, Grebow v. Mercury Insurance Company, Case No. B261172, California Court of Appeals for the Second District (October 21, 2015), illustrates, sometimes the most efficient way of doing things may not necessarily be the most financially prudent way of doing things. 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

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