FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

New Jersey Traffic Circle to be Eliminated after 12 Years of Discussion

February 04, 2014 — Beverley BevenFlorez-CDJ STAFF
The online publication New Jersey.com reported that on February 6th a “Pre-Construction Public Information hearing” will be held in Little Ferry, New Jersey, to discuss “the upcoming Route 46 Circle Elimination construction project.” The project includes “installation of a storm water pump station” as well as reconfiguring the circle into “a conventional four-way signalized intersection with a brand new traffic signal.” Conti Enterprises of Edison was awarded the bid “at a cost of $33,837,739,” according to New Jersey.com. The project, which has been discussed for over a decade, stalled over combining the elimination of the traffic school with rehabilitation of a bridge. Improvements include “replacing of the entire bridge deck, structural steel member replacement and strengthening, sidewalk replacement on both sides of the structure and substructure patching, crack sealing and reconstruction where needed.” The informational meeting will introduce the public to the engineer and contractor for the project. "This information session will help residents learn more about the project and what to expect as the state undertakes this work," Little Ferry Mayor Mauro Raguseo told New Jersey.com. "I wish we could fast forward to the completion of the project so we can realize the benefits without the headaches, but that's not reality. We all need to be prepared." Read the court decision
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An Uncharted Frontier: Nevada First State to Prohibit Defense-Within-Limits Provisions

July 10, 2023 — Geoffrey B. Fehling & Andrew S. Koelz - Hunton Insurance Recovery Blog
Nevada recently became the first state to prohibit defense-within-limits provisions in liability insurance policies. Defense-within-limits provisions—resulting in what’s called “eroding” or “wasting” policies—reduce the policy’s applicable limit of insurance by amounts the insurer pays to defend the policyholder against a claim or suit. These provisions are commonly included in errors and omissions (E&O), directors and officers (D&O) and other management liability policies. This is in contrast to other policies, most commonly commercial general liability policies, which provide defense “outside of limits” where defense costs do not reduce the policy’s limit. Reprinted courtesy of Geoffrey B. Fehling, Hunton Andrews Kurth and Andrew S. Koelz, Hunton Andrews Kurth Mr. Fehling may be contacted at gfehling@HuntonAK.com Mr. Koelz may be contacted at akoelz@HuntonAK.com Read the court decision
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Catch 22: “If You’re Moving Dirt, You Need to Control Your Dust” (But Don’t Use Potable Water!)

February 18, 2015 — Stephen McKae – California Construction Law Blog
Returning from an Oregon vacation this past Summer along I-5, I found frequent reminders of the extraordinary drought conditions prevailing across California. A grey smoky gloom blanketed the California-Oregon border from Ashland to Weed from at least five wildfires. The prediction of rains in the north state was more curse than blessing as lightning threatened to touch off tender-dry fuel in the forests and start more fires. Farmers tilling fields produced massive dust clouds. And under the I-5 bridge along the Sacramento River arm of Lake Shasta, the lake had receded to the original streambed. On NOAA’s Palmer Drought Severity Index, nearly all of California is listed as in a condition of extreme or severe drought, and the Governor has issued a Proclamation of Continued State of Emergency requiring water conservation measures affecting all California residents. Indeed, early August news reports indicate that hopes of relief from an El Nĩno year are waning. The State Water Resources Control Board’s Emergency Regulation No. 2014 issued July 15 mandates action to reduce water use and require larger water suppliers to activate their Water Shortage Contingency Plan. The emergency regulation will remain in effect until April 25, 2015 unless extended due to ongoing drought conditions. Read the court decision
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Reprinted courtesy of Stephen McKae, Wendel Rosen Black & Dean LLP
Mr. McKae may be contacted at smckae@wendel.com

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No Retrofit without Repurposing in Los Angeles

October 21, 2013 — CDJ STAFF
The Los Angeles Times has continued its series on the seismic safety of buildings in downtown Los Angeles. According to the article, Los Angeles only requires seismic retrofits of buildings if their purpose is being changed. One investor, Izak Shomof, bought a residential hotel and kept it as one to avoid retrofitting the building. He converted an office building to upscale residences and so the building was strengthened. His son, Eric Shomof, keeps an office in the unreinforced building. He said if more retrofitting were required, “you’d see a lot more vacant buildings down here,” describing the process as “not cheap.” Depending on whether or when a building has changed its use, the concrete buildings of downtown Los Angeles may or may not be protected against failure in an earthquake. Read the court decision
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Labor Shortage Confirmed Through AGC Poll

November 26, 2014 — Craig Martin – Construction Contractor Advisor
Over 1,000 contractors participated in Associated General Contractors’ (“AGC”) survey asking whether they were facing a labor shortage. AGC crunched the numbers and provided an Analysis of its survey. The survey revealed that 83% of construction firms were having trouble finding qualified workers. This survey certainly confirmed comments from construction firms in and around Omaha. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

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Unlicensed Contractors Nabbed in Sting Operation

September 09, 2011 — CDJ STAFF

The California State License Board charged sixteen people in the Fresno area with accepting contracting jobs without licenses. The Statewide Investigative Fraud Team of the CSLB set up a sting operation at a home in Clovis, California seeking bids on tree service, painting, and general contracting services. Those who bid for jobs at more than $500 are required under California law to be licensed. Unlicensed contractors can only work on jobs with a cost to the homeowner of less than $500 and must inform the homeowner that they are not licensed.

In addition to citing contractors for not possessing appropriate licenses, the CSLB also cited contractors for failure to carry workers compensation insurance and illegal advertising. Further, California law limits down payments to the lesser of ten percent or $1,000. Two contractors were cited for requesting excessive down payments.

One contractor, an unlicensed tree service contractor, had been cited previously in a sting operation. He failed to show up for his court date.

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Haight Expands California Reach – Opens Office in Sacramento

October 21, 2015 — Haight Brown & Bonesteel, LLP
Haight Brown & Bonesteel LLP is excited to announce that the firm has opened an office in Sacramento with the addition of two new attorneys – Elizabeth W. Lawley has joined as Managing Partner for the Sacramento office and Gino Cano as Senior Counsel. Lawley and Cano bring their thriving practices to Haight with expertise in construction law and general liability matters. With the addition of Sacramento, Haight now has six offices throughout the State of California. Our footprint and ability to provide exceptional service is greatly expanded. Haight Brown & Bonesteel LLP 2485 Natomas Park Drive Suite 450 Sacramento, CA 95833 www.hbblaw.com Read the court decision
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Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

December 08, 2016 — Erica Stutman – Snell & Wilmer Real Estate Litigation Blog
If you own property and a tenant wrongfully refuses to vacate the premises (for example when the lease expires or after proper written notice of termination), you may have a quick and easy remedy to have the tenant removed. Arizona’s forcible entry and detainer (FED) statute allows a person to bring a speedy, summary action to obtain an order that the person must leave the property immediately. See A.R.S. § 12-1171 – 1183. To allow for quick resolution, the only question a court may consider in a FED action is who has the right of possession of the property. A.R.S. § 12-1177(A) (“On the trial of an action of forcible entry or forcible detainer, the only issue shall be the right of actual possession and the merits of title shall not be inquired into.”). Counterclaims and cross-claims are not permitted in a FED action, and must be addressed in a separate civil action between the parties. If factual questions bear on the right of possession, they will also need to be resolved in a regular civil action. Read the court decision
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Reprinted courtesy of Erica Stutman, Snell & Wilmer
Ms. Stutman may be contacted at estutman@swlaw.com

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