Fairfield Connecticut Building Expert Directory

Was Jury Right in Negligent Construction Case?

September 30, 2011 — CDJ STAFF

Yes, said the South Carolina Court of Appeals in Pope v. Heritage Communities, Inc. Heritage Communities developed Riverwalk, a community in South Carolina. During the earlier trial, HCI “conceded that construction defects existed at Riverwalk, and repairs needed to be made.” The trial court found that the construction was negligent, awarding the property owners association $4.25 million in actual damages and $250,000 in punitive damages, with the class of owners awarded $250,000 in actual damages and $750,000 in punitive damages. HCI appealed on nine issues. All were rejected by the appeals court.

The court rejected HCI’s claim that the judge’s instruction to the jury suggested to the jury that “the court had already determined that Appellants were willful, wanton, and reckless.” But here, the appeals court found “no reversible error.”

The general contractor for Riverwalk was BuildStar. Off-site management and sale were managed by Heritage Riverwalk, Inc., which also owned title to the property. Both these companies were owned by Heritage Communities, Inc. During the trial, an HCI employee testified that “the three corporations shared the same officers, directors, office, and telephone number.” The trial court found that the three entities were amalgamated. This was upheld by the appeals court.

Nor did the appeals agree with the HCI that the trial court had improperly certified a class. The owners were seen as properly constituting a class. Further, the court held that the property owners’ losses were properly included by the trial court. HCI objected at trial to the inclusion of evidence of subsequent remedial measures, however, as they did not object that it was inadmissible, the issue could not be addressed at appeal.

HCI argued on appeal that the trial court should not have allowed evidence of defects at other HCI developments. The appeals court noted that “the construction defects at the other HCI developments were substantially similar to those experienced by Riverwalk.”

The court additionally found that the negligence claims, the estimated damages (since full damage could not be determined until all defective wood was removed), and the award of punitive damages were all properly applied.

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The Secret to Success Is Doing Things a Little Bit Differently

November 16, 2020 — Charlie Kimmel - Construction Executive
Throughout the 1960s and 1970s, Rick Barry made his mark on the world of college and professional basketball. He was a skilled small forward who averaged 37.4 points per game during his senior year at the University of Miami, and he was the second overall pick in the 1965 NBA draft. But he’s best remembered as a prolific free-throw shooter: he led the NBA in free-throw percentage for several consecutive years. When he retired in 1980, his free-throw percentage (.900) was the highest in NBA history. So what was the secret to his success? He did things a little bit differently. While the vast majority of basketball players shoot overhand free throws, Barry was famous for his unorthodox underhanded shots. This technique was not only incredibly effective, but it also set him apart as a player and contributed to his popularity. Construction companies can learn a lot from Barry’s strategy of doing things a little bit differently to achieve success. Most companies don’t need to worry about their employees’ free-throw techniques. But all of them need to set themselves apart from their competition and establish strong reputations in today’s highly competitive market. Reprinted courtesy of Charlie Kimmel, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Federal Government May Go to Different Green Building Standard

February 12, 2013 — CDJ STAFF
The federal government has expressed a commitment to environmentally sound, or “green” building practices, but now the question becomes who decides what constitutes a green building. The U.S. General Services Administration has started a public comment period on what certification program the GSA should recommend. Currently, the GSA uses the LEED standard from the U.S. Green Building Council. Although there are three green building standards, LEED, Green Globes, and the Living Building Challenge, only the first two are being seriously considered, according to a report on TriplePundit.com. The Green Globes program from the Green Building Initiative has its detractors, as some feel that the program fails to be sufficiently environmentally sound. Green Globes was created by a former lumber industry executive, Ward Hubbell, and is more permissive about woods and plastics used in construction. Hubbell defends the program, saying that the certification program is both rigorous and transparent. The U.S. Green Building Council also has its critics, and allegation have been made that LEED costs about twice as much as Green Globes in order to enrich the executives at the U.S. Green Building Council. Further, some claim that LEED certification involves lengthy delays. One architect criticized LEED, indicating that if he has questions he would “have to wait a month for a response.” The U.S. Department of Energy seems to be favoring Green Globes, as their review found it a better choice for meeting government requirements for new buildings. Conversely, the agency preferred LEED for modifying existing buildings. Read the court decision
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Lewis Brisbois’ Houston Office Selected as a 2020 Top Workplace by the Houston Chronicle

December 21, 2020 — David Oubre - Lewis Brisbois
Lewis Brisbois’ Houston office was recently selected for inclusion in the Houston Chronicle’s 2020 Top Workplaces section. To determine the recipients of this honor, the publication surveyed more than 37,000 Houston-area employees regarding their organization’s leadership, cooperation, communication, work-life balance, pay, and benefits. Based upon the employees’ feedback, the publication selected its Top Workplaces winners and announced them during a virtual awards ceremony in November. Houston Office Administrator Kristi Kraeger expressed excitement concerning this honor, explaining, “In the two years I have been with Lewis Brisbois, we have more than doubled in size. We have created a friendly, professional, team-oriented environment, and we strive to provide growth and opportunity to our employees.” Read the court decision
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Reprinted courtesy of David Oubre, Lewis Brisbois
Mr. Oubre may be contacted at David.Oubre@lewisbrisbois.com

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

GRSM Named Among 2025 “Best Law Firms” by Best Lawyers

December 23, 2024 — Gordon Rees Scully Mansukhani
Gordon Rees Scully Mansukhani has been recognized in the 2025 "Best Law Firms" survey published by Best Lawyers. To be eligible for a 2025 ranking, a law firm must have at least one lawyer recognized in the 2025 edition of the Best Lawyers in America in a "Best Law Firms" practice area and geographic jurisdiction. GRSM announced earlier this year that 166 lawyers were recognized in the 2025 edition of Best Lawyers in America®, while 74 lawyers were named to the 2025 edition of Best Lawyers: Ones to Watch. Explore the full list of GRSM recognized attorneys. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Prior results do not guarantee a similar outcome. For details about Best Law Firms' methodology, please click here. The firm received National "Tier 1" rankings in the following areas:

Admiralty and Maritime Law
Commercial Litigation
Construction Law
Insurance Law
Litigation – Construction
Mass Tort Litigation / Class Actions – Defendants

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Buildings Don't Have To Be Bird-Killers

February 07, 2022 — Alexandra Lange - Bloomberg
The narrow stretch that separates Quay Tower from a thatch of bamboo and oaks in Brooklyn Bridge Park doesn’t look like much, especially in winter. Unless you’re a bird. To a bird, the copper-colored building’s glass is a mirror, reflecting the thick grove of trees and suggesting that the wilderness continues across the road. To a bird, that can be a deadly mistake. “You see that reflection? To a bird that looks like a tree, that is a tree, and they will go right for the tree,” says Catherine Quayle, social media director at the Wild Bird Fund. The surprising uptake of birding as a pandemic hobby, along with social media and data collection tools like eBird and dBird, has created new visibility for bird collisions with glass, which kill as many as 1 billion birds in the U.S. per year. At the same time, a new generation of urban parks has given birds more places to roost in highly populated areas. But something else has followed these parks as well: real estate capital. The vogue for urban parks creates more economic impetus to build shiny buildings with big windows opposite those urban wetlands, glades and groves. Read the court decision
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Reprinted courtesy of Alexandra Lange, Bloomberg

Harmon Towers Demolition Still Uncertain

January 23, 2013 — CDJ STAFF
It would be a "gift" to MGM Resorts if they were able to tear down the Harmon Tower, according to an article in the New York Times, as analysts are cited that a hotel would "struggle during this economic downturn." Further, William Robinson, a professor of economics at the University of Nevada, Las Vegas, noted that "MGM has tried to cut back on the whole project," adding that "if you are a conspiracy theorist, you thin they are just looking for a way to get out of it." Professor Robinson thinks they would be unlikely to rebuild if allowed to tear down the building. MGM Resorts has a different take on the matter. Alan M. Feldman, MGM's senior vice president for public affairs, told the New York Times that MGM "had a contract with Perini that we would pay them to give us a certain kind of building type — in this case a luxury hotel." Mr. Feldman contends that Perini had not "kept up their part of the bargain." Perini has stated that the fault was due to the designers and did not comment to the Times. The claims of design and construction defects have left the building unfinished, with only twenty-six of the planned forty-nine floors constructed. Perini contends the building can still be repaired. MGM that its remediation plan is "to take the building down." Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES