Fairfield Connecticut Building Expert Directory

25 Days After Explosion, Another Utility Shuts Off Gas in Boston Area

October 30, 2018 — Johanna Knapschaefer - Engineering News-Record
Three hundred thirty-nine homes in Woburn, Mass., were without power on Oct. 8 after National Grid shut off gas meters following the inadvertent over-pressurization of the natural gas line on Oct. 8, according to the Woburn Fire Dept. Read the court decision
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Reprinted courtesy of Johanna Knapschaefer, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Colorado Court Holds No Coverage for Breach of Contract Claim

March 14, 2018 — Traub Lieberman Straus & Shrewsberry LLP
In its recent decision in Ctr. For Excellence in Higher Ed., Inc. v. Travelers Prop. Cas. Co. of Am., 2018 U.S. Dist. LEXIS 25424 (D. Col. Feb. 16, 2018), the United States District Court for the District of Colorado had occasion to consider whether a breach of contract claim could qualify for coverage under a general liability policy. Read the court decision
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Reprinted courtesy of Traub Lieberman Straus & Shrewsberry LLP

Orange County Team Obtains Unanimous Defense Verdict in Case Involving Failed Real Estate Transaction

March 25, 2024 — Lewis Brisbois Newsroom
Orange County, Calif. (March 4, 2024) - Orange County Partners Esther P. Holm and Alexandra Anast obtained a unanimous defense verdict in a real estate matter involving a failed real estate transaction. The property at issue, which was located in the West Hollywood Hills and had beautiful views, was undergoing extensive remodeling. There were several bids for its purchase. Ultimately, the plaintiff, a real estate investor, was awarded the purchase. The plaintiff and the seller entered into a real estate purchase agreement, but the plaintiff failed to release the physical contingencies within the 17-day period prescribed by the contract. Instead, the plaintiff demanded a reduction in price, which the seller rejected. The plaintiff then filed a lis pendens on the property, clouding the title and making it impossible for the sellers to sell the property to anyone else. The buyer and seller subsequently engaged counsel. The plaintiff filed the lawsuit against the seller as well as the real estate company and its agents. Prior to trial, the plaintiff and the seller reached a settlement. Read the court decision
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Reprinted courtesy of Lewis Brisbois

California Supreme Court Protects California Policyholders for Intentional Acts of Employees

July 02, 2018 — William S. Bennett – Saxe Doernberger & Vita P.C.
Recently, the California Supreme Court ruled that liability insurers are obligated to cover negligent supervision, hiring, and retention claims against employers resulting from the intentional acts of their employees. The case, Liberty Surplus Insurance v. Ledesma & Meyer Construction, case no. S236765 (2018), involved an insurance coverage dispute between a construction company, Ledesma & Meyer Construction (“L&M”), and its insurers, Liberty Insurance Underwriters, Inc. (“Liberty”) and Liberty Surplus Insurance Corp (“Liberty Surplus”). Liberty was L&M’s primary insurer, while Liberty Surplus had the excess policy. L&M had contracted with the San Bernardino Unified School District to renovate a school building while the school was still in session. In a separate action, another court found that an L&M employee sexually assaulted a 13-year-old student while working at the project. Read the court decision
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Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita P.C.
Mr. Bennett may be contacted at wsb@sdvlaw.com

Note on First-Party and Third-Party Spoliation of Evidence Claims

October 30, 2018 — David Adelstein - Florida Construction Legal Updates
In an earlier posting, I talked about spoliation of evidence. This posting discussed first-party spoliation of evidence which is where a party in a lawsuit has destroyed or lost potentially important documents or evidence. This type of spoliation of evidence does not give rise to an affirmative claim, but could be addressed by the trial court imposing sanctions or giving the devastating adverse inference jury instruction. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Is a Violation of a COVID-19 Order the Basis For Civil Liability?

April 20, 2020 — Robert Devine, James Burger & Douglas Weck - White and Williams
Thinking about ignoring your state or local COVID-19 shutdown orders? Think again. Social-distance measures may create a new source of liability for businesses operating during the COVID-19 pandemic. Infection-based litigation is normally limited to businesses operating in the healthcare sector. But, social-distancing measures to stop the spread of infection may expand that litigation to other sectors. State and local governments across the country are taking extraordinary measures to combat the spread of COVID-19, a novel coronavirus that can cause life-threatening respiratory illness. Those measures encourage and even mandate “social distance” between people to limit physical transmission of the virus. Hard-hit states like New York, New Jersey, Pennsylvania and California have been aggressive in their responses, shuttering businesses, confining people to their homes, and requiring people to stay six feet apart. Common mandates include: quarantines, business and school closures, stay-home orders, curfews, travel restrictions, occupancy limits and physical-distance mandates, among other things. Reprinted courtesy of White and Williams attorneys Robert Devine, James Burger and Douglas Weck Mr. Devine may be contacted at deviner@whiteandwilliams.com Mr. Burger may be contacted at burgerj@whiteandwilliams.com Mr. Weck may be contacted at weckd@whiteandwilliams.com Read the court decision
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Report: Construction Firms Could Better Protect Workers From Noise Hazards

April 17, 2019 — Joanna Masterson - Construction Executive
Given that about three-quarters of construction workers are exposed to noise levels above the recommended limit, 83 percent of the 237 contractors surveyed for a new Dodge Data & Analytics SmartMarket Brief say they’ve purchased quieter equipment, yet well over half of those firms report their company could do better. Additionally, 85 percent of contractors report using hearing protection onsite more than 50 percent of the time, yet less than half say they always use it, suggesting a significant opportunity for improvement in the industry. Digging deeper, the survey determined small companies lag behind large and midsize ones in the use of hearing protection. Also, half of general contractors report always using hearing protection, compared to about one-third of trade contractors. Reprinted courtesy of Joanna Masterson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Wildfire Insurance Coverage Series, Part 2: Coverage for Smoke-Related Damages

July 03, 2022 — Scott P. DeVries & Yosef Itkin - Hunton Insurance Recovery Blog
For many policyholders, smoke emanating from wildfire causes as much if not more damage than the fire itself. In this post in the Blog’s Wildfire Insurance Coverage Series, we discuss damages caused by smoke emanating from wildfires. Some insurers argue that policies are limited to fire damage to the insured property and do not include smoke damage associated with nearby fires. A treatise frequently cited by insurers states otherwise: “The concept that fire insurance covers non-fire damage which is the proximate result of fire finds application also when the fire occurs on other property and causes harm to the insured property. In such case, the harm to the insured property, even though it is a non-fire harm, has long been recognized to be the result of fire, and, therefore, within the policy coverage.”[1] Reprinted courtesy of Scott P. DeVries, Hunton Andrews Kurth and Yosef Itkin, Hunton Andrews Kurth Mr. DeVries may be contacted at sdevries@HuntonAK.com Mr. Itkin may be contacted at yitkin@HuntonAK.com Read the court decision
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