Fairfield Connecticut Building Expert Directory

Colorado Introduces Construction Defect Bill for Commuter Communities

January 23, 2013 — CDJ STAFF
A Colorado State Senator has introduced a bill suggesting a change to the way that construction defect claims are handled in "transit-oriented developments." And what are these? According to the bill these are "any multi-family residential or mixed-use project within one-half mile of any commuter rail stop, commuter light rail stop, or commuter bus stop." So the bill would treat homes with good public transportation differently from those not so convenient to public transportation. The bill, SB 52, would institute a right to repair for construction defects in these developments. Construction defect claims would be referred to binding arbitration. Further, construction professionals could not be sued for environmental conditions related to transit, commercial, public, or retail use. Read the court decision
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How Long is Your Construction Warranty?

February 26, 2015 — Craig Martin – Construction Contractor Advisor
The Nebraska Court of Appeals threw a wrench into the calculation of your warranty earlier this year in Adams v. Manchester Park, LLC and Southfork Homes, Inc. In that case, the court found that the statute of limitations for a warranty claim started running after the homebuilder’s warranty expired. So, the four year breach of warranty statute of limitations did not begin until after the one year homebuilder warranty expired. In this case, the homeowner purchased a home from Southfork in September, 2007. The purchase agreement provided for a one-year New Home Limited Warranty which covered material defects in workmanship and materials. The homeowner noticed cracks in the drywall and problems with windows within 6 months of the purchase. The builder told the homeowner to keep track of all the problems and they would be fixed at the yearend walk through. 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

Chimney Collapses at South African Utility’s Unfinished $13 Billion Power Plant

November 21, 2022 — Paul Burkhardt - Bloomberg
South Africa’s newest coal-fired power plant, which has been under construction since 2008 and will cost an estimated 232 billion rand ($12.7 billion), shut one of its six generating units after a duct collapsed. The unit at the Kusile plant could remain offline “for a few months” although a clearer estimate will be known over coming weeks, state-owned utility Eskom Holdings SOC Ltd. said in a statement late Wednesday. The outage comes as the country endures record blackouts -- locally known as loadshedding. The duct appeared to have sheared off from the unit’s main structure, a photo posted on Twitter by Anton Eberhard, a professor at the University of Cape Town’s Graduate School of Business, showed. Read the court decision
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Reprinted courtesy of Paul Burkhardt, Bloomberg

General Contractor’s Ability to Supplement Subcontractor Per Subcontract

July 10, 2018 — David Adelstein - Florida Construction Legal Updates
As a subcontractor, you need to appreciate that the subcontract you (more than likely) sign is going to have you bear risk associated with furnishing manpower to maintain the prime contractor’s schedule and progress. A subcontractor can factor some of this risk into the lump sum amount it agrees to in the subcontract. But, from the general/prime contractor’s perspective, it is very important that this risk is borne by the subcontractor because there is no such thing as a schedule written in stone. The baseline schedule, whether attached to the subcontract or not, will change. Activities will be re-sequenced. Activities will be added. Activities will overlap. Activity start dates and finish dates will change. It is the nature of construction. As a subcontractor, you know all of this because it is the same no matter the project. Schedules are never written in stone — they change on a regular basis. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

Time to Reform Construction Defect Law in Nevada

February 21, 2013 — CDJ STAFF
The Las Vegas Review-Journal is supporting efforts to reform the state’s construction defect laws. Although the intention was to “protect homeowners from the costs of shoddy workmanship,” they state the laws have instead “enriched lawyers and made housing more expensive.” The take the Las Vegas homeowner association scandal as a sign that reform is needed. A further sign of needed reform is that during a time when new home sales decreased, construction defect claims more than tripled. The editorial notes that “current law allows lawsuits to be brought for cosmetic imperfections that pose no risks.” Read the court decision
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Crossrail Audit Blames Busted Budget and Schedule on Mismanagement

August 13, 2019 — Peter Reina - Engineering News-Record
In a new report on London’s Crossrail, the U.K. National Audit Office says the beleaguered transportation project is around two years late and nearly 20% over budget because of poor management. The NAO, charged by Parliament with monitoring public spending, pointed to ill-conceived “aspirational” plans that proved to be unfit for the technologically challenging and vast program when things went wrong. Read the court decision
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Reprinted courtesy of Peter Reina, ENR

Check The Boxes Regarding Contractual Conditions Precedent to Payment

August 21, 2023 — David Adelstein - Florida Construction Legal Updates
Remember this: complying with contractual conditions precedent to payment is important. There is a reason why construction contracts include contractual conditions precedent to payment. The contract does not include this language for sh*ts and giggles. This language is included to establish what is required of the payee before payment becomes due. There may be conditions precedent to the payment of progress payments. There may be conditions precedent to the payment of final payment. Payment is not due until the conditions precedent have been satisfied. Do yourself a favor and consider this language in the construction contract, particularly if a dispute arises. If the condition precedent has not or cannot be satisfied, game plan as to the factual reason. The best thing to do is be prepared – check the boxes regarding conditions precedent to ensure you have considered this contractual language. 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

Impasse Over Corruption Charges Costs SNC $3.7 Billion, CEO Says

January 08, 2019 — Frederic Tomesco - Bloomberg
Canada’s failure to reach a negotiated settlement with SNC-Lavalin Group Inc. over past corruption charges has probably cost the company more than C$5 billion ($3.7 billion) in lost revenue and continues to damage its reputation internationally, Chief Executive Officer Neil Bruce said. Read the court decision
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Reprinted courtesy of Frederic Tomesco, Bloomberg

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES