Fairfield Connecticut Building Expert Directory

Fire Consultants Cannot Base Opinions on Speculation

May 20, 2019 — Christopher Konzelmann - The Subrogation Strategist
Larsen v. 401 Main St. Inc., 302 Neb. 454 (2019), involved a fire originating in the basement of the Quart House Pub (Pub) in Plattsmouth, Nebraska that spread to and damaged Plattsmouth Chiropractic Center, Inc., a neighboring business. Fire investigators could not enter the building because the structure was unsafe and demolished. The chiropractic center nevertheless sued the Pub alleging that its failure to maintain and replace basement mechanical equipment caused ignition. To prove its claim, the plaintiff retained a mechanical engineer who reviewed documents and concluded that the fire “originated from a failure of one of the items of mechanical equipment located in the area of the [basement] boiler.” Importantly, however, the consultant could not determine the root cause of the fire, could not eliminate the possibility that the fire originated in a compressor, and could not rule out the building’s electrical service as the ignition source because it was outside his area of expertise. The consultant nevertheless found that the fire most likely would not have occurred if the Pub had regularly serviced and replaced the equipment when needed. Read the court decision
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Reprinted courtesy of Christopher Konzelmann, White and Williams LLP
Mr. Konzelmann may be contacted at konzelmannc@whiteandwilliams.com

Justice Dept., EPA Ramp Up Environmental Justice Enforcement

May 30, 2022 — Pam McFarland - Engineering News-Record
The U.S. Justice Dept. plans to launch a new office within its Environment and Natural Resources Division that will focus on enforcing environmental laws in communities that are most affected by pollution and environmental-related crimes, administration officials said May 5. Reprinted courtesy of Pam McFarland, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Read the full story... Read the court decision
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Can a Non-Signatory Invoke an Arbitration Provision?

February 02, 2017 — David Adelstein - Florida Construction Legal Updates
As you know from prior postings, arbitration is a creature of contract. Hence, if you want your disputes to be resolved through arbitration, as opposed to litigation, make sure to include an arbitration provision in your agreement that covers all disputes arising out of or relating to the agreement. Under certain circumstances, a non-signatory to an agreement wants to invoke an arbitration clause in the agreement. The non-signatory will move to compel a signatory to the agreement (with an arbitration provision) to arbitrate a dispute with the non-signatory. Can a non-signatory do this? Yes, under certain circumstances. 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

Part I: Key Provisions of School Facility Construction & Design Contracts

May 16, 2018 — David R. Cook Jr. - Autry, Hall & Cook, LLP
We all expect our school construction projects will go smoothly, on time and under budget. But despite our best efforts, some projects will encounter speed bumps, detours or outright roadblocks. While there are many precautions a school facility manager may take, one of the best precautions is to have solid construction and design contracts. A good contract will account for the known risks and specify an outcome in favor of the school authority. School construction risks can be categorized into a few categories: performance risk, time risk, cost risk and political risk. Some risks are typical to all construction projects, while others are peculiar to the unique needs of school authorities. Read the court decision
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Reprinted courtesy of David R. Cook Jr., Autry, Hall & Cook, LLP
Mr. Cook may be contacted at cook@ahclaw.com

Bank of America’s Countrywide Ordered to Pay $1.3 Billion

July 30, 2014 — Patricia Hurtado – Bloomberg
Bank of America Corp.’s Countrywide unit was ordered to pay $1.3 billion in penalties for defective mortgage loans it sold to Fannie Mae (FNMA) and Freddie Mac in the run-up to the 2008 financial crisis, a little more than half of what the U.S. had requested. U.S. District Judge Jed Rakoff in Manhattan issued the civil penalty against the Charlotte, North Carolina-based bank today in the first mortgage-fraud case brought by the federal government to go to trial. Countrywide and Rebecca Mairone, a former executive with the mortgage lender, were found liable in October for selling thousands of bad loans to the two government-sponsored enterprises. Mairone was ordered today to pay $1 million. Read the court decision
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Reprinted courtesy of Patricia Hurtado, Bloomberg
Ms. Hurtado may be contacted at pathurtado@bloomberg.net

Boston Building Boom Seems Sustainable

November 20, 2013 — CDJ STAFF
According to the analytics and advisory firm PPR, the Boston-area market is “ungodly tight.” So even with all the building planned for the area, it’s likely to make the market normal and not lead to a glut. PPR predicts that the building boom may cool off in 2016, with the next mayoral administration. Some of the condo real estate has been fetching multi-million prices. Sue Hawkes, president and CEO of The Collaborative Cos. Points out that there are about 1,500 units in Boston priced in excess of $2 million. She wonders about future buyers in the luxury market. “Where are all these people going to come from?” Read the court decision
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When Brad Pitt Tried to Save the Lower Ninth Ward

February 18, 2019 — Rob Walker - Bloomberg
In the months that followed Hurricane Katrina in 2005, there was much discussion about how to rebuild the New Orleans neighborhoods devastated by flooding. Some even questioned whether certain areas should be rebuilt at all: The city’s population would likely be smaller; perhaps its footprint should be revised? The Lower Ninth Ward, for instance—a working-class black neighborhood ravaged when a floodwall failed—might be a lost cause, some said, because it was so severely damaged. Neighborhood residents and activists pushed back, insisting the Lower Nine deserved rebuilding. One of the most high-profile efforts to do so came from an unlikely figure: Brad Pitt. In 2007 the actor founded the Make It Right Foundation, a nonprofit whose mission was to build affordable housing to help Lower Nine residents come home. Attracting designs from prize-winning architects and committing to the highest energy-efficiency standards, Make It Right pledged to build 150 residences. As Pitt later wrote, the organization aimed to make “a human success story of how we can build in the future, how we can build with equality, how we can build for families." Read the court decision
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Reprinted courtesy of Rob Walker, Bloomberg

Award Doubled in Retrial of New Jersey Elevator Injury Case

February 14, 2014 — Beverley BevenFlorez-CDJ STAFF
Richard Tufaro, a New Jersey carpenter who suffered injuries from an elevator accident in 2005, had lost a $4 million award on appeal, but has recently “won $8million on retrial” according to The New Jersey Law Journal. In March of 2012, during the first trial, the “jury awarded $2.8 million for pain and suffering, $233,000 in medical expenses and $950,000 per quod to Tufaro's wife, totaling about $4 million.” In March 2013 the ruling was reversed by the Appellate Division who found “the verdict sheet and Coburn's jury instructions ‘together created a misleading and ambiguous deliberative environment, fully capable of engendering an unjust result.’" On February 11th, at the conclusion of the retrial, the jury “found Schindler Elevator and Escalator Co.'s negligent maintenance of an elevator led to a two-and-a-half-story plunge that left Richard Tufaro with neck and back injuries” and awarded Tufaro “$5.5 million for pain and suffering, $2.25 million per quod and $250,000 in medical expenses.” Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES