Fairfield Connecticut Building Expert Directory

Bond Principal Necessary on a Mechanic’s Lien Claim

October 23, 2018 — Christopher G. Hill - Construction Law Musings
As anyone that reads this construction law blog knows, mechanic’s liens are a big part of the Virginia landscape for a construction attorney like me. One option for dealing with a mechanic’s lien here in Virginia that we have not discussed but so often is the ability to “bond off” a lien. In short, the Virginia statute allows a party to essentially substitute a bond valued at a court set multiple of the principal amount of the mechanic’s lien for the memorandum. In exchange, the lien is released of record. Any enforcement action can still proceed with security for the claimant and the property owner feeling better about things because there will be no lien on the title to the land. In many ways this process provides an easier path to resolution for both owner and claimant. First of all, the claimant does not have to deal with a bank or other interest holders in the property (though a recent case discussed below reminds us that certain other parties are necessary). Second of all, the owner does not have the cloud on the title of a mechanic’s lien that may have been filed by a subcontractor over which he has no control. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Are Housing Prices Poised to Fall in Denver?

December 10, 2015 — Beverley BevenFlorez-CDJ STAFF
Denver, Dallas, and Houston’s housing markets are rising too quickly and will soon hit “’bubble territory’” according to a housing market index by Florida Atlantic University and Florida International University, reported the Denver Business Journal. "There is about a 70 percent chance that renters in Denver will get more wealth on average than buyers," Ken Johnson, a real estate economist at the university in Boca Raton, Florida, told the Denver Post. Read the court decision
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Reprinted courtesy of

The Investors Profiting Off Water Scarcity

June 10, 2024 — Linda Poon - Bloomberg
We’re excited to share that the Bloomberg Green series Water Grab was named a Pulitzer Prize finalist. The series, which includes contributions from several CityLab writers and alums, explores how private investors are commandeering public water for profit at the expense of both the environment and less powerful communities. Below is a sample of stories looking at how investors, private equity firms and Wall Street are taking advantage of the world’s scarce water supply. Read the full series here, which is now in front of the paywall. Reprinted courtesy of Linda Poon, Bloomberg Read the full story... Read the court decision
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Court Upholds Denial of Collapse Coverage Where Building Still Stands

October 02, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The Michigan Court of Appeals affirmed the trial court's decision finding the policy's collapse coverage did not apply. Cmty. Garage v. Auto-Owners Ins. Co., 2018 Mich. App. LEXIS 2680 (Mich. Ct. App. June 19, 2018). The insured operated a truck repair business. In June 2016, the insured's place of business sustained damage due to failure of several trusses providing structural support to the building's roof. The failure was due to latent construction defects leading to an insufficient load bearing capacity. The roof began to sag while one of the walls bulged outward due to the sudden pressure overload. The insured hired a construction firm to install temporary shoring to support the roof and prevent further damage. All of the building's walls remained standing and, although the roof sagged, it also remained intact. However, the building could not be safely occupied until repairs were completed. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Meritage Acquires Legendary Communities

July 23, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Big Builder, Meritage entered Atlanta through its acquisition of Legendary Communities for $130 million, “completing a two-year quest.” “Probably for about two years, we’ve been looking in the market, talking to builders, and studying the geography, and meeting different people to learn who the players are and learn about the area,” Meritage Homes chairman and CEO Steven J. Hilton told Big Builder. This acquisition makes Meritage Homes “the number one builder in the Greenville-Anderson-Mauldin, S.C. market, owning more than 16 percent of the 2013 market share with 266 closings, according to Metrostudy data. It also owns almost seven percent of the market share in nearby Spartanburg, S.C. with 44 closings.” Legendary fits “in very nicely with what we do at Meritage,” Hilton said to Big Builder. “We’re a strong first and second move up builder, as are they at Legendary. It’s a very complementary fit between the two companies.” Read the court decision
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Reprinted courtesy of

It’s Not Just the Millennium Tower That’s Sinking in San Francisco

December 06, 2021 — Beverley BevenFlorez – CDJ Staff
Much has been reported over the years regarding the sinking Millennium Tower in San Francisco, but now new reports are emerging regarding sinking sidewalks in the Mission Bay neighborhood and images from space demonstrating that the entire Downtown San Francisco area may also be sinking. According to CBS SF BayArea, some sidewalks in Mission Bay have sunk “as much as a foot and more in some spots.” The neighborhood is built upon a landfill, which requires the buildings to be anchored to bedrock—the streets and sidewalks, however, are the property owners’ responsibility. Engineers for the UCSF Medical Center at Mission Bay “took a proactive approach.” CBS SF BayArea alleges, however, that many surrounding condo developers did not. SFGate reported that the sidewalk issue may be difficult to solve “as any fixes to the surface only serve to increase the weight of the pavement, speeding its descent into the landfill.” It may not just be sidewalks and streets that are sinking. U.S Geological Survey research geophysicist Tom Parsons “says earth-based and space-based observations confirm the entire downtown area around it is sinking as well.” According to the NBC Bay Area story, Parsons “estimated settlement of three inches across the entire Bay Area.” The Millennium Tower weighs an estimated 686 million pounds, making it the third heaviest building in San Francisco. However, it is the only one that’s significantly leaning. San Francisco building officials told NBC Bay Area that there are plans in place “to shore up the seawall that protects the Embarcadero.” Read the full story at CBS SF BayArea... Read the full story at SFGate... Read the full story at NBC Bay Area... Read the court decision
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Fed. Judge Blocks Release of Records on FIU Bridge Collapse, Citing NTSB Investigation

October 23, 2018 — Miami Herald - Engineering News-Record
Oct. 05 --A federal judge Friday blocked the release of documents that could shed light on why a busy road outside Miami was not shut down before a brand-new bridge developing severe cracks collapsed and killed six people. Judge William Stafford said the National Transportation Safety Board , the federal agency investigating the Florida International University bridge disaster, "was exercising its valid federal regulatory authority" in keeping the documents confidential from the media. Read the court decision
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Reprinted courtesy of Engineering News-Record
ENR may be contacted at ENR.com@bnpmedia.com

Bremer Whyte Sets New Precedent in Palos Verdes Landslide Litigation

August 26, 2024 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
In what is believed to be a groundbreaking new precedent, Bremer Whyte Brown & O’Meara’s Los Angeles litigation team has obtained a landmark ruling on behalf of residents in the “Portuguese Bend” neighborhood of Palos Verdes, California. Congratulations to Partner Michael D’Andrea and Senior Associate Shelly Mosallaei in receiving this result for our clients. Plaintiff, a real estate developer, sued a number of local residents and property owners, including our client, alleging that their failure to address landslides and geological disturbances around Plaintiff’s property constituted a legal trespass and nuisance. Plaintiff alleged that its plans to develop multiple lots in Palos Verdes was thwarted because Defendant’s soil and land encroached onto Plaintiff’s property. Plaintiff’s suit against multiple residents created an uproar in the community regarding who was ultimately responsible (if anyone) for natural soils movement that has plagued this neighborhood for years. Read the court decision
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Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES