Fairfield Connecticut Building Expert Directory

Disaster Remediation Contracts: Understanding the Law to Avoid a Second Disaster

August 30, 2017 — Todd Colvard – Peckar & Abramson, P.C.
In the aftermath of Hurricane Harvey, consumers and contractors should be aware of protections prescribed by the Texas Legislature for Disaster Remediation Contracts. Chapter 58 of the Texas Business and Commerce Code includes several important consumer protections. Consumers should be aware of these protections, and contractors should take care to avoid inadvertent violations. This statute applies to a contractor engaged in “disaster remediation,” in a county subject to a disaster declaration. Those contracts are subject to certain notice provisions and limitations. A violation of Chapter 58 is considered a Deceptive Trade Practice and could subject a violator to both public and private remedies. The full text of Chapter 58 is found here: http://www.statutes.legis.state.tx.us/Docs/BC/htm/BC.58.htm. Read the court decision
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Reprinted courtesy of Todd Colvard, Peckar & Abramson, P.C.
Mr. Colvard may be contacted at tcolvard@pecklaw.com

BHA Has a Nice Swing: Firm Supports NCHV and Final Salute at 2017 WCC Seminar

May 03, 2017 — CDJ STAFF
Bert L. Howe & Associates (BHA) is excited to announce the return of their very popular Sink a Putt for Charity at the 2017 West Coast Casualty Construction Defect Seminar. This year, participant’s efforts on the green will help benefit both the National Coalition for Homeless Vets and Final Salute. As in years past, sink a putt in the BHA golf challenge and win a $25 Amazon gift card, and for every successful putt made, BHA will make a $25 cash donation in the golfer’s name to be distributed equally between these two worthy organizations. While at the booth, don’t forget to test out BHA’s industry leading data collection and inspection analysis systems. BHA has recently added video overviews to their data collection process, as well as next-day viewing of inspection data via their secured BHA Client Access Portal. Discover meaningful cost improvements that translate to reduced billing while providing superior accuracy and credibility. Also learn about BHA’s expanding market presence and full range of services in Texas, Florida, and across the Southeast United States. Attendees can also enter to win Dodger baseball tickets or a new iPad Pro! Other BHA giveaways include USB charging blocks, pocket tape measures, multi-tools, LED flashlights, and foam stress balls. For more information on the National Coalition for Homeless Vets, please visit: http://nchv.org/ To learn more about how Final Salute provides homeless women Veterans with safe and suitable housing, please visit: http://www.finalsaluteinc.org/ Read the court decision
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Real Estate & Construction News Round-Up (09/21/22) – 3D Printing, Sustainable Design, and the Housing Market Correction

October 17, 2022 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
The first 3D-printed home is under construction, construction contractors could face liability for not securing employee data, the housing market correction continues, and more.

Sustainable home design has become key focus of builders and homeowners, helping reduce carbon emissions and other environmental impacts. (Kristi Waterworth, U.S.News)
Construction contractors could face legal consequences for failing to manage employee data correctly. (Robyn Griggs Lawrence, Construction Dive)
The home price correction continues to spread across the U.S., with an interactive map showcasing local housing markets that have been impacted. (Lance Lambert, Fortune)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

N.J. Governor Signs Bill Expanding P3s

September 04, 2018 — Nick Steingart - Construction Executive
Government entities in New Jersey that enter into public-private partnerships to help finance public construction projects are now required to utilize a project labor agreement (PLA) and pay state prevailing wages, among other requirements. Previously, P3s were only available to state and county colleges, but did not contain prevailing wage or PLA mandates. The new law, Senate Bill 865, allows the state and its subdivisions, including counties, municipalities and school districts, to enter into agreements with private funding sources provided they follow the additional mandates such as abiding by the state’s prevailing wage law and utilizing a union-only PLA for construction of the project. Reprinted courtesy of Nick Steingart, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Steingart may be contacted at steingart@abc.org

To Bee or Not to Bee - CA Court Finds Denial of Coverage Based on Exclusion was Premature Where Facts had not been Judicially Determined

November 28, 2018 — Philip B. Wilusz - Saxe Doernberger & Vita, P.C.
While I typically discuss cases concerning pollution, today I will change a few letters around and discuss pollination. The case, Unigard Insurance Co. et al. v. George Perry and Sons Inc. et al., asks whether there is coverage for a lawsuit brought against a commercial farm that is alleged to have killed off bee colonies used for pollination. The farm, owned by George Perry & Sons Inc. (“Perry”), allegedly used a pesticide that killed off the bee colonies that Perry had hired from Gary Mattes (“Mattes”) pursuant to an oral agreement. The bees, operating well outside of their weight class, were hired to pollinate Perry’s crops of watermelons and pumpkins. Interestingly, the bees would be brought to the farm in either large hives or “nukes,” which are smaller versions of hives. Read the court decision
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Reprinted courtesy of Philip B. Wilusz, Saxe Doernberger & Vita, P.C.
Mr. Wilusz may be contacted at pbw@sdvlaw.com

If Passed, New Bill AB 2320 Will Mandate Cyber Insurance For State Government Contractors

September 07, 2020 — Makenna Miller & Jeffrey Dennis - Newmeyer Dillion
Earlier this year, Assemblyman Edwin Chau (D-Monterey Park) introduced Assembly Bill 2320. AB 2320, if passed, would require any business that contracts with the state and has access to records containing personal information protected under the state’s Information Practices Act (IPA) to maintain cyber insurance coverage. Information covered under the IPA includes names, social security numbers, physical descriptions, home addresses, home telephone numbers, education, financial matters, and medical or employment history. Requiring contractors to maintain cyber insurance will likely both shift the costs of cyberattacks from taxpayers to the private sector, while also encouraging robust cyber security practices among businesses of all sizes. While the bill has not yet passed, businesses will be best served by implementing and improving cybersecurity practices now in order to attain lowest premium rates in the future. Incentivizing Best Practices With the adoption of AB 2320, businesses will be incentivized to increase their security posture in order to receive lower premiums from insurers. Simultaneously, insurers will be incentivized to mandate best practices from their insureds in order to mitigate their risk of having to pay out on cyber insurance policies. Thus, cyber insurance will work as a vehicle to increase best practices in businesses and subsequently decrease vulnerabilities to cyberattacks. Reprinted courtesy of Makenna Miller, Newmeyer Dillion and Jeffrey Dennis, Newmeyer Dillion Ms. Miller may be contacted at makenna.miller@ndlf.com Mr. Dennis may be contacted at jeff.dennis@ndlf.com Read the court decision
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New York Construction Practice Team Obtains Summary Judgment, Dismissal of Labor Law §240(1) Claim Against Municipal Entities

August 19, 2024 — Lewis Brisbois Newsroom
New York, N.Y. (August 8, 2024) – In Josan v. City of New York, et al., New York Associate Jonathan A. Bartlett, a member of New York Partner Meghan A. Cavalieri’s Construction Practice Team, recently obtained summary judgment and dismissal of the plaintiffs’ Labor Law §240(1) claim against the City of New York, the New York City School Construction Authority, and the New York City Department of Education. The plaintiff alleged to have sustained injuries as the result of a construction site accident occurring on January 9, 2020, while in the scope of his employment as a forklift operator in connection with the construction/renovation of a school building in Brooklyn, New York. Specifically, the plaintiff alleged that he was injured when a forklift he was operating in order to lift scaffold frame materials tipped over, causing him disabling injuries. The plaintiffs’ counsel articulated an eight-figure initial settlement demand. Read the court decision
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Reprinted courtesy of Lewis Brisbois

Quick Note: Submitting Civil Remedy Notice

May 10, 2017 — David Adelstein - Florida Construction Legal Updates
There are steps an insured or claimant need to take in order to assert a statutory bad faith claim. The first step is the obligatory Civil Remedy Notice. This obligation is set forth in Florida Statute s. 624.155. The Civil Remedy Notice is, in essence, written notice of the specific violation(s) that are being claimed against the insurer that give rise to potential bad faith and an opportunity for the insurer to cure the violation(s). Florida Statute s. 624.155 would not be confused as a model of clarity, so it is important that a insured or claimant work with an attorney regarding any bad faith claim including filling out the Civil Remedy Notice. 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

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES