Fairfield Connecticut Building Expert Directory

Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” and Tier 2 for Orange County by U.S. News – Best Lawyers® “Best Law Firms” in 2023

November 21, 2022 — Haight Brown & Bonesteel
Haight Brown & Bonesteel LLP is listed in the U.S. News – Best Lawyers® (2023 Edition) “Best Law Firms” list with metro rankings in the following areas: Los Angeles

Metropolitan Tier 1

Insurance Law
Product Liability Litigation – Defendants

Orange County

Metropolitan Tier 2

Product Liability Litigation – Defendants

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Law Firm Settles Two Construction Defect Suits for a Combined $4.7 Million

October 25, 2013 — CDJ STAFF
Construction Lawyers, LLP has announced that it has settled two Florida construction defect suits, both of which were filed by condominium associations. The first of these involved the Estates at Park Central Condominium Association, a 244-unit condominium complex in Orlando Florida. The condominium association alleged leaks into balconies and garages, and deficiencies in stucco application. After nearly three years since the filing of the lawsuit, and only weeks before the trial was to begin, the case was settled for $2 million. The second case has also spent the last three years in mediation, however its trial date was further away. The Grand Venezia Condominium Owners Association alleged construction defects including leaking roofs and windows, and improperly installed stucco, leading to dry rot and water damage. The condominium community comprises 336 units in Clearwater, Florida and the units were originally built as apartments. Here, the settlement with the contractor was for $2.75 million. A lawsuit against the developer continues. Read the court decision
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CSLB Releases New Forms and Announces New Fees!

April 05, 2017 — Garret Murai – California Construction Law Blog
The California Contractors State License Board (CSLB”) has issued new application forms. Effective May 1, 2017, the CSLB will only accept forms with a revision date of October 2017 (Pro tip: see bottom of form to verify it indicates a revision date of “10/16” or later). Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

Economic Loss Not Property Damage

November 04, 2019 — Tred R. Eyerly - Insurance Law Hawaii
The Fifth Circuit agreed with the district court that the insured subcontractor's economic losses did not amount to covered property damage. Greenwich Ins. Co. v. Capsco Industries, Inc., 2019 U.S. App. LEXIS 23949 (5th Cir. Aug 12, 2019). Capsco Industries, Inc. was a subcontractor on the construction of a casino. Capsco subcontracted with Ground Control to install water, sewage, and storm-drain lines. Ground Control was terminated from the project by the general contractor for alleged safety violations and failed drug tests of its employees. Ground Control sued in state court against multiple parties, including Capsco, seeking payment for work on the project. The claims were dismissed on summary judgment because neither party had obtained the required certificates of responsibility from the state, making the parties' contract void. The Mississippi Supreme Court agreed the contract was void, but reversed and remanded for further proceedings based solely on theories of unjust enrichment and quantum meruit. While the state case was on remand, Capsco's liability insurers, Greenwich Insurance Company and Indian Harbor Insurance Company, filed a compliant for declaratory judgment in federal district court seeking a declaration that they did not owe a defense or indemnity to Capsco. The defendants were Ground Control, Capsco, the general contractor, and the casino owner. The latter two parties were dismissed. Ground Control counterclaimed for coverage of its claims against Capsco. The district court stayed proceedings until the state court litigation ended. 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

Stop by BHA’s Booth at WCC and Support the Susan G. Komen Foundation

May 12, 2016 — Beverley BevenFlorez-CDJ STAFF
If you’re attending the annual West Coast Casualty Seminar at the Disneyland Hotel today and tomorrow, be sure to stop by the Bert L. Howe & Associates, Inc., booth and Sink a Putt for Charity. This year, participant’s efforts on the green will help benefit the Susan G. Komen Race for the Cure. As in years past, sink a putt in the BHA golf challenge and win a $25 Best Buy gift card, and for every successful putt made, BHA will make a $25 cash donation in the golfer’s name to the Susan G. Komen Foundation. New this year, BHA is hosting three Championship Rounds and during those periods BHA will double their charitable contributions. For every ATTEMPTED (sink or miss), BHA will make a $50 donation to Susan G. Komen, and for every putt MADE (sunk), the golfer will also win a $50 Best Buy gift card. Championship rounds are going on today between the times of 10:30am-10:45 am, 3:00pm-3:30pm, and 5:30pm-6:30pm. So be sure to get over to the BHA booth for your chance to support important cancer research as well as possibly taking home a nice gift card for yourself. BHA also wishes to thank Dave Stern for all of his hard work for the construction defect community in putting together this must go to seminar and for promoting such worthwhile charities each year. Read the court decision
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Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services

December 11, 2023 — Gus Sara - The Subrogation Strategist
In Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), the Supreme Court of Tennessee (Supreme Court) considered whether the economic loss doctrine barred the plaintiff’s claims for fraud, negligent misrepresentation and punitive damages arising out of a contract with the defendant for construction services. The court held that the economic loss doctrine only applies to product liability cases and does not apply to claims arising from contracts for services. This case establishes that, in Tennessee, the economic loss doctrine does not bar tort claims in disputes arising from service contracts. In Weitz, defendant, Weitz Co. LLC (Weitz), was the general contractor for a construction project and hired plaintiff Commercial Painting Co. (Commercial) as a drywall subcontractor. Weitz refused to pay Commercial for several of its payment applications, claiming that the applications were submitted untimely and contained improper change order requests. Commercial filed a lawsuit against Weitz seeking over $1.9 million in damages, alleging breach of contract, unjust enrichment, enforcement of a mechanic’s lien, and interest and attorney’s fees under the Prompt Pay Act of 1991. Weitz filed a counterclaim for $500,000 for costs allegedly incurred due to Commercial’s delay and defective workmanship. In response, Commercial amended its complaint to add claims for fraud, intentional and negligent misrepresentation, rescission of the contract and $10 million in punitive damages. Commercial alleged that Weitz received an extension of the construction schedule but fraudulently withheld this information from Commercial and continued to impose unrealistic deadlines. Read the court decision
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Reprinted courtesy of Gus Sara, White and Williams
Mr. Sara may be contacted at sarag@whiteandwilliams.com

Unions Win Prevailing Wage Challenge Brought By Charter Cities: Next Stop The Supreme Court?

April 06, 2016 — Steven M. Cvitanovic & Sarah A. Marsey – Haight Brown & Bonesteel LLP
In City Of El Centro v. David Lanier (State Building And Construction Trades Council Of California, AFL-CIO), the 4th appellate district upheld by a 2-1 majority the constitutionality of Labor Code section 1782, which prohibits a charter city from receiving or using state funding or financial assistance for a public construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with the state prevailing wage laws. As we wrote on this topic back in 2012 (See alert here), charter cities are governed by a municipal constitution and may make and enforce its own ordinances and regulations with respect to municipal affairs (i.e., the ‘home rule’ doctrine), as opposed to general law cities, which must comply with the state laws such as the Public Wage Rate Act (requiring municipalities to pay prevailing wages). The California Supreme Court previously held in State Building and Construction Trade Council of California, AFL-CIO v. City of Vista that the ‘home rule’ rule permits charter cities not to pay prevailing wages to its contract workers on locally funded public works because such determination is a municipal affair and not a statewide concern. Reprinted courtesy of Steven M. Cvitanovic, Haight Brown & Bonesteel LLP and Sarah A. Marsey, Haight Brown & Bonesteel LLP Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com Ms. Marsey may be contacted at smarsey@hbblaw.com Read the court decision
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Motion to Dismiss Insureds' Counterclaim on the Basis of Prior Knowledge Denied

September 04, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The insurer unsuccessfully moved to dismiss portions of the insureds' counterclaim based upon prior knowledge. Hudson Spec. Ins. Co. v. Talex Enter., 2018 U.S. Dist. LEXIS 105598 (S. D. Miss. June 25, 2018). The insureds' building collapsed in McComb, Mississippi. Pubic utilities were damaged and traffic disrupted. The City sued the insured, alleging that the building collapsed because there was too much water gathered on its roof. The City further alleged that the insureds knew too much water was on the roof because they had been told by someone hired to clean the drain that it was clogged and by a contractor that the roof was so damaged that it could not safely be repaired. 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

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES