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    433 Meadow St
    Fairfield, CT 06824

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    Building Expert News and Information
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    Traub Lieberman Partner Eric D. Suben and Associate Laura Puhala Win Summary Judgment in Favor of Insurer, Determining it has No Duty to Defend

    Alabama Supreme Court Reverses Determination of Coverage for Faulty Workmanship

    Massive Wildfire Near Boulder, Colo., Destroys Nearly 1,000 Homes and Businesses

    The Anatomy of a Construction Dispute- The Claim

    Housing Prices Up through Most of Country

    Righting Past Wrongs Through Equitable Development

    Florida trigger

    Environmental Law Violations: When you Should Hire a Lawyer

    In Personal Injury Actions, Prejudgment Interest on Costs Not Recoverable

    Pacing in Construction Scheduling Disputes

    Fannie-Freddie Elimination Model in Apartments: Mortgages

    China Construction Bank Sued in US Over Reinsurance Fraud Losses

    Breath of Fresh Air

    Construction Defect Notice in the Mailbox? Respond Appropriately

    Ahlers Cressman & Sleight Rated as One of the Top 50 in a Survey of Construction Law Firms in the United States

    Failure to Comply with Contract Leaves No Additional Insured Coverage

    Bad Faith Claim for Investigation Fails

    Crypto and NFTs Could Help People Become Real Estate Tycoons

    California Mechanics’ Lien Case Treads Both Old and New Ground

    Contractual Assumption of Liability Does Not Bar Coverage

    NIBS Consultative Council Issues Moving Forward Report on Healthy Buildings

    Another Law Will Increase Construction Costs in New York

    The EPA’s Renovation, Repair, and Painting Rule: Are Contractors Aware of It?

    Fire Tests Inspire More Robust Timber Product Standard

    Newark Trial Team Secures Affirmance of ‘No Cause’ Verdict for Nationwide Housing Manager & Developer

    2019’s Biggest Labor and Employment Moves Affecting Construction

    Biden’s Buy American Policy & What it Means for Contractors

    DRCOG’s Findings on the Impact of Construction Defect Litigation Have Been Released (And the Results Should Not Surprise You)

    Terms of Your Teaming Agreement Matter

    In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work

    Torrey Pines Court Receives Funding for Renovation

    Don’t Ignore a Notice of Contest of Lien

    California Supreme Court Finds that the Notice-Prejudice Rule Applicable to Insurance is a Fundamental Public Policy of the State

    Surviving a Tornado – How to Navigate Insurance Claims in the Wake of the Recent Connecticut Storm

    Being the Bearer of Bad News (Sounding the Alarm on Construction Issues Early and Often) (Law Note)

    So, You Have a Judgment Against a California Contractor or Subcontractor. What Next? How Can I Enforce Payment?

    Insurer Able to Refuse Coverage for Failed Retaining Wall

    How New York City Plans to Soak Up the Rain

    Not If, But When: Newly Enacted Virginia Legislation Bans “Pay-If-Paid” Clauses In Construction Contracts

    Investigation Continues on Children Drowning at Construction Site

    New Hampshire Applies Crete/Sutton Doctrine to Bar Subrogation Against College Dormitory Residents

    Will Protecting Copyrights Get Easier for Architects?

    What is Bad Faith?

    Court Adopts Magistrate's Recommendation to Deny Insurer's Summary Judgment Motion in Collapse Case

    25 Years of West Coast Casualty’s Construction Defect Seminar

    Owner’s Obligation Giving Notice to Cure to Contractor and Analyzing Repair Protocol

    Manhattan Vacancies Rise in Epicenter Shift: Real Estate

    More Money Down Adds to U.S. First-Time Buyer Blues: Economy

    Architects and Engineers Added to Harmon Towers Lawsuit

    Construction Litigation Group Listed in U.S. News Top Tier
    Corporate Profile

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    Fairfield, Connecticut

    MetLife Takes Majority Stake in New San Francisco Office Tower

    October 21, 2015 —
    MetLife Inc. is taking a majority stake in a 43-story office tower being built next to San Francisco’s Transbay Transit Center, expanding the biggest U.S. life insurer’s holdings in one of the country’s most expensive office markets. MetLife formed a joint venture with Chicago-based John Buck Co. and Golub & Co. for the property, called Park Tower at Transbay, the companies said in a statement before the building’s groundbreaking Tuesday. The tower, which doesn’t yet have a tenant, is scheduled for completion in 2018. Financial terms of the venture weren’t disclosed. Fred Pieretti, a spokesman for MetLife, said the company will own a majority interest in the building. Read the court decision
    Read the full story...
    Reprinted courtesy of Hui-Yong Yu, Bloomberg

    Repairing One’s Own Work and the one Year Statute of Limitations to Sue a Miller Act Payment Bond

    April 11, 2018 —
    When it comes to Miller Act payment bond claims, repairing one’s own work does NOT extend the one year statute of limitations to file suit on a Miler Act payment bond. Belonger Corp., Inc. v. BW Contracting Services, Inc., 2018 WL 704379, *3 (E.D. Wisconsin 2018) (“The courts that have considered this question tend to agree that, once a subcontractor completes its work under the subcontract, repairs or corrections to that work do not fall within the meaning of ‘labor’ or ‘materials’ and, as such, do not extend the Miller Act’s one-year statute of limitations.”). Well, what if the subcontractor was repairing its own work due to an issue caused by another subcontractor? Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at dadelstein@gmail.com

    Haight Brown & Bonesteel Ranked on the 2017 "Best Law Firms" List by U.S. News - Best Lawyers

    November 10, 2016 —
    U.S. News – Best Lawyers® ranked Haight Brown & Bonesteel on the 2017 “Best Law Firms” list in the Metropolitan Tier 1 Ranking in Los Angeles for their defense work in insurance law and personal injury litigation. Read the court decision
    Read the full story...
    Reprinted courtesy of

    AGC Seeks To Lead Industry in Push for Infrastructure Bill

    May 01, 2019 —
    The ongoing call for better infrastructure funding, along with workforce innovation and an enhanced focus on diversity and inclusivity, is taking center stage at the Associated General Contractors of America. The association’s leaders emphasized that these issues are crucial to the industry’s future as more than 2,800 attendees gathered for AGC’s annual convention in Denver April 1-4. Read the court decision
    Read the full story...
    Reprinted courtesy of Jennifer Seward, ENR
    ENR may be contacted at ENR.com@bnpmedia.com

    Some Construction Contract Basics- Necessities and Pitfalls

    January 03, 2022 —
    Recently, I’ve been on an “advising” kick here at Construction Law Musings. My last two posts have been about communication and trusting your gut when it comes to a smooth construction project. This post will be the third in the trilogy (and who knows maybe I’ll have a 4th and 5th like the Hitchhiker’s Guide to the Galaxy “trilogy”). While all construction contractors should use their communication skills and instincts to assure a smooth and hopefully profitable project, all of the gut following and great communication will not help you if your contract is not up to snuff. In the spirit of giving you a few basics things to look at, here’s my list of three basics that you need in your contract and a three things to be on the lookout for in others’ contracts. First, the good stuff that needs to be there:
    1. Attorney Fees Clause– without it, a Virginia court (and most other courts) will not award you a judgment for any attorney fees spent to protect your rights.
    2. Dispute Resolution– whether the specified resolution is through the litigation process, ADR or some combination, such a clause or paragraph will only help define the parameters of what happens with a claim.
    3. Detailed scope of work– Without the proper detail in the scope of work, the parties cannot properly set expectations and know what happens when things change.
    Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Oregon Courthouse Reopening after Four Years Repairing Defects

    April 01, 2014 —
    The Courthouse Square in Marion County, Oregon is due to reopen after four years and nearly $23 million of repair costs to fix structural defects, according to the Statesman Journal. The square includes a courthouse building and bus mall, and is jointly owned by the county and transit district. Two years after the Courthouse Square had been built, cracks were observed “in the building’s walls” and “paving stones on the bus mall shifted and settled.” A construction defect suit was filed in 2006. However, the situation worsened in July of 2010 when “engineers determined that the entire complex was dangerous,” according to the Statesman Journal. “Building safety officials gave Courthouse Square’s occupants 60 days to move out, forcing county and transit district operations into temporary leased space.” Now that the structural repairs have been completed, Dave Clark, project manager with Structural Preservation Systems LLC (the company awarded the repair contract), stated that the building’s structure is now stronger than most buildings. “If there’s an earthquake, come to this building,” Clark said. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Cincinnati Team Secures Summary Judgment for Paving Company in Trip-and-Fall Case

    February 05, 2024 —
    Cincinnati, Ohio (January 25, 2024) - In a recent decision by the Oldham County Circuit Court, Lewis Brisbois Partner Andrew Weber and Associate Jason Paskan obtained summary judgment for a paving company client after successfully arguing that their client did not owe the plaintiff a duty at the time leading up to her trip and fall. Although the court concluded that there was a genuine issue of fact as to whether a parking space wheel stop actually caused her fall, the court noted that whether the wheel stop “constituted an unreasonably dangerous condition necessitating a duty to eliminate them or warn of them is an entirely different matter.” Rebecca Reynolds v. Baptist Healthcare System, Inc., et al., Oldham Circuit Court Case No. 21-CI-00236, *6 (Dec. 21, 2023). The plaintiff in Reynolds drove to the hospital with her sister-in-law for medical testing. Id. at * 2. While both had been to the hospital before, due to COVID and construction in the emergency department, they had to take a different entrance into the hospital. Id. In the plaintiff’s attempt to navigate the parking lot, she allegedly tripped over a black wheel stop that was covered by a shadow. Id. The plaintiff sued the hospital as the landowner and the paving company working in the hospital’s parking lot, among others, under the theory that the failure to stripe the wheel stop, closing off spaces with the black wheel stops, or posting warnings about the condition of the parking lot would have prevented her fall. Id. at *2-3. Read the court decision
    Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Extreme Heat, Smoke Should Get US Disaster Label, Groups Say

    July 15, 2024 —
    Activists are petitioning the US government to formally classify extreme heat and wildfire smoke as major disasters, as soaring temperatures threaten to set records across much of the country. In a petition filed with the Federal Emergency Management Agency, they seek to unlock new funding to help communities address such events before they strike, with money for air filters that strip out smoke and rooftop solar systems that can supply electricity when demand overwhelms power grids. Climate change has made fatal heat waves more intense and frequent, while hotter, drier conditions stoke the risk of fires that can blanket the US in toxic smoke. An estimated 2,300 people in the US died from heat-related illness in 2023, the hottest year on record. And heavy smoke from wildfires in Canada last year traveled as far south as Georgia, prompting people to shelter inside and canceling flights in some of the largest US cities. Read the court decision
    Read the full story...
    Reprinted courtesy of Jennifer A Dlouhy, Bloomberg