Fairfield Connecticut Building Expert Directory

Irvine Partner Cinnamon J. Carr and Associate Brittney H. Aquino Prevail on Summary Judgment

June 17, 2024 — Linda Carter - Kahana Feld
Congratulations to Irvine Partner Cinnamon J. Carr and Associate Brittney H. Aquino for Prevailing on a Motion for Summary Judgment! Irvine Partner Cinnamon J. Carr and Associate Brittney H. Aquino prevail on summary judgment in a slip and fall case venued in Riverside County! Plaintiff filed a lawsuit alleging negligence against Kahana Feld’s client, a grocery store with over 50 stores throughout Southern California. Prior to Plaintiff’s fall, security cameras captured footage of a third-party customer picking up a case of water bottles near the entrance of the store. The customer tilted the case and water streamed to the floor. The customer then returned the leaky case to the pallet, picked up another case of water, and walked away. Approximately a minute and 10 seconds later, Plaintiff walked through the area, slipping on the spilled water. Read the court decision
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Reprinted courtesy of Linda Carter, Kahana Feld
Ms. Carter may be contacted at lcarter@kahanafeld.com

When to Withhold Retention Payments on Private or Public Projects

August 29, 2018 — Nicholas Karkazis - Gordon & Rees Construction Law Blog
To ensure that construction contractors and subcontractors receive timely progress and retention payments, the California Legislature enacted statutes that impose deadlines and penalties on owners and direct (general) contractors who delay payments. (Cal. Civ. Code, §§ 8800, 8802, 8812, 8814; Pub. Contract Code, §§ 7107, 10262.5; Bus. & Prof. Code, § 7108.5.) However, there is an exception to these deadlines and penalties on both private and public projects. The exception allows an owner or direct contractor to withhold payment1 when there is a good faith dispute between an owner and a direct contractor or between a direct contractor and a subcontractor. (Civ. Code, §§ 8800, subd. (b), 8802, subd. (b), 8812, subd. (c), 8814, subd. (c); Pub. Contract Code, §§ 7107, subds. (c), (e), 10262.5, subd. (a); Bus. & Prof. Code, § 7108.5, subd. (a).) But the term “good faith dispute” has been a source of confusion where direct contractors owe subcontractors retention payments, but want to withhold the payment because of a dispute.2 California appellate courts were split, with one court finding that any type of bona fide dispute justified withholding, and another finding that only disputes related to the payment itself justified withholding. (Compare Martin Brothers Construction, Inc. v. Thompson Pacific Construction, Inc. (2009) 179 Cal.App.4th 1401 [any bona fide dispute could justify withholding] with East West Bank v. Rio School Dist. (2015) 235 Cal.App.4th 742 [disputes related to the payment itself may justify withholding].) In May 2018, the California Supreme Court clarified that for a direct contractor to withhold a retention payment on a private project, the good faith dispute must somehow relate to the payment itself. (United Riggers & Erectors, Inc. v. Coast Iron & Steel Co. (2018) 4 Cal.5th 1082, 1097-1098.) Read the court decision
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Reprinted courtesy of Nicholas Karkazis, Gordon & Rees Scully Mansukhani
Mr. Karkazis may be contacted at nkarkazis@grsm.com

2019 Legislative Changes Affecting the Construction Industry

July 09, 2019 — Melinda S. Gentile & Cadian T. Baker - Peckar & Abramson, P.C.
The 2019 Florida Legislative Session recently concluded and a number of important construction-related House Bills (HB) and Senate Bills (SB) were presented during the Session. Below is a summary of those construction-related bills set to become law in 2019. Bills Becoming Law in 2019 HB 1247: Relating to Construction Bonds. This bill passed both the House and the Senate and is awaiting the Governor’s signature. Once the Governor has approved the bill it becomes effective as of October 1, 2019. This bill addresses how to properly perfect a claim against a contractor’s payment bond. (1) The Notice of Nonpayment that must be served on the contractor and the surety, must be made under oath and include the following provisions: The nature of the labor or services performed or to be performed; The materials furnished or to be furnished; The amount paid on the account; and if known, the amount owed and the amount to become due. A Notice of Nonpayment that includes the sums for retainage must specify the portion of the amount claimed for retainage. (2) A subcontractor, laborer, or material supplier (claimant) who files a fraudulent Notice of Nonpayment loses their rights under the bond. The filing of a fraudulent notice is a complete defense to claimant’s claim against the bond. A notice is fraudulent if the claimant willfully exaggerated the amount due, willfully included a claim for work not performed or materials not furnished or prepared the notice with willful and gross negligence, which resulted in willful exaggeration. However, a minor mistake in the notice, or a good faith dispute as to the amount due, is not considered fraudulent. Please note that this provision mirrors the existing statute relative to a fraudulent lien. Read the court decision
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Reprinted courtesy of Melinda S. Gentile, Peckar & Abramson, P.C.
Ms. Gentile may be contacted at mgentile@pecklaw.com

Eighth Circuit Considers Judicial Estoppel in Hazardous Substance Release-Related Personal Injury Case

April 11, 2018 — Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law Blog
On April 5, the U.S. Court of Appeals for the Eighth Circuit decided the case of Kirk v. Schaeffler Group USA, Inc., et al., a personal injury action commenced in the U.S. District Court for the Western District of Missouri alleging injury resulting from the release of thousands of gallons of trichloroethylene (TCE) at the FAG Bearings Corporation’s (FAG Bearings) facility in Joplin, MO. The Court of Appeals reversed the District Court’s judicial estoppel ruling on the successor liability issue and concluded that the jury’s verdict on compensatory damages stands but their general verdict requires a new trial on Plaintiff’s punitive damages claim against FAG Bearings. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

Melissa Pang Elected Vice President of APABA-PA Board of Directors

December 21, 2016 — White and Williams LLP
Melissa Pang has been elected Vice President of the Asian Pacific American Bar Association of Pennsylvania's (APABA-PA) Board of Directors. She will serve a one-year term in the position, beginning January 1, 2017. As part of her responsibilities, Melissa will co-chair the National Asian Pacific American Bar Association Northeast Regional Conference, which will be hosted by the APABA-PA in Philadelphia. Melissa has been a member of the APABA-PA since 2010 and has served on the board since 2015. Her involvement includes participation on the Law Student Outreach Committee as well as the Annual Banquet Committee. In 2016, she chaired the organization's Lunar Banquet. Read the court decision
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Reprinted courtesy of Melissa Pang, White and Williams LLP
Ms. Pang may be contacted at pangm@whiteandwilliams.com

Associated Builders and Contractors Northern California Chapter Announces New President/CEO

January 24, 2022 — Associated Builders and Contractors, Northern California Chapter
(January 19, 2022 – Livermore, CA) Associated Builders and Contractors, Northern California Chapter (ABC NorCal) Board of Directors launched an exhaustive, nationwide CEO search, and recently selected Deborah Maus as the next President/CEO. Deborah is a Certified Association Executive (CAE) with 25+ years of strategic and operational leadership. Prior to accepting the position, Deborah served as the chief executive officer of Plumbing Heating Cooling Contractors of California. Mark Kirkes, President of MK Electric & Design Inc—and 2022 ABC NorCal Chair— said, "We believe Deborah will focus on strengthening organizational structure to meet new and expanding program needs, guide policy development and strategic innovations, bring increased value to members and continue to be the leading voice of the merit shop in Northern California. Her demonstrated knowledge of the industry and her support of all who desire to succeed in the construction industry made her an ideal choice to advance ABC's mission in Northern California." Former ABC NorCal President/CEO Michele Daugherty is transitioning to the ABC Central Florida Chapter as President/CEO, continuing her 16+ years of service in ABC. ABC 2021 Chair, Josh Ward noted, "Michele has been working for ABC since 2006 and we are happy to see that she is staying in the ABC family—continuing to fight for the Merit Shop. The Executive Committee expresses its sincere appreciation for Michele and her remarkable services to the organization. Her enthusiasm and leadership will be deeply missed and difficult to replicate. However, we believe we have found the right person in Deborah Maus." About ABC Northern California Chapter ABC Northern California Chapter (ABC NorCal) is a trade association founded on the merit shop philosophy and dedicated to serving construction professionals from Fresno to the Oregon border. Our mission: To promote free enterprise by advancing the merit shop philosophy in the construction industry through education, advocacy and business services. To learn more visit www.abcnorcal.org Read the court decision
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Mitsubishi Estate to Rebuild Apartments After Defects Found

March 19, 2014 — Kathleen Chu and Takahiko Hyuga – Bloomberg
Mitsubishi Estate Co. (8802), Japan’s biggest developer by market value, will rebuild a Tokyo residential complex where it stopped selling apartments that went for as much as 350 million yen ($3.4 million) after finding defects. The reconstruction will take about three to four years to complete, and builder Kajima Corp. will be in charge of the project and cover the cost, said Masayuki Watanabe, a spokesman at Tokyo-based Mitsubishi Estate. The building was constructed by Kajima along with Kandenko (1942) Co., according to the developer. Mitsubishi Estate stopped selling apartments in the building in central Tokyo’s upscale Aoyama neighborhood after finding it needed repairs, including to some of the pipes, the developer said in an e-mail on Feb. 3. Eighty-three out of 86 units were under contract and were expected to be handed over to the owners on March 20, the company said last month. Ms. Chu may be contacted at kchu2@bloomberg.net; Mr. Hyuga may be contacted at thyuga@bloomberg.net Read the court decision
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Reprinted courtesy of Kathleen Chu and Takahiko Hyuga, Bloomberg

Mitigating Mold Exposure in Manufacturing and Multifamily Buildings

July 31, 2024 — Laura Champagne - Construction Executive
As hurricanes season and summer storms approach, more apartment complexes, commercial and industrial properties, and public buildings are at risk of leaking and flooding. Water-saturated structures are prime breeding grounds for mold, but there are ways to prevent, detect and remove it before it becomes a serious and costly issue—for buildings and building residents alike. Being proactive limits an owner’s exposure to the liability of debilitating health effects and structural safety concerns. Mold requires three things to grow: water, food and humidity. Water will stealthily penetrate small porous surfaces of any building material, such as drywall, plaster, wood, concrete or even fabrics. These materials serve as a food source to quickly produce more fungus. Common sources of undetected water flow include foundation problems, poorly installed windows, roof malfunctions, gutter clogs, storm damage, leaky pipes, improper drainage, HVAC issues, faulty appliances, bathroom vent issues and wet building materials. Mold loves humidity and thrives in dark, warm environments, such as attics, basements, lofts, building corners and bathrooms. Reprinted courtesy of Laura Champagne, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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