Fairfield Connecticut Building Expert Directory

9th Circuit Plumbs Through the Federal and State False Claims Acts

January 16, 2024 — Garret Murai - California Construction Law Blog
You may have heard of the False Claims Act and know that it penalizes companies and individuals in contract with the government who present false claims. The federal False Claims Act was signed into law by President Abraham Lincoln in 1863 to penalize profiteers during the Civil War who were selling the Union Army moth eaten blankets, boxes of sawdust instead of guns, and sometimes re-selling the Army calvary horses several times over. Since then, many states, including California, as well as municipalities, have enacted their own false claim statutes. As currently written, the federal False Claims Act provides for statutory penalties against any person who:

“[K]nowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval”;
“[K]nowingly makes, uses or causes to be made or used, a false record or statement material to a false or fraudulent claim”;
“[H]as possession, custody, or control of property or money used, or to be used, by the Government an knowingly delivers, or causes to be delivered, less than all of that money or property”;

Read the court decision
Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

New York City Construction: Boom Times Again?

October 22, 2013 — CDJ STAFF
Construction spending in New York City is expected to reach $31.5 billion this year, which would be the first time has exceeded $30 billion since 2006. Further , construction spending is projected to grow to $37 billion in 2015. During that same period, construction jobs are expected to grow from 120,000 to 130,000. Richard Anderson, the president of the New York Building Congress noted that “just five years after the worst downturn since the Great Depression, the city’s construction industry finds itself on the brink of yet another building boom.” Much of the increase is due to new residential construction. Read the court decision
Read the full story...
Reprinted courtesy of

West Coast Casualty’s Construction Defect Seminar Returns to Anaheim May 15th & 16th

February 25, 2014 — Beverley BevenFlorez-CDJ STAFF
This year will be the twenty-first anniversary of West Coast Casualty’s Construction Defect Seminar, which brings together industry professionals locally as well as internationally. Early registration begins in the evening of Wednesday, May 14th, while the main events take place on May 15th and 16th at the Disneyland Hotel and Resort. For attendees who wish to explore more of southern California before or after the seminar, you can show your badge and save at many venues including the Warner Bros. VIP Studio Tour, Medieval Times, Pinot Provence, Crossroads at House of Blues, Morton’s Steakhouse, as well as many other establishments. You may register for the seminar online. They are offering a $50 discount to attendees who register before April 15th. Download an invitation or register for the event... Show Your Badge and Save... Read the court decision
Read the full story...
Reprinted courtesy of

President Trump’s Infrastructure Plan Requires a Viable Statutory Framework (PPP Statutes)[i]

April 13, 2017 — John P. Ahlers - Ahlers & Cressman PLLC
Although we live in a politically-divided nation, there is one issue on which there seems widespread agreement: our country requires a massive upgrade to its infrastructure. Rundown airports, crumbling highways, obsolete ports, and dangerous bridges are now endemic across the United States. By contrast, Asian airports and elegant European bridges and rails show that our country needs an upgrade, the cost of which will be enormous. President Trump promised to revitalize America’s aging roads, bridges, railways, and airports. He chose Wilbur Ross for Commerce Secretary and professor of Conservative Economics and Public Policy, Peter Navarro, to formulate an infrastructure plan. Navarro and Ross recommended that the government allocate $137 billion in tax credits for private investors who underwrite infrastructure projects. They estimate that over the next ten years, the credits could spur $1 trillion in investments. That is how much President Trump promised to spend on infrastructure, a key part of his job-creation plan. His plan involves building the infrastructure with private-money financing. Public Private Partnerships (“PPP”) are not a new concept and have been successful in Canada, Europe, and various U.S. states who have pioneered this method of procurement. Federal tax credits have been used to spur private investment in housing, resulting in tens of thousands of low-income housing developments over the years. The credits are sold to private entities such as banks and equity firms that invest anywhere from $.70 to $1.10 in housing developments for every dollar they receive in credits, a ratio that fluctuates with economic conditions. Read the court decision
Read the full story...
Reprinted courtesy of John P. Ahlers, Ahlers & Cressman PLLC
Mr. Ahlers may be contacted at jahlers@ac-lawyers.com

Sometimes You Get Away with Unwritten Contracts. . .

January 20, 2020 — Christopher G. Hill - Construction Law Musings
I have spoken often regarding the need for a well written construction contract that sets out the “terms of engagement” for your construction project. A written construction contract sets expectations and allows the parties to the contract to determine the “law” of their project. An unwritten “gentleman’s agreement” can lead to confusion, faulty memories, and more money paid to construction counsel than you would like as we lawyers play around in the grey areas. One other area where the written versus unwritten distinction makes a difference is in the calculation of the statute of limitations. In Virginia, a 5 year statute of limitations applies to written contracts while a 3 year statute of limitations applies to unwritten contracts. This distinction came into stark relief in the case of M&C Hauling & Constr. Inc. v. Wilbur Hale in the Fairfax, Virginia Circuit Court. In M&C Hauling, M&C provided hauling services to the defendant through a subcontract with Hauling Unlimited in 2014, the last of which was in July. M&C provided over 2000 hours of hauling and provided time tickets (that were passed to Mr. Hale on Hauling Unlimited letterhead and signed by Mr. Hale or his agent) and an invoice stating the price term of $75.00 per hour. No separate written contract between M&C and Hauling Unlimited or Mr. Hale existed. 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

Seven Key Issues for Construction Professionals to Consider When Dealing With COVID-19

April 13, 2020 — Jason Adams - Linked In
By now every construction professional has been inundated with articles regarding the impacts of COVID-19 on the construction industry. The sheer volume of information is overwhelming and changes by the hour. This article is intended to summarize key issues affecting construction professionals and serve as a general road map for navigating the crisis. 1. Determine Project Status The first consideration is whether the construction projects at issue are allowed to proceed given “shelter in place” and related orders. Generally speaking, Governor Newsom has deemed construction to be essential and, therefore, exempt from California’s “Safer at Home” order. There is some debate as to whether the governor’s order takes priority over contradictory local (City and County) orders. For example, some Northern California counties and the City of Berkeley have issued orders expressly providing that their local orders legally supersede the State order because the local orders are more restrictive. If a local ordinance, public entity representative, or the project owner orders the project to shut down, the parties will need to make a fact specific determination regarding how to proceed at that time. If the project proceeds, employee safety is paramount. In the City of Los Angeles employers are required to develop a “comprehensive COVID-19 exposure control plan” that includes a laundry list of safety requirements. Regardless of the jurisdiction, the parties must err on the side of caution and comply with social distancing (six feet), refrain from holding meetings, and close the project to the public. Anyone who can work remotely should be encouraged to do so. Read the court decision
Read the full story...
Reprinted courtesy of Jason Adams, Gibbs Giden
Mr. Adams may be contacted at jadams@gibbsgiden.com

Arizona – New Discovery Rules

May 16, 2018 — John Belanger - Bremer Whyte Brown & O'Meara LLP
Effective July 1, 2018 New Rules of Civil Procedure are taking effect in Arizona on July 1, 2018. The new Rules will change how discovery works in civil litigation in the state. Here is a sneak peek at the changes that will impact your file handling the most: Tiered Discovery

How much discovery is allowed in a case will now depend on the amount and type of relief sought
Cases will be assigned to one of three tiers
Parties can agree on a tier assignment, the court can assign a tier, or a tier can be assigned based on the amount of damages, or a combination of monetary and non-monetary damages

Read the court decision
Read the full story...
Reprinted courtesy of John Belanger, Bremer Whyte Brown & O'Meara LLP
Mr. Belanger may be contacted at jbelanger@bremerwhyte.com

The Role of Code Officials in the Design-Build Process

November 16, 2023 — Grace Calengor - Construction Executive
Building codes are an integral part of the design-build process, but what role do building code professionals play throughout that process? Kevin McOsker, vice president of technology services for the government relations department at the International Code Council, breaks it down, from basic design to groundbreaking ideas to incorporating new technology and retrofitting older builds. McOsker, whose experience includes serving as building official for the city of Las Vegas, is no stranger to striking architecture and the safety protocols that go along with it. He believes that safety protocol starts before the contractors begin building and that contractors should be involved throughout the entire journey. Reprinted courtesy of Grace Calengor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
Read the full story...
Reprinted courtesy of

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES