Fairfield Connecticut Building Expert Directory

Firm Sued for Stopping Construction in Indiana Wants Case Tried in Germany

October 16, 2013 — CDJ STAFF
Getrag Transmission, a German firm, is being sued by a Detroit-based construction firm that Getrag had hired to build a factory in Indiana. When a court gave the go-ahead to Walbridge Construction for the suit, Getrag appealed, stating that the case should be held in German so that Getrag officials do not have the expense of traveling to Indiana. Getrag was building the plant, which would have cost $350 million, as part of a partnership with Chrysler. Chrysler dropped from the project after filing for bankruptcy. Shortly afterward, Getrag also filed for bankruptcy. Walbridge is seeking $118.5 million due to expenses incurred with subcontractors. Chrysler has announced its intention of finishing the plant, which they estimate will cost about $162 million. Once complete, the plant will employ about 850 workers. Read the court decision
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2017 Legislative Changes Affecting the Construction Industry

November 21, 2017 — Melinda S. Gentile – Peckar & Abramson, P.C.
Originally published by CDJ on July 13, 2017 The 2017 Florida Legislative Session recently concluded, and a number of important construction-related House Bills (HB) and Senate Bills (SB) were presented during the Session, most notably SB 204/HB 377. These Bills may impact General Contractors and Construction Managers in a number of ways, not the least of which is the period of time that a cause of action may be initiated for the design, planning or construction of an improvement. The following construction-related Bills passed in both the House and Senate and will become law if approved by the Governor. Senate Bill (SB) 204/House Bill (HB) 377: Relating to the Statute of Repose for causes of action based on design, planning or construction of an improvement to real property. This bill passed both the House and the Senate and was approved by the Governor on June 14, 2017. This bill becomes effective on July 1, 2017. 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

Lennar Profit Tops Estimates as Home Prices Increase

March 26, 2014 — John Gittelsohn – Bloomberg
Lennar Corp. (LEN), the biggest U.S. homebuilder by market value, reported a fiscal first-quarter profit that beat analysts’ estimates as the company sold more homes at increased prices. Net income climbed to $78.1 million, or 35 cents a share, in the three months through February, from $57.5 million, or 26 cents, a year earlier, the Miami-based company said in a statement today. Analysts expected earnings of 28 cents a share, the average of 17 estimates compiled by Bloomberg. Publicly traded builders have been increasing prices to take advantage of a tight supply of new and existing homes while using their economies of scale to reduce costs and widen profit margins. Lennar’s profit, deliveries and orders grew even as inclement weather threatened home sales in much of the U.S. during the quarter, according to Drew Reading, a Bloomberg Industries analyst. “Lennar followed KB Home (KBH) in reporting order trends indicating a strong start to the spring selling season,” Reading said in a note after the earnings were released. Read the court decision
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Reprinted courtesy of John Gittelsohn, Bloomberg
Mr. Gittelson may be contacted at johngitt@bloomberg.net

What You Need to Know About CARB’s In-Use Off-Road Diesel Regulations

May 20, 2024 — Garret Murai - California Construction Law Blog
In November 2022, the California Air Resources Board (CARB) approved amendments to . . . wait for it . . . its “In-Use Off-Road Diesel-Fueled Fleet” regulations – that enough hyphens for you – which took effect on January 1, 2024. The purpose of the regulations is to reduce emissions from off-road equipment, many of which are used by construction contractors, such as forklifts, bulldozers, cranes and excavators. Are these new regulations? Yes and no. CARB has regulated in-use off-road diesel-fueled vehicles since 2008 and has periodically amended these regulations. The most recent amendments take effect on January 1, 2024. What vehicles do the regulations apply to? The regulations apply to two classes of vehicles (1) self-propelled off-road diesel-fueled vehicles of 25 horsepower (hp) or more; and (2) two-engine vehicles other than on-road two-engine sweepers. The regulations apply to both owned as well as rented and leased vehicles. As used in this article, the term “vehicle(s)” refers to these two classes of vehicles. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and Applied to Subcontractors

May 23, 2022 — Gus Sara - The Subrogation Strategist
In 2700 Bohn Motor, LLC v. F.H. Myers Constr. Corp., No. 2021-CA-0671, 2022 La. App. LEXIS 651 (Bohn Motor), the Court of Appeals of Louisiana for the Fourth Circuit (Court of Appeals) considered whether a subrogation waiver in an AIA construction contract was enforceable and, if so, whether the waiver also protected subcontractors that were not signatories to the contract. The lower court granted the defendants’ motion for summary judgment based on the subrogation waiver in the construction contract. The plaintiffs appealed the decision, arguing that the subrogation waiver violated Louisiana’s anti-indemnification statute. The plaintiffs also argued that even if enforceable, the subrogation waiver did not apply to the defendant subcontractors since they were not parties to the contract. The Court of Appeals ultimately held that the subrogation waiver did not violate the anti-indemnification statute because the waiver did not shift liability, which the statute was intended to prevent. In addition, the Court of Appeals found that the contract sufficiently satisfied the required elements for the defendant subcontractors to qualify as third-party beneficiaries of the contract. 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

Are Construction Contract Limitation of Liability Clauses on the Way Out in Virginia?

March 11, 2024 — Christopher G. Hill - Construction Law Musings
Remember BAE Systems and Fluor? This post is the third here at Construction Law Musings relating to this case which is a seemingly never-ending source for content. In the prior post discussing this case, the Court found that Va. Code 1-4.1:1 which bars waiver of a right to payment before work is performed did not apply because Fluor had provided work before execution of the contract or any change orders. In the most recent opinion in this long-running litigation, and after a motion to reconsider by Fluor that was granted, the Court re-examined this finding along with the contractual language found in the Limitation of Damages (LOD) clause and came to the opposite conclusion regarding certain change orders that remained unpaid by BAE. The Court first looked to the language of the contract itself and specifically the language in the LOD provision that states “Except as otherwise provided in this Subcontract.” The Court then looked at the change order provision and its typical equitable adjustment language and the mandatory nature of the equitable adjustment language. The Court found that the LOD provisions did not apply to change orders both because price increases due to change orders are not “damages” and because of the exception language in the LOD provision itself. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Pile Test Likely for Settling Millennium Tower

October 04, 2021 — Nadine M. Post - Engineering News-Record
A pilot pile program to prove the efficacy of a less-disruptive method for the paused foundation fix at the ailing Millennium Tower in San Francisco could begin the week of Oct. 4. Accelerated settling and tilt—caused by a pile upgrade intended to correct settlement of the 645-ft-tall residential condominium—ceased after Aug. 20, when the engineer-of-record halted the $100-million fix. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
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Los Angeles Considering Census of Seismically Unstable Buildings

August 27, 2013 — CDJ STAFF
In 1994, after the Northridge earthquake lead to the deaths of 57 people and $2 billion in damage, the Los Angeles City Council considered making a list of buildings that were vulnerable to failure in earthquakes and mandating that they be made seismically sound. The measure did not come to pass. Tom LaBonge, a member of the council, is seeking to finally get that inventory done. According to the Los Angeles Times, thousands of buildings in Los Angeles were constructed with a ground floor level that is insufficient to support the rest of the building in the event of an earthquake. These “soft-story” buildings can be reinforced to better resist earthquakes, but first they need to be identified. Owners of apartment buildings worry about the cost of the retrofits, suggesting that if the city is going to come up with mandatory retrofits, they should also “help property owners pay for it,” as Beverly Kenworthy, the executive director of the Los Angeles division of the California Apartment Association told the Times. San Francisco recently did require retrofits, finding about 3,000 apartment buildings that were at seismic risk. Still, San Francisco doesn’t seem to have moved any faster than Los Angeles, as they were responding to the Loma Prieta earthquake of 1989, seven years before the Northridge quake. Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES