Fairfield Connecticut Building Expert Directory

Mind The Appeal Or: A Lesson From Auto-Owners Insurance Co. V. Bolt Factory Lofts Owners Association, Inc. On Timing Insurance Bad Faith And Declaratory Judgment Insurance Claims Following A Nunn-Agreement

August 06, 2019 — Jean Meyer - Colorado Construction Litigation
On May 30, 2019, Judge Richard Brooke Jackson of the United States District Court for the District of Colorado offered an insightful lesson to the parties in Auto-Owners Insurance Co. v. Bolt Factory Lofts Owners Association, Inc.[1] on the importance of ripeness in declaratory judgment insurance actions and bad faith counterclaims. The case arrived in front of Judge Jackson based on the following fact pattern. A homeowner association (Bolt Factory Lofts Owners Association, Inc.) (“Association”) brought construction defect claims against a variety of prime contractors and those contractors subsequently brought third-party construction defect claims against subcontractors. One of the prime contractors assigned their claims against a subcontractor by the name Sierra Glass Co., Inc. (“Sierra”) to the Association and all the other claims between all the parties settled. On the eve of trial involving only the Association’s assigned claims against Sierra, the Association made a settlement demand on Sierra for $1.9 million. Sierra asked its insurance carrier, Auto-Owners Insurance, Co. (“AOIC”), which had been defending Sierra under a reservation of rights letter, to settle the case for that amount, but AOIC refused. This prompted Sierra to enter into a “Nunn-Agreement” with the Association whereby the case would proceed to trial, Sierra would refrain from offering a defense at trial, the Association would not pursue any recovery against Sierra for the judgment, and Sierra would assign any insurance bad faith claims it may have had against AOIC to the Association. (“Nunn-Agreement”) Read the court decision
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Reprinted courtesy of Jean Meyer, Higgins, Hopkins, McLain & Roswell, LLC
Mr. Meyer may be contacted at meyer@hhmrlaw.com

White and Williams Lawyers Recognized by Best Lawyers

August 26, 2015 — White and Williams LLP
Twelve White and Williams lawyers have been listed in The Best Lawyers in America 2016. Inclusion in Best Lawyers is based entirely on peer-review. The methodology is designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. 2016 Best Lawyers Attorney / Practice Area Frank Bruno / Patent Law James Coffey / Mergers and Acquisitions Law Timothy Davis / Real Estate Law Joseph Foster / Personal Injury Litigation - Defendants William Hussey / Tax Law; Trusts and Estates Michael Kraemer / Employment Law - Management; Labor Law; Management; Litigation - Labor and Employment Randy Maniloff / Insurance Law John Orlando / Personal Injury Litigation - Defendants Thomas Rogers / Real Estate Law Joan Rosoff / Real Estate Law Craig Stewart / Insurance Law; Product Liability - Defendants William Taylor / Construction Law Read the court decision
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You may contact White and Williams LLP attorneys at www.whiteandwilliams.com

Michigan Civil Engineers Give the State's Infrastructure a "C-" Grade, Improving from "D+" Grade in 2018

May 08, 2023 — The American Society of Civil Engineers
LANSING, MI. — The Michigan Section of the American Society of Civil Engineers (ASCE) released the 2023 Report Card for Michigan's Infrastructure today, with 14 categories of infrastructure receiving an overall grade of 'C-', an improvement over the 'D+' grade issued in the state's 2018 report card. That means Michigan's infrastructure systems are improving but are still in average condition and require attention. Michigan's grade is on par with the national average of 'C-' given in the 2021 Report Card for America's Infrastructure. Civil engineers graded Michigan's aviation (C), bridges (D+), dams (C-), drinking water (D+), energy (D), inland waterways (C), public parks (C), rail (C), roads (D), schools (C-), solid waste (C+), stormwater (D), transit (C-), and wastewater (C). The report also included a chapter on the state's broadband infrastructure, which did not receive a grade due to insufficient available data. Michigan policymakers have driven progress in the last five years to improve infrastructure assets by implementing short-term funding solutions to address decades of deferred maintenance, including surface transportation funding through the Rebuilding Michigan plan and improved water infrastructure systems through the MI Clean Water Plan. The state will also benefit from recent federal infrastructure investments included in the Bipartisan Infrastructure Law (BIL), Coronavirus Aid, Relief, and Economic Security (CARES) Act, and American Rescue Plan Act (ARPA). However, Michigan generally lacks sufficient long-term funding mechanisms to ensure all infrastructure sectors reach and sustain a state of good repair. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. Read the court decision
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Contractors: Revisit your Force Majeure Provisions to Account for Hurricanes

September 14, 2017 — David Adelstein - Florida Construction Legal Updates
We now know and can appreciate the threat of hurricanes. Not that we did not appreciate the reality of hurricanes–of course we did–but Hurricane Harvey and Hurricane Irma created the type of actual devastation we fear because they hit close to home. The fear came to life, creating panic, anxiety, and uncertainty. It is hard to plan for a force majeure event such as a hurricane because of the capriciousness of Mother Nature. But, we need to do so from this point forward. No exception! And, I mean no exception!! A force majeure event is an uncontrollable event that cannot be anticipated with any degree of definitiveness. The force majeure event will excusably delay or hinder performance obligations under a contract. One type of force majeure event is a hurricane—an uncontrollable and unforeseen act of Mother Nature. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at Dadelstein@gmail.com

Payne & Fears Recognized by Best Lawyers in 2025 Best Law Firms®

December 03, 2024 — Payne & Fears LLP
Payne & Fears LLP has been named to the 2025 Best Lawyers “Best Law Firms” list. This recognition highlights firms that demonstrate professional excellence, receiving outstanding ratings from both clients and peers. Payne & Fears has been ranked in the following practice areas: Metropolitan Tier 1

Orange County

Commercial Litigation
Employment Law – Management
Insurance Law
Labor Law – Management
Litigation – Labor and Employment
Litigation – Real Estate

Metropolitan Tier 2

Las Vegas

Commercial Litigation

Metropolitan Tier 3

Orange County

Litigation – Intellectual Property

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Reprinted courtesy of Payne & Fears LLP

Thirteen Payne & Fears Attorneys Honored by Best Lawyers

August 19, 2024 — Payne & Fears LLP
Congratulations to the 13 Payne & Fears attorneys included in the 2025 Edition of “Lawyer of the Year,” The Best Lawyers In America®, and Best Lawyers: Ones to Watch®. Attorneys have been recognized in the following practice areas: 2025 Edition “Lawyer of the Year” Orange County Benjamin A. Nix

Trade Secrets Law

Daniel F. Fears

Litigation – Labor and Employment

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Reprinted courtesy of Payne & Fears LLP

Job Gains a Positive for Housing

October 15, 2014 — Beverley BevenFlorez-CDJ STAFF
The National Association of Home Builders’ Eye on Housing reported that there were 248,000 net jobs created in September, according to the Bureau of Labor Statistics (BLS): “August gains were revised from a disappointing 142,000 to a slightly better 180,000, while July’s tally was also revised from 212,000 to 243,000.” Furthermore, “September was a promising month for residential construction employment. The BLS data reveal that home builders and remodelers added 11,800 positions last month. Over the last year, residential construction employment has expanded by 129,000 jobs.” Read the court decision
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Real Estate & Construction News Roundup (4/24/24) – Omni Hotels Hit with Cyberattack, Wisconsin’s Low-Interest Loans for Home Construction, and Luxury Real Estate Sales Increase

May 20, 2024 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, alternative lenders take the lead in CRE loans, construction workers worry about artificial intelligence, prospective homeowners express concerns about climate risks, and more!

Even as overall real estate sales fell 4% nationwide in the first quarter, luxury real estate sales increased more than 2%, posting their best year-over-year gains in three years. (Robert Frank, CNBC)
As many banks cut back from commercial real estate loans amid rising interest rates and a regional banking crisis that exploded in early 2023, a number of alternative lenders jumped in to lead the way. (Andrew Coen, Commercial Observer)
Workers in construction and other industries are worried about artificial intelligence, and it’s keeping their companies from moving forward more decisively with the surging technology. (Matthew Thibault, Construction Dive)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES