Fairfield Connecticut Building Expert Directory

National Infrastructure Leaders Visit Dallas' Able Pump Station to Tout Benefits of Water Infrastructure Investment

September 25, 2023 — American Society of Civil Engineers
DALLAS, TX. — An award-winning pump station in south downtown Dallas that protects residents from the Trinity River today was showcased by the national Engineering and Public Works Roadshow as an example of how infrastructure investment can improve the resilience of a community, protect residents, and encourage economic growth. The Able Pump Station in downtown Dallas, Texas won awards from both the American Council of Engineering Companies and the American Society of Civil Engineers since its completion in 2019 and has been credited with providing 100-year flood protection to approximately three square miles of high-profile land that was historically vulnerable to severe flooding events from the Trinity River. The Engineering and Public Works Roadshow is a joint project of the American Council of Engineering Companies (ACEC), the American Public Works Association (APWA), and the American Society of Civil Engineers (ASCE). The properties adjacent to the previous Able sump complex had experienced frequent flooding. The sump complex included nine separate and interconnected ponds that store stormwater, as well as two existing pump stations, constructed in the 1930s and 1950s, with a combined capacity of 220,000 gallons per minute. To help prevent the loss of life as a result of flooding, the City of Dallas hired HDR to design the new Able Pump Station, which increases the pumping capacity nearly fourfold, to 875,000 gallons per minute. It also lowers the 100-year flood elevation from 399.0 to a design elevation of 392.5 feet. As the federal government continues to implement this monumental legislation, the second year of the Bipartisan Infrastructure Law will not be fully realized without an expanded and robust workforce. It is imperative that students nationwide are educated on the rewarding careers of civil engineering and public works so that these professions have the necessary staffing to complete transformative projects. Read the court decision
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Insurer Springs a Leak in Its Pursuit of Subrogation

August 21, 2023 — Katherine Dempsey - The Subrogation Strategist
In Nationwide Prop & Cas. Ins. Co. v. Fireline Corp., No. 1:20-cv-00684, 2023 U.S. Dist. LEXIS 104241, the United States District Court for the District of Maryland (District Court) considered whether the events giving rise to the plaintiff’s claims fell within the scope of a previously formed agreement, thereby rendering the plaintiff’s claims subject to the agreement’s time limitation and waiver of subrogation provisions. The District Court found that the claims fell within the scope of the agreement. The plaintiff, Nationwide Property & Casualty Insurance Company (Insurer), provided property insurance to Maple Lawn Homeowners Association, Inc. (Maple Lawn) for common property located in Fulton, Maryland, including a community center (the Subject Premises). On January 18, 2018, Maple Lawn entered into an Inspection Agreement (the Agreement) with defendant, Fireline Corporation (Fireline), wherein Fireline agreed to provide:

annual fire alarm inspection and testing services,
quarterly sprinkler inspection and testing, and
annual portable fire extinguisher testing and inspection.

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Reprinted courtesy of Katherine Dempsey, White and Williams LLP
Ms. Dempsey may be contacted at dempseyk@whiteandwilliams.com

Nine Newmeyer & Dillion Attorneys Recognized as Southern California Super Lawyers

February 11, 2019 — Newmeyer & Dillion LLP
Prominent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that nine of its Newport Beach attorneys have been selected to the 2019 Southern California Super Lawyers list. Each year, no more than 5 percent of lawyers are selected to receive this honor. Attorneys named to the Southern California Super Lawyers list include: Michael Cucchissi Jeff Dennis Greg Dillion Joseph Ferrentino Charles Krolikowski John O'Hara Jane Samson Michael Studenka Paul Tetzloff Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations. About Newmeyer & Dillion For almost 35 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, privacy & data security and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client's needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.ndlf.com. Read the court decision
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California Team Secures Appellate Victory on Behalf of Celebrity Comedian Kathy Griffin in Dispute with Bel Air Neighbor

August 04, 2021 — Jeffry Miller, Wendy Dowse, Dana Fox & Michael Moss - Lewis Brisbois
San Diego Appellate Partner Jeffry A. Miller, Indian Wells Appellate Partner Wendy S. Dowse, and Los Angeles Partners Dana Alden Fox and Michael Moss recently prevailed in an appeal from a judgment entered after the trial court granted Lewis Brisbois clients Kathy Griffin and Randy Bick, Jr.’s motion for summary adjudication of the plaintiffs’ causes of action for invasion of privacy and violation of California Penal Code section 632, which prohibits recording confidential communications. As reported by Law360 in an article titled "Kathy Griffin Beats Calif. Neighbors' Backyard Spying Suit," and in a Bloomberg Law article titled "Comedian Kathy Griffin Beats Neighbor’s Invasion of Privacy Suit," the plaintiffs initially filed suit against Griffin and Bick, Jr. in 2018, alleging that their home security cameras recorded “every move and every communication” in the plaintiffs’ private backyard. They argued that the defendants' use of the security system invaded their privacy and violated California law. Prior to the lawsuit, Griffin and Bick, Jr. had made noise complaints about the plaintiffs to their homeowners' association and to the Los Angeles Police Department. The plaintiffs learned of the defendants' security cameras after a profane rant directed at the defendants and related to their noise complaint was recorded and reported in the media. Reprinted courtesy of Jeffry Miller, Lewis Brisbois, Wendy Dowse, Lewis Brisbois, Dana Fox, Lewis Brisbois and Michael Moss, Lewis Brisbois Mr. Miller may be contacted at Jeff.Miller@lewisbrisbois.com Ms. Dowse may be contacted at Wendy.Dowse@lewisbrisbois.com Mr. Fox may be contacted at Dana.Fox@lewisbrisbois.com Mr. Moss may be contacted at Michael.Moss@lewisbrisbois.com Read the court decision
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Hail Damage Requires Replacement of Even Undamaged Siding

February 05, 2015 — Tred R. Eyerly – Insurance Law Hawaii
In a dispute over the property policy's requirement that lost or damaged property be repaired or replaced, the Minnesota Supreme Court held that the policy language called for replacement of undamaged siding panels to obtain a color match. Cedar Bluff Townhome Condominium Ass'n, Inc. v. Am. Family Mut. Ins. Co., 2014 Minn. LEXIS 661 (Minn. Dec. 17, 2014). During a hail storm, all 20 of Cedar Bluff's buildings sustained some damage. The roofs on all of the buildings needed to be replaced, and at least one siding panel on each building sustained damage. Eleven of the 20 buildings had three or fewer damaged panels. At the time of the hail storm, the siding was approximately 11 years old, and the color of the panels had faded. Replacement panels were available, but not in the same color. Cedar Bluff submitted a claim under its business owners' policy to American Family. The policy obligated the insurer to pay for "direct physical loss of or damage to Covered Property at the premises . . . caused by or resulting from any Covered Cause of Loss." "Covered Property" was broadly defined in the policy to include buildings at the premises. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Home Building on the Upswing in Bakersfield

May 10, 2013 — CDJ STAFF
Low inventories and low mortgage rates are leading developers to build new homes in Bakersfield, California. According to KGET, home permits are up forty-five percent over last April. In one development, a street of six homes all sold on the same day. Indications are also that people who lost their homes during the bust are entering homeownership again. Prices are also up. A year ago, the average home sale price was $145,000. Now it’s $250,000. Oh, and that development where they sold six homes in a day? The next phase of development goes on sale in May. Read the court decision
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Maybe Supervising Qualifies as Labor After All

May 22, 2023 — Christopher G. Hill - Construction Law Musings
Remember back in 2021 when I “mused” about Dickson v. Fidelity and Deposit Company of Maryland et al.? Remember how the Eastern District of Virginia held that mere supervision does not qualify as “labor” under the federal Miller Act? Well, the 4th Circuit recently weighed in on the appeal of that case and had some interesting things to say about the definition of labor. As a quick reminder, Plaintiff worked as a project manager on a project to repair and upgrade certain stairs at the Pentagon. Plaintiff subcontracted with prime contractor Forney Enterprises Inc. on this project. On Dec. 20, 2018, the prime contract was terminated. Plaintiff filed the Miller Act suit on Feb. 5, 2020. Dickson alleged that Fidelity and Deposit Company of Maryland, or F&D, must pay him, pursuant to the Miller Act, the amount he is owed for the labor he performed on the project. Now before the district court were cross-motions for summary judgment. In evaluating Plaintiff’s claims, the district court examined the defendant’s claims that (1) Dickson’s work did not qualify as “Labor” under the Miller Act, and (2) that the suit was not timely filed. The Eastern District of Virginia court agreed with both arguments. 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

Seattle Expands Bridge Bioswale Projects

May 11, 2020 — Jim Parsons - Engineering News-Record
The success of engineered systems to capture stormwater runoff from Seattle’s Aurora Avenue Bridge has spurred construction of additional measures that proponents say will increase total filtering capacity by another two million gallons per year. Jim Parsons, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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