Fairfield Connecticut Building Expert Directory

Contractor Jailed for Home Repair Fraud

November 27, 2013 — CDJ STAFF
An Illinois man has received his third prison sentence for construction fraud, this time for five and a half years. Perry Porter was arrested in October and plead guilty to aggravated home repair fraud. Mr. Porter had charged a homeowner $1,000 per hour for a home repair that should have cost a total of $500. Mr. Porter has also been ordered to pay $6,700 in restitution to the victim. Read the court decision
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Lien Actions Versus Lien Foreclosure Actions

June 02, 2016 — David R. Cook Jr. – AHHC Construction Law Blog
The lawsuits required to perfect and foreclose upon a lien have confused lien claimants and their attorneys for years. This confusion was recently demonstrated in a recent case entitled Founders Kitchen and Bath, Inc. v. Alexander, No. A15A1262, 2015 WL 6875026 (Ga. App. 2015). In the case, the trial court granted an owner’s motion for summary judgment against a subcontractor that sought to foreclose on its materialman’s lien. In deciding to reverse the trial court’s decision, the Court held that issues of material fact still existed as to whether the owner and subcontractor were in privity of contract. Read the court decision
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Reprinted courtesy of David R. Cook Jr., Autry, Hanrahan, Hall & Cook, LLP
Mr. Cook may be contacted at cook@ahclaw.com

Architectural Firm, Fired by School District, Launches Lawsuit

October 01, 2013 — CDJ STAFF
El Associates Architects and Engineers is suing the Boyertown School District after the district fired them for underestimating the cost of an expansion project. The school district, located in Pennsylvania, was seeking to increase student capacity. El Associates estimate lead to a $55 million budget, but D’Huy Engineering, the district’s construction management firm, estimated $70 million for the project. After the Boyertown School District hired KCBA Architects, El Associates filed suit. El Associates contends that it had followed the contract requirements and that the school district was in violation of the contract’s provisions on terminating the agreement. Read the court decision
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If You Purchase a House at an HOA Lien Foreclosure, Are You Entitled to Excess Sale Proceeds?

February 03, 2020 — Ben Reeves - Snell & Wilmer Real Estate Litigation Blog
That pesky excess sale proceeds statute, A.R.S. § 33-727, is making waves again. We previously blogged about this statute here. In the prior post, we explained that excess sale proceeds (i.e., a foreclosure sale price greater than the lien being foreclosed) must be used to pay other lien creditors, in full, before the owner receives anything. Recently, the Arizona Court of Appeals held that creditors also take excess sale proceeds before the person who purchased the property at foreclosure. The case, Vista Santa Fe Homeowners Association v. Millan, No. 1 CA-CV 18-0609 (Ct. App. Oct. 15, 2019), is discussed below. The Facts In Vista Santa Fe, an individual bought a home secured by a first and second deed and trust. The homeowner defaulted on assessments owed to the Vista Santa Fe Homeowners Association (the “HOA”), and the HOA commenced an action to foreclose the resulting assessment lien. At the time, the HOA was owed approximately $14,000. Patterson Commercial Land Acquisition & Development, LLC (“Patterson”) purchased the property at the HOA’s sheriff’s sale for $42,000. After satisfying the HOA’s lien, the sheriff deposited the excess sale proceeds, in the amount of approximately $28,000, with the clerk of the court. Both Patterson and the second deed of trust holder, Bank of New York Mellon (“Bank”), submitted claims for the excess sale proceeds.[1] The trial court awarded the money to the Bank, and Patterson appealed. Read the court decision
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Reprinted courtesy of Ben Reeves, Snell & Wilmer

6 Ways to Reduce Fire Safety Hazards in BESS

January 02, 2024 — The Hartford Staff - The Hartford Insights
Renewable energy sources, such as solar and wind, are projected to generate 44% of all power in the U.S. by 2050, which is increasing the need for battery energy storage systems (BESS).1 BESS are electrochemical devices that collect energy from a power grid, power plant or renewable source, hold it, and then discharge that energy later to provide electricity on demand. “A BESS does not itself create or produce energy, it is a storage system. The energy is produced by other means, including different types of renewable sources. Think of a cellphone – you charge it overnight and then it runs throughout the day off that battery power,” says Stacie Prescott, head of energy for middle and large commercial at The Hartford. Read the court decision
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Reprinted courtesy of The Hartford Staff, The Hartford Insights

Florida Courts Inundated by Wave of New Lawsuits as Sweeping Tort Reform Appears Imminent

April 03, 2023 — John A. Rine - Lewis Brisbois
Tampa, Fla. (March 22, 2023) – Plaintiffs’ attorneys throughout Florida are rushing to file lawsuits in anticipation of sweeping tort reform legislation. It has been reported that some plaintiffs’ firms in the Sunshine State have filed hundreds – and in some cases thousands – of new lawsuits this week ahead of the potential enactment of the bill. It has also been reported that this record number of new suits being filed is causing difficulty and failures in some court computer systems. These plaintiffs’ attorneys are panicked by HB 837. This bill will potentially provide the most radical tort reform the state has seen in several decades. The specific revisions to civil litigation are dramatic. For instance, the statute of limitations would be cut in half, from four years to two years. Additionally, insurance carriers would be immune from claims of bad faith if they tender the limits within 90 days of notice of a claim. Carriers will also enjoy numerous new protections from bad faith litigation even where there is no tender in the first 90 days. Read the court decision
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Reprinted courtesy of John A. Rine, Lewis Brisbois
Mr. Rine may be contacted at John.Rine@lewisbrisbois.com

Recommendations for Property Owners After A Hurricane: Submit a Claim

October 04, 2021 — Kelly A. Johnson, Stephanie A. Giagnorio & Gregory D. Podolak - Saxe Doernberger & Vita, P.C.
If you suffered damage as a result of a hurricane, you should submit a claim under any insurance policy you have that might apply. This includes:

Flood insurance
Homeowner’s insurance
Renter’s insurance
Condo insurance
Auto insurance

Steps for Handling Your Hurricane Insurance Claim

Submit Your Claim. As soon as possible, provide a written notice of claim to your insurer according to the notice provision of your policy. Keep a copy for your records. If you don’t have a copy of your policy, call the insurance company, ask them how to submit your claim, and request a copy of your policy.

Reprinted courtesy of Kelly A. Johnson, Saxe Doernberger & Vita, Stephanie A. Giagnorio, Saxe Doernberger & Vita and Gregory D. Podolak, Saxe Doernberger & Vita Ms. Johnson may be contacted at KJohnson@sdvlaw.com Ms. Giagnorio may be contacted at SGiagnorio@sdvlaw.com Mr. Podolak may be contacted at GPodolak@sdvlaw.com Read the court decision
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North Carolina Weakened Its Building Codes in 2013

October 09, 2018 — Ari Natter - Bloomberg
Five years ago, encouraged by home builders and an anti-regulatory zeal, lawmakers in North Carolina joined other states in weakening building code requirements. It’s a decision they may regret as Hurricane Florence takes aim at the Carolinas. The Legislature in 2013 increased the amount of time between updates to its building code from three years to six. That means that updates that set new standards for elevating the floors in flood-prone homes aren’t in effect, according to the Federal Alliance for Safe Homes Inc., a non-profit disaster safety organization. Read the court decision
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Reprinted courtesy of Ari Natter, Bloomberg

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