Fairfield Connecticut Building Expert Directory

Best Lawyers® Recognizes 29 White and Williams Lawyers

October 07, 2019 — White and Williams LLP
Twenty-nine White and Williams lawyers were recognized in The Best Lawyers in America© 2020. Inclusion in Best Lawyers® is based entirely on peer-review. The methodology is designed to capture, as accurately as possible, 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 quality legal services. In addition, Randy Maniloff was named the Best Lawyers® 2020 Insurance Law "Lawyer of the Year" in Philadelphia. Read the court decision
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Reprinted courtesy of White and Williams LLP

Illinois Law Bars Coverage for Construction Defects in Insured's Work

September 24, 2014 — Tred R. Eyerly – Insurance Law Hawaii
Applying Illinois law, the Seventh Circuit determined there was no coverage for faulty workmanship causing property damage to the insured's project. Nautilus Ins. Co. v. Board of Directors of Regal Lofts Condominium Ass'n, 2014 U.S. App. LEXIS 16250 (7th Cir. Aug. 21, 2014). The developer converted a vacant building into a condominium. The construction was completed in 2000. The Condominium Board took control of the condo association on July 27, 2000. As early as May 2000, one homeowner was aware of water damage problems in the building. Other complaints surfaced. An investigation found that the exterior brick masonry walls were not fully waterproofed, which caused leaks. The investigation further showed that deteriorated conditions had likely developed over many years, even prior to the condominium conversion, but the present water penetration was caused by the inadequate restoration of the walls to a water-tight condition. The underlying action was filed against the developer for failure to properly construct the exterior walls. The developer's carrier, Nautilus, denied coverage. In an amended complaint, the Board added a count of negligence. Again, Nautilus denied coverage. The Board's second amended complaint alleged that the developer's negligence had caused damage to personal property within the building, in addition to the interior of the building and the building itself. For the third time, Nautilus denied coverage and filed for declaratory relief. 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

London Is Falling Down and It's Because of Climate Change

July 16, 2023 — Priscila Azevedo Rocha - Bloomberg
Britain’s increasingly extreme weather is shaking the very foundations of its centuries-old history. The nation has been experiencing prolonged periods of drought after wet winters since last year. That’s causing the porous rock beneath vast parts of southeast of England, including London, to move more than usual, cracking or tilting many of the city’s historical homes in the plushest neighborhoods. The damage has triggered the highest insurance payout in almost two decades, with experts warning that it could get worse. The London clay, the type of soil that covers most of these areas, “is quite unique” because it can shrink and swell a lot, according to Lee Jones, a geological engineer at the British Geological Survey who has studied UK hazards for over 30 years. “The wetter it gets, the more it swells and expands and the drier it gets, the more it shrinks and cracks,” he said, adding that future temperature extremes will exacerbate the impact on buildings and roads. Read the court decision
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Reprinted courtesy of Priscila Azevedo Rocha, Bloomberg

Unpredictable Opinion Regarding Construction Lien (Reinstatement??)

January 17, 2023 — David Adelstein - Florida Construction Legal Updates
Here comes the discussion of an appeal I was intimately involved in dealing with a construction lien. See Suntech Plumbing and Mechanical Corp. v. Bella Isla, LLC, 2022 WL 14672765 (Fla. 3d DCA 2022). Unfortunately, it was a losing result on my end but not a losing result to the issue at-hand. You should ask what in the world does this mean. I will tell you. Here is the fact pattern. A subcontractor files a construction lien foreclosure lawsuit against an owner for unpaid contract balance. In the same lawsuit, the subcontractor sues the general contractor for breach of contract and unjust enrichment associated with an approximate three-year delay on a construction project. The project was scheduled to be completed in 2019. It was not. The project was pushed into COVID and into 2022. (The subcontractor did not sue the general contractor for amounts subject to the lien foreclosure claim.) The general contractor, assuming the defense of the owner, moved to stay the lawsuit pending the outcome of arbitration based on an arbitration provision in the subcontract. The subcontractor did not dispute the arbitration provision, but argued that arbitration provision should not extend to the owner that was (a) not bound by the subcontract, (b) would not be a party to the arbitration, and (c) the amounts pled against the general contractor did not include the amounts subject of the lien foreclosure lawsuit. At a minimum, the lawsuit should be stayed, not dismissed. Nevertheless, the trial court dismissed the entire lawsuit in an order that states that it is a final order with language that the lien may be “reinstated” after the outcome of the arbitration (that the owner is not a party to). Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Restaurant Wants SCOTUS to Dust Off Eleventh Circuit’s “Physical Loss” Ruling

February 01, 2021 — Michael S. Levine & Geoffrey B. Fehling - Hunton Insurance Recovery Blog
A South Florida restaurant has asked the US Supreme Court to overturn a federal district court’s ruling that the restaurant is not entitled to coverage under an “all risk” commercial property insurance policy for lost income and extra expenses resulting from nearby road construction. In the underlying coverage action, the policyholder, Mama Jo’s (operating as Berries in the Grove), sought coverage under its all-risk policy for business income losses and expenses caused by construction dust and debris that migrated into the restaurant. Should the Supreme Court grant certiorari, the case will be closely watched by insurers and policyholders alike as an indicator of the scope of coverage available under all-risk policies and whether the principles pertinent to construction dust and debris (at issue in Mama Jo’s claim) have any application to the thousands of pending claims for COVID-19-related business interruption losses pending in the state and federal court systems. As previously discussed on this blog, the Eleventh Circuit’s decision deviates from Florida precedent on the issue of “direct physical loss” and even its own understanding of that term as described in the August 18, 2020 decision now at issue before the Supreme Court. Mama Jo’s points to this in its petition along with several other errors arguing, for example, that the appellate court’s ruling renders entire areas of coverage nonexistent by requiring “tangible destruction” of property under all-risk policies that expressly afford coverage for types of clean-up costs required to remove debris from covered property. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Geoffrey B. Fehling, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Fehling may be contacted at gfehling@HuntonAK.com Read the court decision
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How Palm Beach Balances Mansion Politics Against Climate Change

July 05, 2021 — Amanda L. Gordon - Bloomberg
It feels like a precipice moment for Palm Beach, a Florida town in the throes of a waterfront mansion-building mania just as the impacts of climate change start pushing in. At the town council’s regular meeting this past week, officials talked about the need to raise the grade of a beloved bike trail—and, at the same time, somehow add height to the privately-owned seawalls running alongside it. Raising both together would help preserve views and accessibility. But if individual sections of the public bikeway and the mansion-fronting seawalls are raised piecemeal and go out of sync, it would weaken the defense against flooding and make for uneven pedaling. As the town’s director of public works Paul Brazil put it, “We don't want our bike trail to become a mountain bike trail.” Read the court decision
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Reprinted courtesy of Amanda L. Gordon, Bloomberg

Requesting an Allocation Between Covered and Non-Covered Damages? [Do] Think Twice, It’s [Not Always] All Right.

October 12, 2020 — Todd Likman - Colorado Construction Litigation
As is often the case in construction defect and other insurance defense litigation, a plaintiff’s claims for relief typically encompass both covered and uncovered damages. Obviously, it is in the insured’s best interests to have as many damages covered by insurance as possible. From the insurer’s perspective and against the backdrop of owing duty of good faith and fair dealing to its insureds, however, it is generally better to have an allocation of covered vs. non-covered damages. This places the insurer, insured, and insurance retained defense counsel in a difficult position. A recent opinion from U.S. District Court for the District of Colorado, Rockhill Ins. Co. v. CFI-Global Fisheries Mgmt, Civil Action No. 1:16-CV-02760-RM-MJW, 2020 U.S. Dist. LEXIS 35209 (D. Colo. Mar. 2, 2020), sheds light on the issue, even though some may feel it only further muddies already murky waters. Rockhill involved review of an arbitration proceeding that property-owner, Heirloom I, LLC (“Heirloom”) filed against CFI-Global Fisheries Management (“CFI”). Rockhill Insurance Company (“Rockhill Insurance”) was asked to defend the arbitration as CFI’s professional and general liability insurer. At issue in the arbitration was Heirloom’s claim that CFI defectively designed and constructed a fisheries enhancement that was destroyed by natural processes four times in three years. Read the court decision
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Reprinted courtesy of Todd Likman, Higgins, Hopkins, McLain & Roswell
Mr. Likman may be contacted at likman@hhmrlaw.com

California Supreme Court Declares that Exclusionary Rule for Failing to Comply with Expert Witness Disclosures Applies at the Summary Judgment Stage

March 01, 2017 — Bruce Cleeland & Michael J. Worth - Haight Brown & Bonesteel LLP
In Perry v. Bakewell Hawthorne, LLC, 2017 No. S233096, the California Supreme Court held that when a trial court determines an expert opinion is inadmissible because expert disclosure requirements were not met, the opinion must be excluded from consideration at summary judgment if an objection is raised. Plaintiff Mr. Perry sued defendants Bakewell Hawthorne, LLC and JP Morgan Chase Bank, NA, alleging personal injuries after plaintiff fell at a property owned by Bakewell and leased by Chase. Defendant Chase served plaintiff with a demand for the exchange of expert witness information. Plaintiff made no disclosure. Thereafter, the trial date was continued. Defendant Bakewell subsequently filed a motion for summary judgment. In opposition, plaintiff submitted declarations of two experts opining that the stairs on which plaintiff fell were in disrepair and failed to comply with building codes and industry standards. Reprinted courtesy of Bruce Cleeland, Haight Brown & Bonesteel LLP and Michael J. Worth, Haight Brown & Bonesteel LLP Mr. Cleeland may be contacted at bcleeland@hbblaw.com Mr. Worth may be contacted at mworth@hbblaw.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES