Fairfield Connecticut Building Expert Directory

Flood Coverage Denied Based on Failure to Submit Proof of Loss

November 26, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The court granted summary judgment to the insurer because the insureds submitted only documentation of damage by flood, not proof of loss forms required by the policy. Alexander v. Allstate Ins. Co., 2014 U.S. Dist. LEXIS 143284 (E.D. La. Oct. 8, 2014). Hurricane Isaac caused flood damaged to the insureds' home. A claim was filed for flood damage under their Standard Flood Insurance Policy issued by Allstate. An independent adjuster estimated that building repairs would be $50,025. Allstate also prepared a contents loss estimate of $22,655 based on a personal property list submitted by the insureds. Proof of loss forms for these amounts were sent to the insureds and returned to Allstate. Consequently, these claims were paid. The insureds submitted a new proof of loss for additional lost contents, and another payment was made. Additional building damages were found. Again, the proof of loss was resubmitted and an additional payment was made by Allstate. 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

Insured's Expert Qualified, Judgment for Coverage Affirmed

December 15, 2016 — Tred R. Eyerly – Insurance Law Hawaii
Addressing a host of issues on appeal, the Texas Court of Appeals affirmed the trial court's judgment against the insurer for property damage caused by Hurricane Ike. Nat'l Sec. Fire & Cas. Co. v. Henriquez, 2016 Tex. App. LEXIS 11391 (Tex. Ct. App. Oct. 20, 2016), withdrawn and substituted by 2016 Tex. App. LEXIS 12766 (Tex. Ct. app. Dec. 1, 2016). The insureds alleged property damage to their home caused by the hurricane. The roof was damaged, resulting in interior water damage. Sheetrock, exterior bricks, windows, walls cabinets and insulation throughout the entire home were damaged. The insureds also alleged that the home shifted during the storm, causing the foundation to not be level and the ceilings and walls to crack. Personal property within the dwelling was also damaged. 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

Be Sure to Bring Up Any Mechanic’s Lien Defenses Early and Often

November 27, 2023 — Christopher G. Hill - Construction Law Musings
As those of you who regularly read Musings are aware, mechanic’s liens are a big part of my law practice and a big issue here at this construction law blog. I’ve discussed the picky requirements of the mechanic’s lien statutes in Virginia and how the 90 and 150-day rules are strictly enforced. However, a recent case out of the City of Norfolk Virginia Circuit Court cautions that while failure to meet these strict requirements may invalidate a lien, it only does so if the owner or general contractor seeking to invalidate the lien argues the invalidity and/or presents evidence of that invalidity either pretrial or during trial. In Premier Restoration LLC v. Barnes, the Court considered the following facts. The defendant homeowners had a house fire and the resulting damage was the subject of an insurance claim that was paid and checks sent to the homeowners. Premier filed a mechanic’s lien in response to Barnes’s failure to pay for Premier’s restoration construction services after Barnes’s home was destroyed by fire. Premier seeks a decree to enforce the lien, asking the court to order the sale of Barnes’s property to recover its damages or, alternatively, a judgment in its favor. With the Complaint seeking enforcement of the lien and damages for breach of contract, and this is a key point, Premier provided a copy of the mechanic’s lien along with the affidavit that is part of the statutory form swearing that the Owner was justly indebted to Premiere. The homeowners filed a counterclaim for unfinished work, including unfinished punch list work. After a trial during which no evidence regarding either the timeliness of the lien recording or whether any of the work sought to be encompassed in the lien was performed outside of the statutory 150-day window was presented by either side, the defendants filed a post-trial motion seeking to invalidate the lien as including sums for work outside of the 150-day window. 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

Sobering Facts for Construction Safety Day

April 28, 2014 — Melissa Dewey Brumback – Construction Law in North Carolina
Happy “Construction Safety Day” everyone! James White of Maxwell Systems, has shared with me an infographic showing all sorts of data about construction fatalities. As you might expect, falls are the #1 source of construction-site fatalities, followed by being struck by falling objects, electrocution, and being caught between objects, in that order. Together, these “fatal four” make up 57% of all construction worker deaths. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Construction Law in North Carolina
Ms. Brumback may be contacted at mbrumback@rl-law.com

CAUTION: Terms of CCP Section 998 Offers to Compromise Must Be Fully Contained in the Offer Itself

May 12, 2016 — Jesse M. Sullivan & R. Bryan Martin – Haight Brown & Bonesteel LLP
In Sanford v. Rasnick, (Ct. of Appeal, 1st App. Dist., No. A145704) the First Appellate District addressed whether a CCP § 998 Offer to Compromise requiring plaintiff to execute a release and enter into a separate settlement agreement was valid. Because the settlement agreement could potentially contain additional terms not stated in the CCP 998 Offer, the Court of Appeal held that it was not. Plaintiff alleged he was injured when the 17-year-old Defendant ran a stop sign and struck his motorcycle. Plaintiff sued the 17-year-old and his father (the owner of the vehicle) for vehicular negligence and general negligence. Just after discovery closed, defendants jointly served a CCP § 998 Offer to Compromise to plaintiff in the amount of $130,000. The offer contained a condition requiring that in order to accept, plaintiff must provide a “notarized execution and transmittal of a written settlement agreement and general release. Each party will bear its own fees, costs and expenses.” Mr. Sullivan may be contacted at jsullivan@hbblaw.com Mr. Martin may be contacted at bmartin@hbblaw.com Reprinted courtesy of Jesse M. Sullivan, Haight Brown & Bonesteel LLP and R. Bryan Martin, Haight Brown & Bonesteel LLP Read the court decision
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ASCE Statement on Congress Passage of National Debt Limit Suspension

June 12, 2023 — The American Society of Civil Engineers
The following is a statement by Tom Smith, Executive Director, American Society of Civil Engineers (ASCE): WASHINGTON, D.C. – The American Society of Civil Engineers (ASCE) applauds Congress for passing a measure to avoid a U.S. debt default while safeguarding the critical funding allotments for our nation's infrastructure from the Infrastructure Investment and Jobs Act (IIJA). The bipartisan Fiscal Responsibility Act of 2023 (H.R. 3746) will not only protect funding from the IIJA, but it also takes steps to advance permitting reform, a major priority for ASCE and the civil engineering community. Streamlining permitting is crucial to ensuring we make the most of available funding mechanisms. ASCE is pleased to see that many elements of the BUILDER Act made it into the debt ceiling suspension, including setting deadlines for environmental reviews and providing clarity around permitting requirements. Although further actions are needed to streamline these processes, the Fiscal Responsibility Act is a crucial first step towards implementing much-needed permitting reform to keep valuable projects moving and bring benefits to communities across the country. ASCE once again applauds Congress and the Administration for taking these necessary steps to protect the U.S. economy and infrastructure systems. 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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Manhattan Condo Lists for Record $150 Million

February 18, 2015 — Oshrat Carmiel – Bloomberg
(Bloomberg) -- Manhattan’s ultra-luxury condo market has a new high-water mark: $150 million. That’s the price set by developer Chetrit Group for a 21,500-square-foot (2,000-square-meter) triplex at the former Sony Building in Midtown, according to documents filed with the New York State attorney general’s office. It would be a record for a residential listing, topping a $130 million offering planned at Zeckendorf Development Co.’s 520 Park Ave. As luxury apartments proliferate in Manhattan, builders are offering their premier units at ever-higher prices as a way of standing out from the crowd, said Jonathan Miller, president of New York appraiser Miller Samuel Inc. So far, the highest price ever paid for a condominium in the city is $100.5 million, a deal completed in December for a duplex penthouse at the One57 tower. Read the court decision
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Reprinted courtesy of Oshrat Carmiel, Bloomberg
Ms. Carmiel may be contacted at ocarmiel1@bloomberg.net

Think Before you Execute that Release – the Language in the Release Matters!

June 17, 2024 — David Adelstein - Florida Construction Legal Updates
If you execute a release in exchange for payment or other consideration, remember the language in the release means something. THE RELEASE LANGUAGE MATTERS! And the meaning in the release may be way more than you intended so please make sure you truly digest and consider release language before executing. This sentiment could not be truer than in the 2009 decision Bell BCI Company v. United States, 570 F.3d 1337 (Fed. Cir. 2009). In this case, a contractor entered into a modification (change order) with the government. The modification included the following language: increase the contract amount by $2,296,963 … as full and equitable adjustment for the remaining direct and indirect costs of the Floor 4 Fit-out (EWO 240–R1) and full and equitable adjustment for all delays resulting from any and all Government changes transmitted to the Contractor on or before August 31, 2000. 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

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