Fairfield Connecticut Building Expert Directory

OIRA Best Practices for Administrative Enforcement and Adjudicative Actions

November 23, 2020 — Anthony B. Cavender - Gravel2Gavel
On March 2, 2020, the Environmental Protection Agency revised its “On-Site Civil Inspection Procedures” in accordance with Executive Order 13892 . (The rules are located at 40 CFR Part 31.) These rules set forth the components of an appropriate inspection procedure. Briefly, the rules require that, after the inspector’s credential are made available, the object of the inspection will be discussed (and most inspections will be held during regular working hours), consent to enter must be obtained, there should be an opening and a closing conference with facility representatives, safety protocols must be observed, confidential business information must be protected, and there will be an opportunity for split sampling. Once the report is completed, it will be shared with the facility. A few months later, on August 31, 2020, the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) circulated a memo to the heads of all federal agencies to implement the principles of fairness in administrative enforcement and adjudication. This directive implements Executive Order 13924, and includes a comprehensive list of “best practices” that should be employed in their administrative enforcement and adjudicative actions. Briefly, these best practices (which are framed in broad terms) are: 1. The government has the burden of proving a violation of the rules or other authorities; Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

2018 Super Lawyers and Rising Stars!

July 18, 2018 — Wilke, Fleury, Hoffelt, Gould & Birney, LLP
Wilke Fleury is thrilled to announce our 2018 Super Lawyers and Rising Stars! Twelve of our talented attorneys have been honored with the Super Lawyers and Rising Stars distinctions. Super Lawyers® is a service of the Thomson Reuters, Legal Division. Each year, the research team at Super Lawyers® undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area and a good-standing and disciplinary check. The Super Lawyers list represents only five percent of lawyers in California and Rising Stars reflects 2.5% of the state’s up-and-coming lawyers. Congratulations to Wilke Fleury’s 2018 Super Lawyers and Rising Stars! Read the court decision
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Reprinted courtesy of Wilke, Fleury, Hoffelt, Gould & Birney, LLP

Specification Challenge; Excusable Delay; Type I Differing Site Condition; Superior Knowledge

January 02, 2024 — David Adelstein - Florida Construction Legal Updates
An Armed Services Board of Contract Appeals dispute, Appeal of L.S. Black-Loeffel Civil Constructors JV, ASBCA No. 62402, 2023 WL 5827241 (ASBCA 2023), involved which party bore liability for delay—the federal government or the prime contractor–based on various legal theories. Without detailing the factual details, a number of interesting legal issues were raised in this dispute including (1) a defective specification challenge, (2) excusable delay, (3) Type I differing site condition, and (4) superior knowledge. These legal issues are discussed below. 1. Specification Challenge (Defective Specifications) The contractor claimed that the government’s specifications were defective in regard to a thermal control plan. The government countered that the specifications were not design specifications but performance specifications. The specifications were performance based because they did not tell the contractor how to achieve the performance-based criteria. 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

White and Williams LLP Acquires 6 Attorney Firm

August 29, 2022 — White and Williams LLP
White and Williams LLP has announced the acquisition of a six-attorney law firm nationally known for their work in the surety and construction space. Located in Towson, MD, Baltimore County, the attorneys of Pike & Gilliss LLC will join White and Williams, marking the opening of the firm’s 11th location and extending the firm’s presence to Maryland, Washington DC and Virginia. Attorneys joining White and Williams include David Gilliss, who will serve as Managing Partner of the Towson office, Patrick Pike and Eric Korphage as partners, Joel Williams as Counsel, and Anthony Kikendall and Robert Kline as associates. “We are excited to make this longtime informal partnership official by joining forces,” said Gilliss. “Attorneys from White and Williams and Pike & Gilliss have had clients in common for over a decade and we often collaborate. This official coming together creates one of the leading surety practices in the country, offering clients a broader and more cohesive experience and extensive legal expertise.” Read the court decision
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Reprinted courtesy of White and Williams LLP

The Hidden Price of Outdated Damage Prevention Laws: Part I

November 21, 2018 — Brigham A. McCown - Construction Executive
Excavators know that dialing 811 triggers a process that requires all utilities operating in the service area to find and mark the location of their underground facilities so that they are not damaged during the excavation process. In addition, marking the location of the utilities is intended to keep the public safe, for instance by preventing an excavator from striking a gas line. But excavators also know that in most states, the laws and regulations that govern these procedures are weak and that enforcement is even weaker. It’s an unfortunate fact that excavators and the public – typically the least culpable parties – suffer the consequences of weak damage prevention laws and lack of strong enforcement regimes. Reprinted courtesy of Brigham A. McCown, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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The General Assembly Adds Some Clarity to Contracts and Unlicensed Contractors

March 28, 2018 — Christopher G. Hill – Construction Law Musings
For years, the statute regarding performing construction without a valid license (Va. Code 54.1-1115) was a bit murky. While that statute listed several prohibited acts, among them contracting without the proper class of license or use of the license of another, the consequences of such activity, in particular the effect that such action would have on the enforcement of a construction contract (Section C of the statute), were less than clear. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill, PC
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Mexico Settles With Contractors for Canceled Airport Terminal

August 26, 2019 — Eric Martin - Bloomberg
Mexico City's airport authority settled a dispute with builders on an 85 billion peso ($4.45 billion) contract for the terminal at a new Mexico City airport that President Andres Manuel Lopez Obrador canceled a month before taking office. Grupo Aeroportuario Ciudad de la Mexico will pay 14.2 billion pesos, equivalent to 16.7% of the contract's total cost, to Constructora Terminal de Valle de Mexico, a consortium that includes Carlos Slim's Operadora Cicsa, the Communications and Transportation Ministry said in an emailed statement. The contracts represented 45% of the airport's total cost, the ministry said. Read the court decision
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Reprinted courtesy of Eric Martin, Bloomberg

Newmeyer & Dillion Attorneys Selected to the 2016 Southern California Super Lawyers Lists

June 09, 2016 — Newmeyer & Dillion LLP
NEWPORT BEACH, Calif. – JUNE 6, 2016 – Prominent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that three of the firm’s attorneys, Jennifer L. Ferrentino, Robyn E. Frick and Michael B. McClellan were selected to the Southern California Super Lawyers 2016 Rising Stars list for business litigation. Each year, no more than 2.5 percent of the lawyers in the state are selected by Super Lawyers to receive this honor. The attorneys will be recognized in the July 2016 issues of Super Lawyers Magazine, Los Angeles Magazine and Orange Coast magazine. In addition, twelve of the firm’s Newport Beach attorneys were selected to the 2016 Southern California Super Lawyers list, an honor given to no more than five percent of the lawyers in California. Michael S. Cucchissi, Real Estate Mark S. Himmelstein, Construction Litigation Jane M. Samson, Real Estate Jeffrey M. Dennis, Construction Litigation Charles S. Krolikowski, Eminent Domain Robert K. Scott, Insurance Coverage Gregory L. Dillion, Business Litigation Thomas F. Newmeyer, Business Litigation Michael J. Studenka, Employee Litigation: Defense Joseph A. Ferrentino, Construction Litigation John A. O'Hara, Construction Litigation Carol S. Zaist, Business Litigation Making the list since it was originally published in 2004 is co-founding litigation partner Greg Dillion who was again selected to the Top 50: 2016 Orange County Super Lawyers List. In addition, Jennifer L. Ferrentino, Robyn E. Frick, Jane M. Samson and Carol S. Zaist were listed in the 2016 Top Women Attorneys in Southern California by Super Lawyers. 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. The Rising Stars list is developed using the same selection process except a candidate must be either 40 years old and younger or in practice for 10 years or less. About Newmeyer & Dillion For more than 30 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, construction 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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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES