Fairfield Connecticut Building Expert Directory

Cyber Security Insurance and Design Professionals

March 29, 2017 — David Adelstein – Florida Construction Legal Updates
Cyber security insurance is a relatively new insurance product that has probably become more popular and important in today’s digital age. Think about it. Almost everything is created, transmitted, shared, and stored digitally. Companies utilize cloud-based platforms to store documents, share documents, and transmit documents. Documents are transmitted via e-mail. Documents are created electronically with various software programs. And, finally, technology has made it convenient to create, access, store, share, and transmit documentation digitally through smartphones, tablets, or laptops (and various applications) – so technology enables things to be done remotely in the moment to maximize efficiency and production. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

Killer Subcontract Provisions

January 20, 2020 — Patrick McNamara - Porter Law Group
We are frequently requested by subcontractor clients to review the subcontract that has been prepared by the prime contractor, before our client signs it. While no two agreements are identical, there are a number of problematic contract provisions that appear in many agreements. Here is a list of ten such provisions (and their variations) that are potential “deal breakers”:

PAY IF/WHEN PAID (e.g. “Contractor shall have the right to exhaust all legal remedies, including appeals, prior to having an obligation to pay Subcontractor.”) “Pay-if-paid” provisions (“Receipt of payment from Owner shall be a condition precedent to Contractor’s duty to pay Subcontractor”) are illegal in California. However, the only legal limit on “Pay-When-Paid” provisions is that payment must be made “within a reasonable time.” The example above, as written, essentially affords the prime contractor a period of several years following completion of the project before that contractor has an independent duty to pay its subcontractors – not a “reasonable” amount of time, to those waiting to be paid. A compromise is to provide a time limit, such as 6 months or one year following substantial completion of the project.
CROSS-PROJECT SET-OFF (e.g. “In the event of disputes or default by Subcontractor, Contractor shall have the right to withhold sums due Subcontractor on this Project and on any other project on which Subcontractor is performing work for Contractor.”) Such provisions are problematic and likely unenforceable, as they potentially bar subcontractors’ lien rights. Such provisions should be deleted.
CONTRACTOR/SUBCONTRACTOR RESPONSIBILITY FOR DESIGN QUALITY (e.g. “Subcontractor warrants that the Work shall comply with all applicable laws, codes, statutes, standards, and ordinances.”) Unless a subcontractor’s scope of work expressly includes design work, this provision should either be deleted or modified, with the addition of the following phrase: “Subcontractor shall not be responsible for conformance of the design of its work to applicable laws, codes, statutes, standards, and ordinances.”

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Reprinted courtesy of Patrick McNamara, Porter Law Group
Mr. McNamara may be contacted at pmcnamara@porterlaw.com

Understanding the Real Estate and Tax Implications of Florida's Buyer Ban Law

July 16, 2023 — Kelly Erb - White and Williams LLP
Last month, Gov. Ron DeSantis (R) of Florida signed a new law that would prohibit people who are not U.S. citizens or permanent residents and whose "domicile" is in China from purchasing certain real property in the state. Generally, the prohibition applies to agricultural land and other land within ten miles of restricted areas, including military bases and infrastructure like airports and wastewater treatment plants. The law, which takes effect on July 1, 2023, would also impose criminal penalties on any person or real estate company that knowingly sells real estate in the Sunshine State to anyone impacted by the ban. Read the court decision
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Reprinted courtesy of Kelly Erb, White and Williams LLP
Ms. Erb may be contacted at erbk@whiteandwilliams.com

Greg Dillion & Newmeyer Dillion Named 2019 Good Scout Award Recipient

November 24, 2019 — Newmeyer Dillion
Newmeyer Dillion, a prominent business and real estate law firm, today announced Greg Dillion and the firm were named the 2019 Good Scout Award recipient by the Boy Scouts of America, Orange County Council. Dillion and the firm were recognized at the 38th annual Construction Industry Luncheon on November 18th at Hotel Irvine in Irvine, CA. The award is given to individual/company in recognition of their outstanding character, leadership in their industry and commitment to their community. "When reviewing the 12 points of the Scout's law, with each point as a goal for every Scout to live up to, the two that stand out the most for me that Greg embodies are that Greg is 'helpful' and Greg is 'brave,'" says Newmeyer Dillion's Managing Partner Paul Tetzloff, who served as Master of Ceremonies for this year's award. "Greg has the instantaneous willingness to help, and he will make the time to help even when he has no time to do so. Greg never runs and he never backs down. He is the person that we look up to. He never hesitates, and he never blames. He only moves forward. I've been blessed in my life to be around and influenced by some tremendous leaders. Greg is the real deal. The Boy Scouts could not have picked a better man to honor." Greg Dillion is a founding partner of Newmeyer Dillion. Established 35 years ago, the firm has grown from three attorneys to over 70 in three offices. Along with an active trial and appellate public and private practice, Dillion represents residential and commercial developers and other businesses in complex and high stakes business, insurance, real estate and construction disputes. He also advises on insurance policy placement and review; risk avoidance, transfer and management; and alternative dispute resolution methods, techniques and enforceability. Dillion is active in the community in which he serves, as a supporter of numerous charities and non-profit organizations like the American Cancer Society, Boys Scouts of America, The City of Hope, Interval House, Joyful Child, The Catalina Conservancy, Orangewood Foundation, The Shea Center, The Catalina Cowboy Heritage Foundation and more. He currently sits on the Board for the Surfing Heritage & Culture Center and the Los Caballeros. Learn More: https://www.newmeyerdillion.com/gregory-l-dillion/ https://vimeo.com/374510243/a587df2eaa About Newmeyer Dillion For 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 corporate, employment, real estate, privacy & data security and insurance law, Newmeyer Dillion delivers legal services tailored to meet each client's needs and takes an integrated and holistic approach to its legal representation that propels each clients' vision, mission, culture, operations, peace of mind and bottom line. 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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Building Recovery Comes to Las Vegas, Provides Relief

October 01, 2013 — CDJ STAFF
The recession hit the Las Vegas area hard, and so residents are now relieved as the economy recovers. During the recession, the area lost more than 70,000 construction jobs. Those who remained still found it hard t find work. But KVVU, Las Vegas, spoke with Fredy Salguero, a construction worker who still finds getting a steady paycheck a challenge. “You work like one, two, three days a week, and before you were able to work six or seven.” The signs are good that better times will be coming for Mr. Salguero. Housing prices are up 30 percent and there are $7 million of commercial projects on the Las Vegas Strip. With the nation’s highest unemployment rate, Nevada needs the help. Read the court decision
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Home Buyers Lose as U.S. Bond Rally Skips Mortgage Rates

September 03, 2014 — Jody Shenn – Bloomberg
Potential home buyers watching this year’s plunge in 10-year Treasury yields can be forgiven for wondering why their borrowing costs aren’t falling at the same pace. The last time the benchmark Treasury rate fell as low as the 2.34 percent level reached last week, in June 2013, interest rates on typical mortgages were almost 0.2 percentage point less than they are now. There are a number of explanations: Yields on five-year Treasuries, which also help determine loan rates, have actually increased. And lenders that cut staff aren’t competing as aggressively by adjusting their pricing. No matter the cause, the effect is that a potential catalyst to get the faltering U.S. housing recovery back on track is failing to materialize. With home-loan rates stagnating at about 4.1 percent during the past three months, a renewed boom in refinancing also sits just out of reach. Read the court decision
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Reprinted courtesy of Jody Shenn, Bloomberg
Ms. Shenn may be contacted at jshenn@bloomberg.net

Chinese Billionaire Sues Local Governments Over Project Payment

January 28, 2015 — Bloomberg News
The billionaire founder of closely held China Pacific Construction Group sued six local governments in a bid to force payment of 900 million yuan ($144 million) his company is owed for infrastructure projects. Yan Jiehe said today he was trying to prove a point and winning the lawsuits wasn’t his main goal. Courts in Hebei, Yunnan, Guizhou, Hunan and Shandong provinces accepted the cases, he said in an interview. “We cannot let the governments work without any supervision anymore,” Yan said. “The results of the lawsuits are not that important to me and I care more about rule of law.” Read the court decision
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Reprinted courtesy of Bloomberg News

Report: Construction Firms Could Better Protect Workers From Noise Hazards

April 17, 2019 — Joanna Masterson - Construction Executive
Given that about three-quarters of construction workers are exposed to noise levels above the recommended limit, 83 percent of the 237 contractors surveyed for a new Dodge Data & Analytics SmartMarket Brief say they’ve purchased quieter equipment, yet well over half of those firms report their company could do better. Additionally, 85 percent of contractors report using hearing protection onsite more than 50 percent of the time, yet less than half say they always use it, suggesting a significant opportunity for improvement in the industry. Digging deeper, the survey determined small companies lag behind large and midsize ones in the use of hearing protection. Also, half of general contractors report always using hearing protection, compared to about one-third of trade contractors. Reprinted courtesy of Joanna Masterson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES