Fairfield Connecticut Building Expert Directory

Alert: AAA Construction Industry Rules Update

August 26, 2015 — Christopher G. Hill – Construction Law Musings
The American Arbitration Association has made some needed updates to their Construction Industry Arbitration and Mediation Rules, effective July 1, 2015. Among the changes listed at their website are:

A mediation step for all cases with claims of $100,000 or more (subject to the ability of any party to opt out).
Consolidation and joinder time frames and filing requirements to streamline these increasingly involved issues in construction arbitrations.
New preliminary hearing rules to provide more structure and organization to get the arbitration process on the right track from the beginning.
Information exchange measures to give arbitrators a greater degree of control to limit the exchange of information, including electronic documents.

Read the court decision
Read the full story...
Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Louisiana Politicians Struggle on Construction Bills, Hospital Redevelopment

June 16, 2011 — CDJ STAFF

Louisiana politicians are still working on a compromise in the state’s construction budget, as reported in the Times-Picayune. Rob Marrianneax, the chair of the Senate Revenue and Fiscal Affairs Committee, removed a $45 million request from Governor Bobby Jindal and added $4 million for projects that Jindal vetoed last year.

Two senators have formed competing plans to fund redevelopment construction for New Orleans’s Methodist Hospital. Mitch Landrieu, the mayor of New Orleans, hoped for $30 million dollars in state bonds. Senator Cynthia Willard-Lewis proposed an amendment that would supply $1.6 million, while Senator J.P. Morrell has an amendment that would supply $4 million.

Read the full story…

Read the court decision
Read the full story...
Reprinted courtesy of

Hawaii Court of Appeals Affirms Broker's Liability for Failure to Renew Coverage

July 16, 2014 — Tred R. Eyerly – Insurance Law Hawaii
The Hawaii Intermediate Court of Appeals affirmed the jury's finding that the broker was liable for failing to secure coverage for the insureds' home. Certain Underwriters at Lloyd's London v. Vreeken, 2014 Haw. App. LEXIS 322 (Haw. Ct. App. June 30, 2014). Based upon their dealings with the broker, the insureds thought they had coverage for their home from March 3, 2004 to March 3, 2005 and from May 9, 2005 to May 8, 2006. The house was elevated nine feet above the ground for structural renovation, but collapsed on May 23, 2005. The original policy had lapsed on March 3, 2005. The second policy was voided because the application prepared by the broker stated there was no renovation work underway on the property. The insureds sued. The jury found the broker and its agent liable for general, special and punitive damages. An appeal was filed. The ICA largely affirmed after addressing the many points raised on appeal. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

South Carolina Couple Must Arbitrate Construction Defect Claim

June 28, 2013 — CDJ STAFF
The South Carolina Court of Appeals has rejected a claim by Sun City property owners that they were not bound by the arbitration clause in their purchase agreement. Roger and Mary Jo Carlson brought the claim against Del Webb Communities and Pulte Homes. About 140 homeowners are alleging problems in the community. According to the court, the Carlsons will have to go through arbitration with the companies over the alleged stucco defects to their home. Read the court decision
Read the full story...
Reprinted courtesy of

Default Should Never Be An Option

June 19, 2023 — Christopher G. Hill - Construction Law Musings
Every time I think that the construction industry has learned that failure to respond to a lawsuit is never the correct response, another case of default judgment comes out. I’ve discussed on multiple occasions that failure to respond can only lead to disaster. Aside from being barred from making any substantive response to the allegations against you, there are other consequences including the inability to seek a reasonable settlement because the other side has no reason to negotiate. One of the more disastrous results recently came about in the Norfolk Division of the Eastern District of Virginia District Court. The case of L & W Supply Corp v. Driven Construction et. al. involved a supplier that sought to enforce its credit agreement against both the corporate entity of the contractor, Driven, and the guarantor, a principal of the company. Needless to say, there was no response to the lawsuit and the Plaintiff filed for default judgment. Read the court decision
Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Granting of Lodestar Multiplier in Coverage Case Affirmed

November 14, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The trial court's use of a multiplier in awarding fees to the insured was affirmed by the Florida Court of Appeal. Citizens Prop. Ins. Corp. v. Laguerre, 2018 Fla. App. LEXIS 11794 (Fla. Ct. App. Aug. 22, 2018). Following Hurricane Wilma, the insured made a claim for wind damage to her insurer, Citizens. Citizens investigated the claim and paid $8,400.77. The insured then demanded an appraisal and submitted an appraisal estimate in the amount of $60,256.79. There was no response to the appraisal demand. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Construction Spending Drops in March

May 10, 2013 — CDJ STAFF
Reuters reports that construction spending dropped by 1.7 percent in March, bringing it to the lowest level since August, more than wiping out February’s increase of 1.5 percent. Economists had predicted a mild gain of 0.7 percent. Spending fell due to a 4.1 percent drop in public construction projects, bringing it to its lowest in six and a half years. Read the court decision
Read the full story...
Reprinted courtesy of

Faulty Workmanship an Occurrence in Iowa – as Long as Other Property Damage is Involved

November 30, 2016 — Austin D. Moody – Saxe Doernberger & Vita, P.C.
The Eighth Circuit recently weighed in on one of the more contentious issues in insurance coverage litigation: is faulty workmanship an occurrence? In Decker Plastics Inc. v. West Bend Mut. Ins. Co., the Eighth Circuit ruled that, under Iowa law, faulty workmanship is an occurrence – as long as it leads to other property damage. Read the court decision
Read the full story...
Reprinted courtesy of Austin D. Moody, Saxe Doernberger & Vita, P.C.
Mr. Moody may be contacted at adm@sdvlaw.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES