Fairfield Connecticut Building Expert Directory

Sinking S.F. Tower Prompts More Lawsuits

January 19, 2017 — JT Long - Engineering News-Record
Homeowners on Jan. 6 added another lawsuit to the list pending against Millennium Partners, developer of the 645-ft-tall Millennium Tower, located in San Francisco’s South-of-Market district. The suit alleges that, as early as 2009, the developers knew the $350-million condo building was sinking faster than expected. Read the court decision
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Reprinted courtesy of JT Long, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Acceptable Worksite: New City of Seattle Specification Provisions Now In Effect

July 13, 2017 — Lindsay K. Taft - Ahlers & Cressman PLLC
The City of Seattle’s City Purchasing & Contracting Services recently revised its General Special Provisions for City construction contracts to add new “Acceptable Worksite” language. The City indicates that the purpose of the provisions is “to ensure that City construction worksites are respectful and appropriate, including prohibiting bullying, hazing, and other similar behaviors.” An “Acceptable Worksite” is defined as a worksite “that is appropriate, productive, and safe work for all workers” and “free from behaviors that may impair production, and/or undermine the integrity of the work conditions including but not limited to job performance, safety, productivity, or efficiency of workers.” Prohibited behaviors under the new specification provisions include persistent offensive conduct and language, hazing, offensive jokes about race, gender, or sexuality, assigning undesirable tasks or unskilled work to trained apprentices and journey-level workers, refusal to hire based on race, gender, or sexuality, and references to or requests for immigration status. The new program also includes monitoring, response, and enforcement of the provisions by City Purchasing and Contracting Services employees. Finally, the language must also be incorporated into all sub-tier contracts on City projects. Read the court decision
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Reprinted courtesy of Lindsay K. Taft, Ahlers & Cressman PLLC
Ms. Taft may be contacted at ltaft@ac-lawyers.com

San Diego Developer Strikes Out on “Disguised Taking” Claim

October 26, 2017 — Michael C. Parme – Haight Brown & Bonesteel LLP
In Dryden Oaks, LLC v. San Diego County Regional Airport Authority et al.(D068161, filed 9/26/17, publication order 10/19/17), the California Court of Appeal, Fourth Appellate District held that the County of San Diego (County) and the San Diego Regional Airport Authority (Authority) were entitled to summary judgment on a developer’s “disguised taking” theory of inverse condemnation. In 2001, the developer purchased two large lots (designated Lot 24 and Lot 25) adjacent to the end of a runway at the Palomar Airport in Carlsbad. Plaintiff obtained the necessary permits from the City of Carlsbad and successfully completed construction of an industrial building on Lot 24 in 2005. However, the plaintiff never began development of Lot 25 and the building permit for the property expired in 2012. The developer was then unable to renew the building permit because the Authority had adopted the Airport Land Use Compatibility Plan (ALUCP) in the interim period, which reclassified the Lots as part of a Runway Protection Zone (RPZ). The developer received a letter explaining that “despite the earlier approval the proposed development was no longer feasible because the ALUCP was more restrictive than the prior compatibility plan and the application's proposed use of ‘research and development’ was not permissible.” Read the court decision
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Reprinted courtesy of Michael C. Parme, Haight Brown & Bonesteel LLP
Mr. Parme may be contacted at mparme@hbblaw.com

You’ve Been Suspended – Were You Ready?

April 20, 2020 — Curtis W. Martin, Patrick J. Greene, Jr. & Levi W. Barrett - Peckar & Abramson
“Effective tomorrow … the City is suspending all regular activity at construction sites in Boston.” This was just one of the surprises that greeted contractors last week. Contractors and owners with projects across the country are scrambling to comply with mandated governmental suspensions. Project participants should begin contingency planning for possible project shutdowns. Reacting to Suspension Your legal rights and remedies will be largely determined by your contract and the laws applicable to it. But some basic principles will be applicable depending on the source of the suspension. Suspension by the Owner: An owner work suspension suggests review of the contract’s suspension of work clause. Federal contractors would look to the FAR Suspension of Work clause, FAR 52.242-14, but that is applicable if the suspension is by the Contracting Officer; the US would argue that a systemic suspension was a sovereign act and outside the FAR clause. Contractors for private work and state or municipal work may have contractual suspension of work clauses. At least some suspension clauses provide relief for time and money. Reprinted courtesy of Peckar & Abramson attorneys Curtis W. Martin, Patrick J. Greene and Levi W. Barrett Mr. Martin may be contacted at cmartin@pecklaw.com Mr. Greene may be contacted at pgreene@pecklaw.com Mr. Barrett may be contacted at lbarrett@pecklaw.com Read the court decision
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Former Hoboken, New Jersey Mayor Disbarred for Taking Bribes

September 17, 2014 — Beverley BevenFlorez-CDJ STAFF
The New Jersey Law Journal reported that Peter Cammarano III, a former Hoboken, New Jersey, mayor, was disbarred after admitting “four years ago that he took $25,000 in bribes from a federal informant in exchange for promising his help in getting approval for a high-rise.” Cammarano “was one of 44 public officials and rabbis arrested in July 2009 as part of a massive federal investigation, known as Operation Bid Rig, into public corruption and money laundering operations.” The Disciplinary review board had recommended a three year suspension, however, the New Jersey Supreme Court rejected that recommendation. “An elected official who sells his office—who offers favored treatment in exchange for money—betrays a solemn public trust,” Justice Barry Albin wrote for the court, as quoted by the New Jersey Law Journal. “This form of corruption is corrosive to our democracy and undermines public confidence in honest government, and its rippling pernicious effects are incalculable.” “I believe the Disciplinary Review Board’s decision was right,” Joseph Jr. Hayden, Cammarano’s attorney, told the New Jersey Law Journal. “There were sufficient mitigating factors to justify only a suspension.” Read the court decision
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Cuba: Construction Boom Potential for U.S. Construction Companies and Equipment Manufacturers?

June 30, 2016 — Sanjo Shatley, Esq. – Florida Construction Law Update
On July 20, 2015, diplomatic relations were officially restored between the U.S. and Cuba. Since that date, a number of significant political events have taken place. First, the U.S. reopened its embassy in Cuba on August 14, 2015. Next, on January 26, 2016, offices of the U.S. Departments of the Treasury and Commerce announced new amendments to the Cuban Assets Control Regulations and Export Administration Regulations. These amendments removed “existing restrictions on payment and financing terms for authorized exports and reexports to Cuba of items other than agricultural items or commodities,” and established “a case-by-case licensing policy for exports and reexports of items to meet the needs of the Cuban people, including those made to Cuban state-owned enterprises.”[1] Additionally, these amendments “further facilitate travel to Cuba for authorized purposes by allowing blocked space, code-sharing, and leasing arrangements with Cuban airlines, authorizing additional travel-related and other transactions directly incident to the temporary sojourn of aircraft and vessels, and authorizing additional transactions related to professional meetings and other events, disaster preparedness and response projects, and information and informational materials, including transactions incident to professional media or artist productions in Cuba.”[2] Finally, on March 21, 2016, President Barack Obama was the first sitting U.S. President to visit Cuba since the 1959 revolution, in which Fidel Castro overthrew Fulgencio Batista. This revolution ultimately led to the U.S. severing diplomatic relations in 1961 and President John F. Kennedy imposing a trade embargo between the U.S. and Cuba, which remains in effect today. Read the court decision
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Reprinted courtesy of Sanjo Shatley, Esq., Cole, Scott & Kissane, P.A.
Mr. Shatley may be contacted at sanjo.shatley@csklegal.com

Hamptons Home Up for Foreclosure That May Set Record

May 13, 2014 — Prashant Gopal – Bloomberg
A home in New York’s Hamptons on Further Lane, where comedian Jerry Seinfeld and hedge-fund manager Steven A. Cohen own estates, is up for auction in what will be one of the area’s biggest foreclosure sales. More than $10.5 million is owed on the 1.8-acre (0.7-hectare) property at 80 Further Lane in East Hampton, according to Daniel Murphy, the Riverhead, New York-based attorney who is scheduled to conduct the sale on June 10. Read the court decision
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Reprinted courtesy of Prashant Gopal, Bloomberg
Mr. Gopal may be contacted at pgopal2@bloomberg.net

When Do Hard-Nosed Negotiations Become Coercion? Or, When Should You Feel Unlucky?

October 21, 2019 — Stan Millan, Jones Walker, LLP - ConsensusDocs
Conflict in a negotiation is to be expected and is arguably healthy for the process. Owners and contractors are constantly engaged in negotiations; whether it be negotiating changes to the work, changes to the schedule, or changes to the contractual terms. But at what point does taking a strong position in a negotiation cross the line and become coercion or bad faith? A recent decision from the Armed Services Board of Contract Appeals touched on this very issue. While this is a government contract case, the issues discussed in this case (namely negotiating a change) are routinely encountered in just about every construction project. This decision is instructive because it adds to a trending line of cases that limit an owner’s and contractor’s negotiation tactics. On August 5, 2019, the board issued an opinion in the appeal of Sand Point Services, LLC vs. NASA, ASBCA Nos. 6189. In Sand Point Services, the contractor was hired by the owner to repair the Wallops Flight Facility’s aircraft parking apron. During its work, the contractor hit a differing site condition, namely unsuitable soils. The contractor sought additional time and money for this differing site condition. The owner ultimately responded with a show cause letter to the contractor claiming, among other breaches, that the contractor was significantly behind schedule. This was generally viewed by all parties as the start of default proceedings against the contractor. Read the court decision
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Reprinted courtesy of Stan Millan, Jones Walker, LLP
Mr. Millan may be contacted at smillan@joneswalker.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES